Federal Register Vol. 82, No.199,

Federal Register Volume 82, Issue 199 (October 17, 2017)

Page Range48193-48387
FR Document

Current View
Page and SubjectPDF
82 FR 48385 - Promoting Healthcare Choice and Competition Across the United StatesPDF
82 FR 48383 - National Energy Awareness Month, 2017PDF
82 FR 48230 - Sunshine Act NoticePDF
82 FR 48312 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of DirectorsPDF
82 FR 48280 - Sunshine Act Meeting NoticePDF
82 FR 48224 - Sunshine Act Meeting NoticePDF
82 FR 48236 - Agency Information Collection Activities: EngageDHSPDF
82 FR 48227 - Notice of Meeting of the EPA Children's Health Protection Advisory Committee (CHPAC)PDF
82 FR 48227 - Notification of a Public Teleconference of the Science Advisory Board Risk and Technology Review (RTR) Methods Review PanelPDF
82 FR 48308 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Murillo: The Self-Portraits” ExhibitionPDF
82 FR 48212 - Notice of the Advisory Committee on Agriculture Statistics MeetingPDF
82 FR 48212 - Notice of Intent To Grant Exclusive LicensePDF
82 FR 48195 - Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the Federal Direct Loan Program)PDF
82 FR 48307 - Notice of Public MeetingPDF
82 FR 48281 - Information Collection: Material Control and Accounting of Special Nuclear MaterialPDF
82 FR 48231 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 48231 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 48215 - Submission for OMB Review; Comment RequestPDF
82 FR 48216 - Submission for OMB Review; Comment RequestPDF
82 FR 48255 - Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Appellate ProcedurePDF
82 FR 48254 - Meeting of the Advisory Committee; MeetingPDF
82 FR 48310 - Buckeye Hammond Railroad LLC-Abandonment Exemption-in Lake County, Ind.PDF
82 FR 48217 - Notice of Intent To Grant an Exclusive Patent LicensePDF
82 FR 48253 - United States and Mexico United States Section; Notice of Availability of a Draft Environmental Assessment and Finding of No Significant Impact for Channel Maintenance Alternatives at Thurman I and II Arroyos in Hatch, NM, Rio Grande Canalization ProjectPDF
82 FR 48237 - Privacy Act of 1974; System of Records: Section 811 Project Rental Assistance Evaluation-Phase IIPDF
82 FR 48223 - Nevada Hydro Company, Inc.; Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study RequestsPDF
82 FR 48226 - Commission Information Collection Activity (FERC-717); Comment Request; ExtensionPDF
82 FR 48220 - Bloom Energy Corporation; Notice of Petition for Declaratory OrderPDF
82 FR 48219 - Xcel Energy Services Inc. v. Southwest Power Pool, Inc.; Notice of ComplaintPDF
82 FR 48229 - Third Meeting of the Broadband Deployment Advisory CommitteePDF
82 FR 48203 - Structure and Practices of the Video Relay Services ProgramPDF
82 FR 48310 - Buckeye East Chicago Railroad LLC-Abandonment Exemption-in Lake County, Ind.; Landisville Railroad, LLC-Discontinuance Exemption-in Lake County, Ind.PDF
82 FR 48222 - Voyager Wind II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 48225 - NTE Ohio, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 48221 - American Electric Power Service Corporation v. Midcontinent Independent System Operator, Inc.; Notice of ComplaintPDF
82 FR 48222 - Notice of Effectiveness of Exempt Wholesale Generator and Foreign Utility Company StatusPDF
82 FR 48220 - Combined Notice of Filings #1PDF
82 FR 48283 - Low-Level Radioactive Waste DisposalPDF
82 FR 48213 - Certain Polyethylene Terephthalate Resin From India: Notice of Rescission of Countervailing Duty Administrative Review, 2015-2016PDF
82 FR 48213 - Certain Steel Nails From the Socialist Republic of Vietnam: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014-2015PDF
82 FR 48308 - Notice of Determinations; Culturally Significant Object Imported for Exhibition Determinations: “Laura Owens” ExhibitionPDF
82 FR 48307 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Painted in Mexico, 1700-1790: Pinxit Mexici” ExhibitionPDF
82 FR 48204 - Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Central Regulatory Area of the Gulf of AlaskaPDF
82 FR 48229 - Instructions for Filing 4G LTE Coverage Data To Determine Areas Presumptively Eligible for Mobility Fund Phase II Support; Contact Information Due by October 23, 2017; Responses Due by January 4, 2018PDF
82 FR 48277 - National Council on the Arts 192nd MeetingPDF
82 FR 48228 - Agency Information Collection Activities: Comment RequestPDF
82 FR 48231 - Information Collection; Affidavit of Individual Surety, Standard Form 28PDF
82 FR 48320 - Veterans' Rural Health Advisory Committee; (Amended) Notice of MeetingPDF
82 FR 48282 - Information Collection: Nondiscrimination in Federally Assisted Commission ProgramsPDF
82 FR 48241 - Bureau of Indian Education Strategic PlanPDF
82 FR 48217 - Agency Information Collection Activities; Comment Request; Implementation of Title I/II-A Program InitiativesPDF
82 FR 48268 - Membership of the Senior Executive Service Standing Performance Review BoardsPDF
82 FR 48255 - United States v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA); Proposed Final Judgment and Competitive Impact StatementPDF
82 FR 48267 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Border Security Technology ConsortiumPDF
82 FR 48216 - Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops; CorrectionPDF
82 FR 48255 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Advanced Media Workflow Association, Inc.PDF
82 FR 48255 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-PXI Systems Alliance, Inc.PDF
82 FR 48318 - Proposed Extension of Information Collection Request Submitted for Public Comment; Mortgage Credit Certificates (MCCs)PDF
82 FR 48317 - Proposed Extension of Information Collection Request Submitted for Public Comment; Application for Determination of Employee Stock Ownership PlanPDF
82 FR 48232 - Request for Nominations of Potential Reviewers To Serve on the Disease, Disability, and Injury Prevention and Control Special Emphasis PanelPDF
82 FR 48242 - Notice of Inventory Completion: U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MDPDF
82 FR 48249 - Notice of Inventory Completion: U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MDPDF
82 FR 48245 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48241 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48248 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48243 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48250 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48252 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48247 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48246 - Notice of Inventory Completion: Wisconsin Historical Society, Madison, WIPDF
82 FR 48234 - Proposed Information Collection Activity; Comment RequestPDF
82 FR 48230 - FDIC Advisory Committee on Community Banking; Notice of MeetingPDF
82 FR 48307 - 30-Day Notice of Proposed Information Collection: Individual, Corporate or Foundation, and Government Donor Letter ApplicationsPDF
82 FR 48219 - Combined Notice of FilingsPDF
82 FR 48193 - Special Conditions: ALOFT AeroArchitects, Boeing Model 737-800 Airplanes; Aircraft Electronic System Security Protection From Unauthorized External AccessPDF
82 FR 48218 - City of Holyoke Gas & Electric Department; Notice Soliciting Scoping CommentsPDF
82 FR 48222 - FirstEnergy Service Company; Notice of Waiver RequestPDF
82 FR 48309 - Notice of Availability of the Draft Environmental Assessment and Preliminary Finding of No Significant Impact for the Borrego Pipeline Presidential Permit Application Review, Webb County, TexasPDF
82 FR 48309 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Caravaggio: Masterpieces From the Galleria Borghese” ExhibitionPDF
82 FR 48306 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “The Arch of Titus-From Jerusalem to Rome, and Back” ExhibitionPDF
82 FR 48296 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend the Listed Company Manual To Adopt Initial and Continued Listing Standards for Subscription ReceiptsPDF
82 FR 48311 - Petition for Exemption; Summary of Petition ReceivedPDF
82 FR 48316 - Proposed Extension of Information Collection Request Submitted for Public Comment; Methods To Determine Taxable Income in Connection With a Cost Sharing ArrangementPDF
82 FR 48317 - Proposed Collection; Comment Request for Regulation ProjectPDF
82 FR 48314 - Proposed Information Collection; Comment RequestPDF
82 FR 48316 - Open Meeting of the Taxpayer Advocacy Panel Joint Committee.PDF
82 FR 48319 - Proposed Collection; Comment Request for Form 8582PDF
82 FR 48216 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Notice That Vendor Will Provide 2018 Cage TagsPDF
82 FR 48236 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingsPDF
82 FR 48236 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of MeetingPDF
82 FR 48235 - Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of MeetingPDF
82 FR 48306 - Svoboda Capital Fund IV SBIC, L.P.; License No. 05/05-0327; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of InterestPDF
82 FR 48306 - Administrative Declaration of a Disaster for the State of South CarolinaPDF
82 FR 48253 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
82 FR 48205 - Freedom of Information Act ProceduresPDF
82 FR 48301 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Postpone Implementation of a New Attribute for Designated Retail OrdersPDF
82 FR 48287 - Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Eliminate a Surcharge for Eligibility Requests Submitted to DTC Two Days Prior to Closing DatePDF
82 FR 48300 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Amend Interpretation and Policy .07 of Exchange Rule 4.11, Position Limits, To Increase the Position Limits for Options on Certain ETFsPDF
82 FR 48302 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Adopt a Strategy QOO Order Fee CapPDF
82 FR 48304 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Update Certain Fees Assessed Under Section VI.A (Connectivity Fees)PDF
82 FR 48289 - Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; Order Granting Approval of Proposed Rule Changes, as Modified by Amendments No. 1, To Harmonize the Corporate Governance Framework of Each Exchange With That of Chicago Board Options Exchange, Incorporated and C2 Options Exchange, IncorporatedPDF
82 FR 48289 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To List and Trade the Shares of the U.S. Equity Cumulative Dividends Fund-Series 2027 and the U.S. Equity Ex-Dividend Fund-Series 2027 Under NYSE Arca Equities Rule 8.200, Commentary .02PDF
82 FR 48320 - Agency Information Collection Activity Under OMB Review: Accelerated Payment Verification of CompletionPDF
82 FR 48319 - Agency Information Collection Activity Under OMB Review: Statement of Dependency of Parent(s)PDF
82 FR 48251 - Cancellation of September 14, 2017, Meeting of the Gettysburg National Military Park Advisory CommissionPDF
82 FR 48244 - Cancellation of September 21, 2017, Meeting of the Cedar Creek and Belle Grove National Historical Park Advisory CommissionPDF
82 FR 48233 - Submission for OMB Review; Comment RequestPDF
82 FR 48320 - VA New Hampshire Vision 2025 Task Force; Notice of MeetingPDF
82 FR 48286 - Competitive Price AdjustmentPDF
82 FR 48278 - Entergy Nuclear Operations, Inc.; Palisades Nuclear PlantPDF
82 FR 48285 - Market Dominant Price AdjustmentPDF
82 FR 48202 - Notification of Partial Delegation of Authority; Vermont; New Source Performance Standards for New Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-Air FurnacesPDF
82 FR 48227 - Environmental Impact Statements; Notice of AvailabilityPDF
82 FR 48312 - Automated Driving Systems: Voluntary Safety Self-Assessments; Public WorkshopPDF
82 FR 48324 - Promulgation of Air Quality Implementation Plans; State of Texas; Regional Haze and Interstate Visibility Transport Federal Implementation PlanPDF

Issue

82 199 Tuesday, October 17, 2017 Contents Agricultural Research Agricultural Research Service NOTICES Intents To Grant Exclusive Licenses; Approvals: California Table Grape Commission of Fresno, CA, 48212 2017-22490 Agriculture Agriculture Department See

Agricultural Research Service

See

National Agricultural Statistics Service

AIRFORCE Air Force Department NOTICES Exclusive Patent Licenses, 48217 2017-22476 Antitrust Division Antitrust Division NOTICES Changes Under National Cooperative Research and Production Act: Advanced Media Workflow Association, Inc., 48255 2017-22440 Border Security Technology Consortium, 48267-48268 2017-22442 PXI Systems Alliance, Inc., 48255 2017-22439 Proposed Final Judgments and Competitive Impact Statements: United States v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding, LLC, 48255-48267 2017-22443 Centers Disease Centers for Disease Control and Prevention NOTICES Requests for Nominations: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 48232-48233 2017-22436 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48234-48235 2017-22422 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Temporary Assistance for Needy Families Quarterly Financial Report, 48233-48234 2017-22377 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department See

Air Force Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 48231-48232 2017-22450
Education Department Education Department RULES Federal Student Aid Programs: Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and Federal Direct Loan Program, 48195-48202 2017-22489 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Implementation of Title I/II-A Program Initiatives, 48217-48218 2017-22445 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Texas; Regional Haze and Interstate Visibility Transport Federal Implementation Plan, 48324-48380 2017-21947 Partial Delegations of Authority: Vermont; New Source Performance Standards for New Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-Air Furnaces, 48202-48203 2017-22364 NOTICES Environmental Impact Statements; Availability, etc.:, 48227 2017-22165 Meetings: Children's Health Protection Advisory Committee, 48227 2017-22498 Science Advisory Board Risk and Technology Review Methods Review Panel; Teleconference, 48227-48228 2017-22496 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48228-48229 2017-22451 Federal Aviation Federal Aviation Administration RULES Special Conditions: ALOFT AeroArchitects, Boeing Model 737-800 Airplanes; Aircraft Electronic System Security Protection from Unauthorized External Access, 48193-48194 2017-22415 NOTICES Petitions for Exemptions; Summaries, 48311-48312 2017-22407 Federal Communications Federal Communications Commission RULES Structure and Practices of the Video Relay Services Program, 48203-48204 2017-22468 NOTICES Filing Instructions: 4G LTE Coverage Data To Determine Areas Presumptively Eligible for Mobility Fund Phase II Support, 48229 2017-22453 Meetings: Broadband Deployment Advisory Committee, 48229-48230 2017-22469 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings: Advisory Committee on Community Banking, 48230 2017-22421 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48226-48227 2017-22472 Applications: Holyoke Gas and Electric Department, 48218-48219 2017-22414 Combined Filings, 48219-48221 2017-22416 2017-22460 Complaints: American Electric Power Service Corp. v. Midcontinent Independent System Operator, Inc., 48221-48222 2017-22462 Xcel Energy Services Inc. v. Southwest Power Pool, Inc., 48219-48220 2017-22470 Effectiveness of Exempt Wholesale Generator Status: SunE Beacon Site 2, LLC, Great Bay Solar I, LLC, Lackawanna Energy Center, LLC, et al., 48222 2017-22461 Hydroelectric Applications: Nevada Hydro Co., Inc., 48223-48224 2017-22473 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: NTE Ohio, LLC, 48225-48226 2017-22463 Voyager Wind II, LLC, 48222 2017-22464 Meetings; Sunshine Act, 48224-48225 2017-22545 Petitions for Declaratory Orders: Bloom Energy Corp., 48220 2017-22471 Requests for Waivers: FirstEnergy Service Co., 48222-48223 2017-22413 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 48230 2017-22591 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 48312 2017-22580 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 48231 2017-22485 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 48231 2017-22484 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 48231-48232 2017-22450 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Children and Families Administration

See

National Institutes of Health

Homeland Homeland Security Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: EngageDHS, 48236-48237 2017-22509 Housing Housing and Urban Development Department NOTICES Privacy Act; Systems of Records, 48237-48240 2017-22474 Indian Affairs Indian Affairs Bureau NOTICES Tribal Consultations: Bureau of Indian Education Strategic Plan, 48241 2017-22446 Interior Interior Department See

Indian Affairs Bureau

See

National Indian Gaming Commission

See

National Park Service

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48314-48319 2017-22402 2017-22404 2017-22405 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Determination of Employee Stock Ownership Plan, 48317 2017-22437 Methods To Determine Taxable Income in Connection with Cost Sharing Arrangement, 48316-48317 2017-22406 Mortgage Credit Certificates, 48318 2017-22438 Meetings: Taxpayer Advocacy Panel Joint Committee, 48316 2017-22403 International Boundary International Boundary and Water Commission, United States and Mexico NOTICES Environmental Assessments; Availability, etc.: Channel Maintenance Alternatives at Thurman I and II Arroyos in Hatch, NM, Rio Grande Canalization Project, 48253 2017-22475 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Polyethylene Terephthalate Resin From India, 48213 2017-22458 Certain Steel Nails From Socialist Republic of Vietnam, 48213-48215 2017-22457 International Trade Com International Trade Commission NOTICES Complaints: Certain Network Personal Computers and Mobile Devices, 48253-48254 2017-22395 Joint Joint Board for Enrollment of Actuaries NOTICES Meetings: Advisory Committee on Actuarial Examinations, 48254-48255 2017-22479 Judicial Conference Judicial Conference of the United States NOTICES Public Hearings: Advisory Committee on Federal Rules of Appellate Procedure; Cancellation, 48255 2017-22480 Justice Department Justice Department See

Antitrust Division

NOTICES Senior Executive Service Standing Performance Review Boards; Membership, 48268-48277 2017-22444
NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Affidavit of Individual Surety, 48231-48232 2017-22450 National Agricultural National Agricultural Statistics Service NOTICES Meetings: Advisory Committee on Agriculture Statistics, 48212 2017-22491 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: National Council on the Arts, 48277-48278 2017-22452 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

National Highway National Highway Traffic Safety Administration NOTICES Meetings: Automated Driving Systems: Voluntary Safety Self-Assessments; Public Workshop, 48312-48314 2017-22058 National Indian National Indian Gaming Commission PROPOSED RULES Freedom of Information Act Procedures, 48205-48211 2017-22393 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 48235-48236 2017-22398 2017-22399 National Institute of Neurological Disorders and Stroke, 48236 2017-22400 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Sablefish in Central Regulatory Area of Gulf of Alaska, 48204 2017-22454 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 48215-48216 2017-22482 2017-22483 Fisheries of the Northeastern United States: Atlantic Surfclam and Ocean Quahog Fisheries; Notice That Vendor Will Provide 2018 Cage Tags, 48216 2017-22401 Meetings: Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops; Correction, 48216-48217 2017-22441 National Park National Park Service NOTICES Inventory Completions: U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MD, 48242-48243, 48249-48250 2017-22434 2017-22435 Wisconsin Historical Society, Madison, WI, 48241-48253 2017-22425 2017-22426 2017-22427 2017-22428 2017-22429 2017-22430 2017-22431 2017-22432 2017-22433 Meetings: Cedar Creek and Belle Grove National Historical Park Advisory Commission; Cancellation, 48244 2017-22378 Gettysburg National Military Park Advisory Commission; Cancellation, 48251 2017-22379 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Material Control and Accounting of Special Nuclear Material, 48281-48282 2017-22486 Nondiscrimination in Federally Assisted Commission Programs, 48282-48283 2017-22448 Exemptions: Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant, 48278-48280 2017-22372 Low-Level Radioactive Waste Disposal, 48283-48285 2017-22459 Meetings; Sunshine Act, 48280-48281 2017-22555 Postal Regulatory Postal Regulatory Commission NOTICES Competitive Price Adjustment, 48286-48287 2017-22373 Market Dominant Price Adjustment, 48285-48286 2017-22370 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: National Energy Awareness Month (Proc. 9659), 48381-48384 2017-22676 EXECUTIVE ORDERS Healthcare; Choice and Competition, 48385-48387 2017-22677 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Bats BYX Exchange, Inc., 48289-48296 2017-22387 BOX Options Exchange, LLC, 48302-48306 2017-22388 2017-22389 Chicago Board Options Exchange, Inc., 48300 2017-22390 Depository Trust Co., 48287-48289 2017-22391 NASDAQ Stock Market, LLC, 48301-48302 2017-22392 New York Stock Exchange, LLC, 48296-48300 2017-22408 NYSE Arca, Inc., 48289 2017-22386 Small Business Small Business Administration NOTICES Conflicts of Interest; Exemptions: Svoboda Capital Fund IV SBIC, LP, 48306 2017-22397 Disaster Declarations: South Carolina, 48306 2017-22396 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Individual, Corporate or Foundation, and Government Donor Letter Applications, 48307-48308 2017-22418 Culturally Significant Objects Imported for Exhibition: Caravaggio: Masterpieces From the Galleria Borghese, 48309-48310 2017-22410 Laura Owens, 48308-48309 2017-22456 Murillo: The Self-Portraits, 48308 2017-22492 Painted in Mexico, 1700-1790: Pinxit Mexici, 48307 2017-22455 The Arch of Titus—from Jerusalem to Rome, and Back, 48306-48307 2017-22409 Environmental Assessments; Availability, etc.: Borrego Pipeline Presidential Permit Application Review, Webb County, TX, 48309 2017-22411 Meetings: Advisory Committee on International Postal and Delivery Services, 48307 2017-22488 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Buckeye Hammond Railroad, LLC, Lake County, IN, 48310-48311 2017-22477 Petitions for Exemptions: Buckeye East Chicago Railroad LLC, Lake County, IN; Landisville Railroad, LLC, Lake County, IN, 48310 2017-22465 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accelerated Payment Verification of Completion, 48320 2017-22384 Statement of Dependency of Parent(s), 48319-48320 2017-22383 Meetings: Veterans Affairs New Hampshire Vision 2025 Task Force, 48320 2017-22375 Veterans' Rural Health Advisory Committee, 48320-48321 2017-22449 Separate Parts In This Issue Part II Environmental Protection Agency, 48324-48380 2017-21947 Part III Presidential Documents, 48381-48387 2017-22676 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.

82 199 Tuesday, October 17, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 25 [Docket No. FAA-2017-0580; Special Conditions No. 25-701-SC] Special Conditions: ALOFT AeroArchitects, Boeing Model 737-800 Airplanes; Aircraft Electronic System Security Protection From Unauthorized External Access AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final special conditions; request for comments.

SUMMARY:

These special conditions are issued for the Boeing Model 737-800 airplane. These airplanes, as modified by ALOFT AeroArchitects (ALOFT), will have a novel or unusual design feature when compared to the state of technology envisioned in the airworthiness standards for transport-category airplanes. This design feature is a Wireless Access Point (WAP), and connection of an improved Wireless Quick Access Recorder (WQAR) to the satellite communications (SATCOM) system, to provide in-flight access to information, in the WQAR, to ground personnel. The applicable airworthiness regulations do not contain adequate or appropriate safety standards for this design feature. These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

DATES:

This action is effective on ALOFT on October 17, 2017. Send your comments by December 1, 2017.

ADDRESSES:

Send comments identified by docket number FAA-2017-0580 using any of the following methods:

Federal eRegulations Portal: Go to http://www.regulations.gov/ and follow the online instructions for sending your comments electronically.

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

Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

Fax: Fax comments to Docket Operations at 202-493-2251.

Privacy: The FAA will post all comments it receives, without change, to http://www.regulations.gov/, including any personal information the commenter provides. Using the search function of the docket Web site, anyone can find and read the electronic form of all comments received into any FAA docket, including the name of the individual sending the comment (or signing the comment for an association, business, labor union, etc.). DOT's complete Privacy Act Statement can be found in the Federal Register published on April 11, 2000 (65 FR 19477-19478).

Docket: Background documents or comments received may be read at http://www.regulations.gov/ at any time. Follow the online instructions for accessing the docket or go to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Varun Khanna, FAA, Airplane and Flightcrew Interface Section, AIR-671, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service, 1601 Lind Avenue SW., Renton, Washington 98057-3356; telephone 425-227-1298; facsimile 425-227-1320.

SUPPLEMENTARY INFORMATION:

The substance of these special conditions has been subject to the notice and comment period in several prior instances and has been derived without substantive change from those previously issued. It is unlikely that prior public comment would result in a significant change from the substance contained herein. Therefore, because a delay would significantly affect the certification of the airplane, the FAA has determined that prior public notice and comment are unnecessary and impracticable.

In addition, for the reasons stated above, the FAA finds it unnecessary to delay the effective date and finds that good cause exists for making these special conditions effective upon publication in the Federal Register.

Comments Invited

We invite interested people to take part in this rulemaking by sending written comments, data, or views. The most helpful comments reference a specific portion of the special conditions, explain the reason for any recommended change, and include supporting data.

We will consider all comments we receive by the closing date for comments. We may change these special conditions based on the comments we receive.

Background

On December 8, 2016, ALOFT applied for a supplemental type certificate for installing a Wireless Access Point (WAP), and connection of an improved Wireless Quick Access Recorder (WQAR) to the satellite communications (SATCOM) system, in a Boeing Model 737-800 airplane. The Boeing Model 737-800 airplane is a twin jet engine, short-to-medium-range passenger airplane with a maximum takeoff weight of 174,200 pounds and seating for 189 passengers.

Type Certification Basis

Under the provisions of Title 14, Code of Federal Regulations (14 CFR) 21.101, ALOFT must show that the Boeing Model 737-800, as changed, continues to meet the applicable provisions of the regulations listed in Type Certificate No. A16WE or the applicable regulations in effect on the date of application for the change, except for earlier amendments as agreed upon by the FAA.

If the Administrator finds that the applicable airworthiness regulations (i.e., 14 CFR part 25) do not contain adequate or appropriate safety standards for the Boeing Model 737-800 airplane because of a novel or unusual design feature, special conditions are prescribed under the provisions of § 21.16.

Special conditions are initially applicable to the model for which they are issued. Should the applicant apply for a supplemental type certificate to modify any other model included on the same type certificate, to incorporate the same novel or unusual design feature, these special conditions would also apply to the other model under § 21.101.

In addition to the applicable airworthiness regulations and special conditions, the Boeing Model 737-800 airplane must comply with the fuel-vent and exhaust-emission requirements of 14 CFR part 34, and the noise-certification requirements of 14 CFR part 36.

The FAA issues special conditions, as defined in 14 CFR 11.19, in accordance with § 11.38, and they become part of the type certification basis under § 21.101.

Novel or Unusual Design Features

The Boeing Model 737-800 airplane will incorporate the following novel or unusual design features:

A Wireless Access Point (WAP), and connection of an improved Wireless Quick Access Recorder (WQAR) to the satellite communications (SATCOM) system, to provide in-flight access to information, in the WQAR, to ground personnel.

Discussion

The applicant supplemental type certificate (STC) for the Boeing Model 737-800 airplane design adds wired and wireless access points to the aircraft-control domain and airline-information-services domain networks, which do not exist on current airplanes. The aircraft-control domain consists of the airplane electronic systems, equipment, instruments, networks, servers, software and hardware components, databases, etc., which are part of the type design of the airplane and are installed in the airplane to enable the safe operation of the airplane. These can also be referred to as flight-safety-related systems, and include flight controls, communication, display, monitoring, navigation, and other systems.

The airline-information services domain generally consists of functions that are managed or controlled by the operator, such as administrative functions and cabin-support functions.

This design creates a potential for unauthorized access to aircraft-control and airline-information-services domains, as well as security vulnerabilities related to the introduction of viruses, worms, user mistakes, and intentional sabotage of airplane electronic assets such as networks, systems, and databases.

Historically, the operating systems for current airplanes are proprietary. Therefore, they are not as susceptible to corruption from worms, viruses and other malicious actions as are more widely used commercial operating systems, such as Microsoft Windows, because access to the design details of the proprietary operating system is limited to the system developer and airplane integrator. Some systems installed on the Boeing Model 737-800 airplane, as modified by ALOFT, will use operating systems that are widely used and commercially available from third-party software suppliers. The security vulnerabilities of these operating systems may be more widely known than are the vulnerabilities of proprietary operating systems currently used by avionics manufacturers. The increased networking of systems based on these popular operating systems increases the opportunity for attack by a larger community, especially those using scripted attacks.

While the FAA has developed policy and guidance on the use and protection of certain databases and software, these documents did not anticipate the potential for access to the airplane systems, networks, and software components by external systems, and the resulting potential security vulnerabilities from access by unauthorized users or from the potential corruption of airplane system software resources (applications, databases, configuration files, etc.) by worms, viruses or other malicious entities.

The major differences between the applicant's STC for the Boeing Model 737-800 airplane implementation and typical implementations include:

1. The electronic transmission of updates to airplane servers of databases and software applications using ground data networks rather than physically controlled media.

2. The connection of external data networks or devices to airplane data networks of the Aircraft Control Domain and the Airline Information Services Domain, which may use wired or wireless connections.

3. The connection of wireless devices operated by the flight crew or operator maintenance personnel to the airplane data networks of the Aircraft Control Domain, and connections between the Airline Information Services Domain (including unprotected electronic flight bags and maintenance computers) and the Aircraft Control Domain.

These special conditions contain the additional safety standards that the Administrator considers necessary to establish a level of safety equivalent to that established by the existing airworthiness standards.

Applicability

As discussed above, these special conditions are applicable to the Boeing Model 737-800 airplane. Should ALOFT apply at a later date for a supplemental type certificate to modify any other model included on Type Certificate No. A16WE to incorporate the same novel or unusual design feature, these special conditions would apply to that model as well.

Conclusion

This action affects only certain novel or unusual design features on one model series of airplanes. It is not a rule of general applicability and affects only the applicant who applied to the FAA for approval of these features on the airplane.

List of Subjects in 14 CFR Part 25

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

The authority citation for these special conditions is as follows:

Authority:

49 U.S.C. 106(g), 40113, 44701, 44702, 44704.

The Special Conditions

Accordingly, pursuant to the authority delegated to me by the Administrator, the following special conditions are issued as part of the type certification basis for Boeing Model 737-800 airplanes modified by ALOFT.

1. The applicant must ensure airplane electronic system security protection from access by unauthorized sources external to the airplane, including those possibly caused by maintenance activity.

2. The applicant must ensure that electronic system security threats are identified and assessed, and that effective electronic system security protection strategies are implemented to protect the airplane from all adverse impacts on safety, functionality, and continued airworthiness.

3. The applicant must establish appropriate procedures to allow the operator to ensure that continued airworthiness of the aircraft is maintained, including all post type-certification modifications that may have an impact on the approved electronic system security safeguards.

Issued in Renton, Washington, on September 28, 2017. Suzanne Masterson, Acting Manager, Transport Standards Branch, Policy and Innovation Division, Aircraft Certification Service.
[FR Doc. 2017-22415 Filed 10-16-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF EDUCATION 34 CFR Parts 668, 674, 682, and 685 Federal Student Aid Programs (Student Assistance General Provisions, Federal Perkins Loan Program, Federal Family Education Loan Program, and the Federal Direct Loan Program) AGENCY:

Office of Postsecondary Education, Department of Education.

ACTION:

Updated waivers and modifications of statutory and regulatory requirements; republication.

SUMMARY:

On September 29, 2017, the Secretary published a document in the Federal Register announcing the updated waivers and modifications of statutory and regulatory requirements governing the Federal student financial aid programs under the authority of the Higher Education Relief Opportunities for Students Act of 2003 (HEROES Act). We are republishing this document to include the definitions of certain terms used in this document. We have made no changes to the waivers and modifications.

DATES:

The waivers and modifications began on September 29, 2017. The waivers and modifications in this document expire on September 30, 2022.

FOR FURTHER INFORMATION CONTACT:

For provisions related to the title IV loan programs (Federal Perkins Loan Program, Federal Family Education Loan (FFEL) Program, and Federal Direct Loan (Direct Loan) Program): Barbara Hoblitzell, U.S. Department of Education, 400 Maryland Ave. SW., Room 6W253, Washington, DC 20202. Telephone: (202) 453-7583 or by email: [email protected] or Brian Smith, U.S. Department of Education, 400 Maryland Ave. SW., Room 7E222, Washington, DC 20202. Telephone: (202) 453-7440 or by email: [email protected] For other provisions: Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 or by email: [email protected]

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

Individuals with disabilities can obtain this document in an accessible format (e.g., Braille, large print, audiotape, or compact disc) by contacting Wendy Macias, U.S. Department of Education, 400 Maryland Ave. SW., Room 6C111, Washington, DC 20202. Telephone: (202) 203-9155 or by email: [email protected]

SUPPLEMENTARY INFORMATION:

On September 29, 2017 (82 FR 45465), the Secretary published a document in the Federal Register announcing the updated waivers and modifications. We are republishing this document to include the definitions of certain terms used in this document. We have made no changes to the waivers and modifications.

In a document published in the Federal Register on December 12, 2003 (68 FR 69312), the Secretary exercised the authority under the HEROES Act (Pub. L. 108-76, 20 U.S.C. 1098bb(b)) and announced waivers and modifications of statutory and regulatory provisions designed to assist “affected individuals.” Under 20 U.S.C. 1098ee(2), the term “affected individual” means an individual who:

• Is serving on active duty during a war or other military operation or national emergency;

• Is performing qualifying National Guard duty during a war or other military operation or national emergency;

• Resides or is employed in an area that is declared a disaster area by any Federal, State, or local official in connection with a national emergency; or

• Suffered direct economic hardship as a direct result of a war or other military operation or national emergency, as determined by the Secretary.

Please note that these waivers and modifications do not apply to an individual who resides or is employed in an area declared a disaster area by any Federal, State, or local official unless that declaration has been made in connection with a national emergency.

Under the HEROES Act, the Secretary's authority to provide the waivers and modifications would have expired on September 30, 2005. However, Public Law 109-78, enacted on September 30, 2005, extended the expiration date of the Secretary's authority to September 30, 2007. Accordingly, in a document in the Federal Register published on October 20, 2005 (70 FR 61037), the Secretary extended the expiration of the waivers and modifications published on December 12, 2003, to September 30, 2007.

Public Law 110-93, enacted on September 30, 2007, eliminated the September 30, 2007, expiration date of the HEROES Act, thereby making permanent the Secretary's authority to issue waivers and modifications of statutory and regulatory provisions.

On December 26, 2007, the Secretary published a document in the Federal Register (72 FR 72947) extending the waivers and modifications published on December 12, 2003, to September 30, 2012. In that document, the Secretary also indicated an intent to review the waivers and modifications published on December 12, 2003, in light of statutory and regulatory changes and to consider whether to change some or all of the published waivers and modifications.

In a document in the Federal Register published on September 27, 2012 (77 FR 59311), the Secretary published updated waivers and modifications to reflect the results of the review. Under that document, the updated waivers and modifications expire on September 30, 2017.

The Secretary is updating the waivers and modifications to reflect statutory and regulatory changes that have occurred since the September 27, 2012, document was published. The waivers and modifications in this document will expire on September 30, 2022. With a few limited exceptions, the waivers and modifications in this document are the same waivers and modifications published in the September 27, 2012, Federal Register document. However, the 2012 waivers and modifications have been updated in the following areas:

(1) The Secretary updated the need analysis modification to reflect the change in which tax year's information is collected on the Free Application for Federal Student Aid (FAFSA) and used to calculate the applicant's expected family contribution (EFC). Previously when completing a FAFSA, a student provided income information from the most recently completed tax year prior to the beginning of the financial aid application cycle (e.g., 2015 income information for the 2016-2017 FAFSA). Beginning with the 2017-2018 FAFSA, income information is collected from one tax year earlier—referred to as the “prior-prior year.” This change was made under the authority of section 480(a)(1)(B) of the Higher Education Act of 1965, as amended (HEA). This modification was also updated to make it consistent with the modification to professional judgment included in this document, which provides three options that a financial aid administrator (FAA) may use to make adjustments to the values of the items used to calculate the EFC to reflect a student's special circumstances.

(2) For the professional judgment modification, the Secretary clarified that in addition to using income information from the first or second calendar year of the award year, an institution may use another annual income that more accurately reflects the family's current financial circumstances.

(3) The Secretary updated the modifications related to verification of adjusted gross income (AGI) and U.S. income tax paid so that affected individuals under this category are no longer required to provide a signature on the statement certifying that he or she has not filed an income tax return or a request for a filing extension because he or she was called up for active duty or for qualifying National Guard duty during a war or other military operation or national emergency; or certifying the amount of AGI and U.S. income tax paid for the specified year.

(4) The Secretary extended the waiver assisting affected individuals with regard to the annual reevaluation requirements for FFEL and Direct Loan borrowers who are repaying loans under the Income-Based Repayment (IBR) plan, and Direct Loan borrowers who are repaying loans under the Income-Contingent Repayment (ICR) plan to include borrowers who are repaying Direct Loans under the Pay As You Earn (PAYE) or Revised Pay As You Earn (REPAYE) repayment plans.

(5) For the fourth category of affected individuals to which waivers and modifications apply, as described later in this document, the Secretary removed the reference to spouses of affected individuals who are serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency, since the waivers under this category only pertain to the dependent student of such affected individuals.

(6) The Secretary updated the waiver related to verification signature requirements to waive the requirement for a parental signature on any verification documentation required for title IV eligibility for a dependent student because of the parent's status as an affected individual.

(7) The Secretary made a technical change to the waiver related to the section on required signatures on the FAFSA, the Student Aid Report (SAR), and the Institutional Student Information Record (ISIR), replacing the reference to “ISIR” with “or submitting corrections electronically”. The Secretary also changed the reference to “responsible parent” to “relevant parent” to mean the parent whose information is reported on the FAFSA.

The Secretary is issuing these waivers and modifications under the authority of the HEROES Act, 20 U.S.C. 1098bb(a). In accordance with the HEROES Act, the Secretary is providing the waivers and modifications of statutory and regulatory requirements applicable to the student financial assistance programs under title IV of the HEA that the Secretary believes are appropriate to ensure that:

• Affected individuals who are recipients of student financial assistance under title IV are not placed in a worse position financially in relation to that financial assistance because they are affected individuals;

• Affected individuals who are recipients of student financial assistance are not unduly subject to administrative burden or inadvertent, technical violations or defaults;

• Affected individuals are not penalized when a determination of need for student financial assistance is calculated;

• Affected individuals are not required to return or repay an overpayment of grant funds based on the HEA's Return of Title IV Funds provision; and

• Entities that participate in the student financial assistance programs under title IV of the HEA and that are located in areas that are declared disaster areas by any Federal, State, or local official in connection with a national emergency, or whose operations are significantly affected by such a disaster, receive temporary relief from administrative requirements.

In 20 U.S.C. 1098bb(b)(1), the HEROES Act further provides that section 437 of the General Education Provisions Act (20 U.S.C. 1232) and section 553 of the Administrative Procedure Act (5 U.S.C. 553) do not apply to the contents of this document.

In 20 U.S.C. 1098ee, the HEROES Act provides definitions critical to determining whether a student is an “affected individual” under the act and, if so, to which waivers and modifications the affected individual is entitled. Because these definitions are located outside of the statutes and regulations administered by the Department and with which financial aid administrators are most familiar, whether a student qualifies as an “affected individual” is a frequent source of confusion. To help ensure that the terms are not misinterpreted and that affected individuals receive the waivers and modifications to which they are entitled under the HEROES Act, we provide these definitions below.

Active duty has the meaning given that term in 10 U.S.C. 101(d)(1), but does not include active duty for training or attendance at a service school (e.g., the U.S. Military Academy or U.S. Naval Academy).

Military operation means a contingency operation as that term is defined in 10 U.S.C. 101(a)(13).

National emergency means a national emergency declared by the President of the United States.

Qualifying National Guard duty during a war or other military operation or national emergency means service as a member of the National Guard on full-time National Guard duty (as defined in 10 U.S.C. 101(d)(5)) under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 U.S.C. 502(f), in connection with a war, another military operation, or a national emergency declared by the President and supported by Federal funds.

Serving on active duty during a war or other military operation or national emergency includes service by an individual who is—

(A) A Reserve member of an Armed Force ordered to active duty under 10 U.S.C. 12301(a), 12301(g), 12302, 12304, or 12306, or any retired member of an Armed Force ordered to active duty under 10 U.S.C. 688, for service in connection with a war or other military operation or national emergency, regardless of the location at which that active duty service is performed; and

(B) Any other member of an Armed Force on active duty in connection with any war, operation, or emergency or subsequent actions or conditions who has been assigned to a duty station at a location other than the location at which the member is normally assigned.

The following waivers and modifications are grouped into four categories, according to the affected individuals to whom they apply.

Category 1: The Secretary is waiving or modifying the following requirements of title IV of the HEA and the Department of Education's (Department's) regulations for ALL affected individuals.

Need Analysis

Section 480 of the HEA provides that, in the calculation of an applicant's EFC, the term “total income,” which is used in the determination of “annual adjusted family income” and “available income,” is equal to the applicant's, the applicant's spouse's, or the applicant's parent's AGI plus untaxed income and benefits for the second preceding tax year minus excludable income. The HEROES Act allows an institution to substitute AGI plus untaxed income and benefits received in the first calendar year of the award year for which such determination is made for any affected individual, and for his or her spouse and dependents, if applicable, in order to reflect more accurately the financial condition of an affected individual and his or her family. The Secretary has determined that an institution has the option of using the applicant's original EFC (the EFC based on the income and tax information reported on the FAFSA), the EFC based on the data from the first calendar year of the award year, or the EFC based on another annual income that more accurately reflects the family's current financial circumstances.

If an institution chooses to use anything other than the original EFC, it should use the administrative professional judgment options discussed in the following section.

Professional Judgment

Section 479A of the HEA specifically gives the FAA at an institution the authority to use professional judgment to make, on a case-by-case basis, adjustments to the cost of attendance or to the values of the items used in calculating the EFC to reflect a student's special circumstances. The Secretary is modifying this provision by removing the requirement that adjustments be made on a case-by-case basis for affected individuals. The use of professional judgment in Federal need analysis is discussed in the Federal Student Aid Handbook available at www.ifap.ed.gov.

The Secretary encourages FAAs to use professional judgment to reflect more accurately the financial need of affected individuals. To that end, the Secretary encourages institutions to determine an affected individual's need using one of the options listed below:

• Using the AGI plus untaxed income and benefits received in the first calendar year of the award year;

• Using another annual income that more accurately reflects the family's current financial circumstances; or

• Making no modifications.

The FAA must clearly document the reasons for any adjustment and the facts supporting the decision. In almost all cases, the FAA should have documentation from a third party with knowledge of the student's special circumstances. As usual, any professional judgment decisions made by an FAA that affect a student's eligibility for a subsidized student financial assistance program must be reported to the Central Processing System.

Return of Title IV Funds—Grant Overpayments Owed by the Student

Section 484B(b)(2) of the HEA and 34 CFR 668.22(h)(3)(ii) require a student to return or repay, as appropriate, unearned grant funds for which the student is responsible under the Return of Title IV Funds calculation. For a student who withdraws from an institution because of his or her status as an affected individual, the Secretary is waiving these statutory and regulatory requirements so that a student is not required to return or repay any overpayment of grant funds based on the Return of Title IV Funds provisions.

For these students, the Secretary also waives 34 CFR 668.22(h)(4), which:

• Requires an institution to notify a student of a grant overpayment and the actions the student must take to resolve the overpayment;

• Denies eligibility to a student who owes a grant overpayment and does not take an action to resolve the overpayment; and

• Requires an institution to refer a grant overpayment to the Secretary under certain conditions.

Therefore, an institution is not required to contact the student, notify the National Student Loan Data System, or refer the overpayment to the Secretary. However, the institution must document in the student's file the amount of any overpayment as part of the documentation of the application of this waiver.

The student is not required to return or repay an overpayment of grant funds based on the Return of Title IV Funds provision. Therefore, an institution must not apply any title IV credit balance to the grant overpayment prior to: Using a credit balance to pay authorized charges; paying any amount of the title IV credit balance to the student or parent, in the case of a parent PLUS loan; or using the credit balance to reduce the student's title IV loan debt (with the student's authorization) as provided in Dear Colleague Letter GEN-04-03 (February 2004; revised November 2004).

Verification of AGI and U.S. Income Tax Paid

Pursuant to 34 CFR 668.57(a)(3)(ii), for an individual who is required to file a U.S. income tax return and has been granted a filing extension by the Internal Revenue Service (IRS), an institution must accept, in lieu of an income tax return for verification of AGI or U.S. income tax paid:

• A copy of IRS Form 4868, “Application for Automatic Extension of Time to File U.S. Individual Income Tax Return,” that the individual filed with the IRS for the specified year, or a copy of the IRS's approval of an extension beyond the automatic six-month extension if the individual requested an additional extension of the filing time; and

• A copy of each IRS Form W-2 that the individual received for the specified year or, for a self-employed individual, a statement signed by the individual certifying the amount of AGI and U.S. income tax paid for the specified year.

The Secretary is modifying the requirement of this provision so that the submission of a copy of IRS Form 4868 or a copy of the IRS's approval of an extension beyond the six-month extension is not required if an affected individual has not filed an income tax return by the filing deadline.

For these individuals, an institution must accept, in lieu of an income tax return for verification of AGI and U.S. income tax paid:

• A statement from the individual certifying that he or she has not filed an income tax return or a request for a filing extension because he or she was called up for active duty or for qualifying National Guard duty during a war or other military operation or national emergency; and

• A copy of each W-2 received for the specified year or, for a self-employed individual, a statement by the individual certifying the amount of AGI and U.S. income tax paid for the specified year.

An institution may request that an individual granted a filing extension submit tax information using the IRS Data Retrieval Tool, or by obtaining a tax return transcript from the IRS that lists tax account information for the specified year after the income tax return is filed. If an institution receives the tax information, it must verify the income information of the tax filer(s).

Category 2: The Secretary is waiving or modifying requirements in the following provisions of title IV of the HEA and the Department's regulations for affected individuals who are serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency, or who reside or are employed in a disaster area.

Return of Title IV Funds—Post-Withdrawal Disbursements of Loan Funds

Under 34 CFR 668.22(a)(6)(iii)(A)(5) and (D), a student (or parent for a parent PLUS loan) must be provided a post-withdrawal disbursement of a title IV loan if the student (or parent) responds to an institution's notification of the post-withdrawal disbursement within 14 days of the date that the institution sent the notice, or a later deadline set by the institution. If a student or parent submits a late response, an institution may, but is not required to, make the post-withdrawal disbursement.

The Secretary is modifying this requirement so that, for a student who withdraws because of his or her status as an affected individual in this category and who is eligible for a post-withdrawal disbursement, the 14-day time period in which the student (or parent) must normally respond to the offer of the post-withdrawal disbursement is extended to 45 days, or to a later deadline set by the institution. If the student or parent submits a response after the designated period, the institution may, but is not required to, make the post-withdrawal disbursement. As required under the current regulations, if the student or parent submits the timely response instructing the institution to make all or a portion of the post-withdrawal disbursement, or the institution chooses to make a post-withdrawal disbursement based on receipt of a late response, the institution must disburse the funds within 180 days of the date of the institution's determination that the student withdrew.

Leaves of Absence

Under 34 CFR 668.22(d)(3)(iii)(B), a student is required to provide a written, signed, and dated request, which includes the reason for that request, for an approved leave of absence prior to the leave of absence. However, if unforeseen circumstances prevent a student from providing a prior written request, the institution may grant the student's request for a leave of absence if the institution documents its decision and collects the written request at a later date. It may be appropriate in certain limited cases for an institution to provide an approved leave of absence to a student who must interrupt his or her enrollment because he or she is an affected individual in this category. Therefore, the Secretary is waiving the requirement that the student provide a written request for affected individuals who have difficulty providing a written request as a result of being an affected individual in this category. The institution's documentation of its decision to grant the leave of absence must include, in addition to the reason for the leave of absence, the reason for waiving the requirement that the leave of absence be requested in writing.

Treatment of Title IV Credit Balances When a Student Withdraws

Under 34 CFR 668.164(h)(2), an institution must pay any title IV credit balance to the student, or parent in the case of a parent PLUS loan, as soon as possible, but no later than: 14 days after the balance occurred if the balance occurred after the first day of class of a payment period; or 14 days after the first day of class of a payment period if the balance occurred on or before the first day of class of that payment period. If the student (or parent) has provided authorization, an institution may use a title IV credit balance to reduce the borrower's total title IV loan debt, not just the title IV loan debt for the period for which the Return of Title IV Funds calculation is performed.

For students who withdraw because they are affected individuals in this category, the Secretary finds that the institution has met the 14-day requirement under 34 CFR 668.164(h)(2) if, within that timeframe, the institution attempts to contact the student (or parent) to suggest that the institution be authorized to return the credit balance to the loan program(s).

Based upon the instructions of the student (or parent), the institution must promptly return the funds to the title IV loan programs or pay the credit balance to the student (or parent).

In addition, if an institution chooses to attempt to contact the student (or parent) for authorization to apply the credit balance to reduce the student's title IV loan debt, it must allow the student (or parent) 45 days to respond. If there is no response within 45 days, the institution must promptly pay the credit balance to the student (or parent) or return the funds to the title IV programs if the student (or parent) cannot be located.

Consistent with the guidance provided in Dear Colleague Letter GEN-04-03 (February 2004; revised November 2004), the institution may also choose to pay the credit balance to the student (or parent) without first requesting permission to apply the credit balance to reduce the student's title IV loan debt.

Cash Management—Student or Parent Request for Loan or TEACH Grant Cancellation

Under 34 CFR 668.165(a)(4)(ii), an institution must return loan or TEACH Grant proceeds, cancel the loan or TEACH Grant, or do both, if the institution receives a loan or TEACH Grant cancellation request from a student or parent:

• By the later of the first day of a payment period or 14 days after the date the institution notifies the student or parent of his or her right to cancel all or a portion of a loan or TEACH Grant, if the institution obtains affirmative confirmation from the student under 34 CFR 668.165(a)(6)(i); or

• Within 30 days of the date the institution notifies the student or parent of his or her right to cancel all or a portion of a loan, if the institution does not obtain affirmative confirmation from the student under 34 CFR 668.165(a)(6)(i).

Under 34 CFR 668.165(a)(4)(iii), if an institution receives a loan cancellation request from a borrower after the period specified in 34 CFR 668.165(a)(4)(ii), the institution may, but is not required to, comply with the request. For a student or parent who is an affected individual in this category, the Secretary is modifying this requirement so that an institution must allow at least 60 days for the student or parent to request the cancellation of all or a portion of a loan or TEACH Grant for which proceeds have been credited to the account at the institution. If an institution receives a loan or TEACH Grant cancellation request after the 60-day period, the institution may, but is not required to, comply with the request.

Cash Management—Student and Parent Authorizations

Under 34 CFR 668.165(b)(1), an institution must obtain a written authorization from a student or parent, as applicable, to:

• Use title IV funds to pay for educationally related charges incurred by the student at the institution other than charges for tuition and fees and, as applicable, room and board; and

• Hold on behalf of the student or parent any title IV funds that would otherwise be paid directly to the student or parent.

The Secretary is modifying these requirements to permit an institution to accept an authorization provided by a student (or parent for a parent PLUS loan) orally, rather than in writing, if the student or parent is prevented from providing a written authorization because of his or her status as an affected individual in this category. The institution must document the oral consent or authorization.

Satisfactory Academic Progress

Institutions may, in cases where a student failed to meet the institution's satisfactory academic progress standards as a direct result of being an affected individual in this category, apply the exception provision of “other special circumstances” contained in 34 CFR 668.34(a)(9)(ii).

Borrowers in a Grace Period

Sections 428(b)(7)(D) and 464(c)(7) of the HEA and 34 CFR 674.31(b)(2)(i)(C), 682.209(a)(5), and 685.207(b)(2)(ii) and (c)(2)(ii) exclude from a Federal Perkins Loan, FFEL, or Direct Loan borrower's (title IV borrower's) initial grace period any period during which a borrower who is a member of an Armed Forces reserve component is called or ordered to active duty for a period of more than 30 days. The statutory and regulatory provisions further require that any single excluded period may not exceed three years and must include the time necessary for the borrower to resume enrollment at the next available regular enrollment period. Lastly, any borrower who is in a grace period when called or ordered to active duty is entitled to another six- or nine-month grace period, as applicable, upon completion of the excluded period of service.

The Secretary is modifying these statutory and regulatory requirements to exclude from a title IV borrower's initial grace period, any period, not to exceed three years, during which a borrower is an affected individual in this category. Any excluded period must include the time necessary for an affected individual in this category to resume enrollment at the next available enrollment period.

Borrowers in an “In-School” Period

A title IV borrower is considered to be in an “in-school” status and is not required to make payments on a title IV loan that has not entered repayment as long as the borrower is enrolled at an eligible institution on at least a half-time basis. Under sections 428(b)(7) and 464(c)(1)(A) of the HEA and 34 CFR 674.31(b)(2), 682.209(a), and 685.207(b), (c), and (e)(2) and (3), when a title IV borrower ceases to be enrolled at an eligible institution on at least a half-time basis, the borrower is obligated to begin repayment of the loan after a six- or nine-month grace period, depending on the title IV loan program and the terms of the borrower's promissory note. The Secretary is modifying the statutory and regulatory requirements that obligate an “in-school” borrower who has dropped below half-time status to begin repayment if the borrower is an affected individual in this category, by requiring the holder of the loan to maintain the loan in an “in-school” status for a period not to exceed three years, including the time necessary for the borrower to resume enrollment in the next regular enrollment period, if the borrower is planning to go back to school. The Secretary will pay interest that accrues on a subsidized Stafford Loan as a result of the extension of a borrower's in-school status under this modification.

Borrowers in an In-School, Graduate Fellowship, or Rehabilitation Training Program Deferment

Under sections 427(a)(2)(C)(i), 428(b)(1)(M)(i), 428B(a)(2) and (d)(1), 428C(b)(4)(C), 455(f)(2)(A), and 464(c)(2)(A)(i) of the HEA and 34 CFR 674.34(b)(1), 682.210(b)(1)(i), (ii), and (iii), 682.210(s)(2), (3), and (4), 685.204(b), 685.204(d), and 685.204(e), a title IV borrower is eligible for a deferment on the loan during periods after the commencement or resumption of the repayment period on the loan when the borrower is enrolled and in attendance as a regular student on at least a half-time basis (or full-time, if required by the terms of the borrower's promissory note) at an eligible institution; enrolled and in attendance as a regular student in a course of study that is part of a graduate fellowship program; engaged in an eligible rehabilitation training program; or, for Federal Perkins Loan borrowers, engaged in graduate or post-graduate fellowship-supported study outside the United States. The borrower's deferment period ends when the borrower no longer meets one of the above conditions.

The Secretary is waiving the statutory and regulatory eligibility requirements for this deferment for title IV borrowers who were required to interrupt a graduate fellowship or rehabilitation training program deferment, or who were in an in-school deferment but who left school, because of their status as an affected individual in this category. The holder of the loan is required to maintain the loan in the graduate fellowship, rehabilitation training program, or in-school deferment status for a period not to exceed three years during which the borrower is an affected individual in this category. This period includes the time necessary for the borrower to resume his or her graduate fellowship program, resume a rehabilitation training program, or resume enrollment in the next regular enrollment period if the borrower returns to school. The Secretary will pay interest that accrues on a FFEL subsidized Stafford Loan or not charge interest on a Direct subsidized Stafford Loan as a result of extending a borrower's eligibility for deferment under this waiver.

Forbearance

Under section 464(e) of the HEA and 34 CFR 674.33(d)(2), there is a three-year cumulative limit on the length of forbearances that a Federal Perkins Loan borrower can receive. To assist Federal Perkins Loan borrowers who are affected individuals in this category, the Secretary is waiving these statutory and regulatory requirements so that any forbearance based on a borrower's status as an affected individual in this category is excluded from the three-year cumulative limit.

Under section 464(e) of the HEA and 34 CFR 674.33(d)(2) and (3), a school must receive a request and supporting documentation from a Federal Perkins Loan borrower before granting the borrower a forbearance, the terms of which must be in the form of a written agreement. The Secretary is waiving these statutory and regulatory requirements to require an institution to grant forbearance based on the borrower's status as an affected individual in this category for a one-year period, including a three-month “transition period” immediately following, without supporting documentation or a written agreement, based on the written or oral request of the borrower, a member of the borrower's family, or another reliable source. The purpose of the three-month transition period is to assist borrowers so that they will not be required to reenter repayment immediately after they are no longer affected individuals in this category. In order to grant the borrower forbearance beyond the initial twelve- to fifteen-month period, supporting documentation from the borrower, a member of the borrower's family, or another reliable source is required.

Under 34 CFR 682.211(i)(1), a FFEL borrower who requests forbearance because of a military mobilization must provide the loan holder with documentation showing that he or she is subject to a military mobilization. The Secretary is waiving this requirement to allow a borrower who is not otherwise eligible for the military service deferment under 34 CFR 682.210(t), 685.204(h), and 674.34(h) to receive forbearance at the request of the borrower, a member of the borrower's family, or another reliable source for a one-year period, including a three-month transition period that immediately follows, without providing the loan holder with documentation. To grant the borrower forbearance beyond this period, documentation supporting the borrower's military mobilization must be submitted to the loan holder.

The Secretary will apply the forbearance waivers and modifications in this section to loans held by the Department.

Collection of Defaulted Loans

In accordance with 34 CFR part 674, subpart C—Due Diligence, and 682.410(b)(6), schools and guaranty agencies must attempt to recover amounts owed from defaulted Federal Perkins Loan and FFEL borrowers, respectively. The Secretary is waiving the regulatory provisions that require schools and guaranty agencies to attempt collection on defaulted loans for the time period during which the borrower is an affected individual in this category and for a three-month transition period. The school or guaranty agency may stop collection activities upon notification by the borrower, a member of the borrower's family, or another reliable source that the borrower is an affected individual in this category. Collection activities must resume after the borrower has notified the school or guaranty agency that he or she is no longer an affected individual and the three-month transition period has expired. The loan holder must document in the loan file why it has suspended collection activities on the loan, and the loan holder is not required to obtain evidence of the borrower's status while collection activities have been suspended. The Secretary will apply the waivers described in this paragraph to loans held by the Department.

Loan Cancellation

Depending on the loan program, borrowers may qualify for loan cancellation if they are employed fulltime in specified occupations, such as teaching or in law enforcement, pursuant to sections 428J, 460(b)(1), and 465(a)(2)(A)-(M) and (3) of the HEA, and 34 CFR 674.53, 674.55, 674.55(b), 674.56, 674.57, 674.58, 674.60, 682.216, and 685.217. Generally, to qualify for loan cancellation, borrowers must perform uninterrupted, otherwise qualifying service for a specified length of time (for example, one year) or for consecutive periods of time, such as five consecutive years.

For borrowers who are affected individuals in this category, the Secretary is waiving the requirements that apply to the various loan cancellations that such periods of service be uninterrupted or consecutive, if the reason for the interruption is related to the borrower's status as an affected individual in this category. Therefore, the service period required for the borrower to receive or retain a loan cancellation for which he or she is otherwise eligible will not be considered interrupted by any period during which the borrower is an affected individual in this category, including the three-month transition period. The Secretary will apply the waivers described in this paragraph to loans held by the Department.

Rehabilitation of Defaulted Loans

A borrower of a Direct Loan or FFEL Loan must make nine voluntary on-time, monthly payments over ten consecutive months to rehabilitate a defaulted loan in accordance with section 428F(a) of the HEA and 34 CFR 682.405 and 685.211(f). Federal Perkins Loan borrowers must make nine consecutive, on-time monthly payments to rehabilitate a defaulted Federal Perkins Loan in accordance with section 464(h)(1)(A) of the HEA and 34 CFR 674.39. To assist title IV borrowers who are affected individuals in this category, the Secretary is waiving the statutory and regulatory requirements that payments made to rehabilitate a loan must be consecutive or made over no more than ten consecutive months. Loan holders should not treat any payment missed during the time that a borrower is an affected individual in this category, or during the three-month transition period, as an interruption in the number of monthly, on-time payments required to be made consecutively, or the number of consecutive months in which payment is required to be made, for loan rehabilitation. If there is an arrangement or agreement in place between the borrower and loan holder and the borrower makes a payment during this period, the loan holder must treat the payment as an eligible payment in the required series of payments. When the borrower is no longer an affected individual in this category, and the three-month transition period has expired, the required sequence of qualifying payments may resume at the point they were discontinued as a result of the borrower's status. The Secretary will apply the waivers described in this paragraph to loans held by the Department.

Reinstatement of Title IV Eligibility

Under sections 428F(b) and 464(h)(2) of the HEA and under the definition of “satisfactory repayment arrangement” in 34 CFR 668.35(a)(2), 674.2(b), 682.200(b), and 685.102(b), a defaulted title IV borrower may make six consecutive, on-time, voluntary, full, monthly payments to reestablish eligibility for title IV student financial assistance. To assist title IV borrowers who are affected individuals in this category, the Secretary is waiving statutory and regulatory provisions that require the borrower to make consecutive payments to reestablish eligibility for title IV student financial assistance. Loan holders should not treat any payment missed during the time that a borrower is an affected individual in this category as an interruption in the six consecutive, on-time, voluntary, full, monthly payments required for reestablishing title IV eligibility. If there is an arrangement or agreement in place between the borrower and loan holder and the borrower makes a payment during this period, the loan holder must treat the payment as an eligible payment in the required series of payments. When the borrower is no longer an affected individual or in the three-month transition period for purposes of this document, the required sequence of qualifying payments may resume at the point they were discontinued as a result of the borrower's status. The Secretary will apply the waivers described in this paragraph to loans held by the Department.

Consolidation of Defaulted Loans

Under the definition of “satisfactory repayment arrangement” in 34 CFR 685.102(b), a defaulted FFEL or Direct Loan borrower may establish eligibility to consolidate a defaulted loan in the Direct Consolidation Loan Program by making three consecutive, voluntary, on-time, monthly, full payments on the loan. The Secretary is waiving the regulatory requirement that such payments be consecutive. FFEL loan holders should not treat any payment missed during the time that a borrower is an affected individual in this category as an interruption in the three consecutive, voluntary, monthly, full, on-time payments required for establishing eligibility to consolidate a defaulted loan in the Direct Consolidation Loan Program. If there is an arrangement or agreement in place between the borrower and loan holder and the borrower makes a payment during this period, the loan holder must treat the payment as an eligible payment in the required series of payments. When the borrower is no longer an affected individual in this category or in the three-month transition period, the required sequence of qualifying payments may resume at the point they were discontinued as a result of the borrower's status as an affected individual. The Secretary will apply the waivers described in this paragraph to loans held by the Department.

Annual Income Documentation Requirements for Direct Loan and FFEL Borrowers Under the IBR, PAYE, REPAYE, and ICR Plans

Section 493C(c) of the HEA requires the Secretary to establish procedures for annually determining a borrower's eligibility for the IBR plan, including verification of a borrower's annual income and the annual amount due on the total amount of the borrower's loans. Section 455(e)(1) of the HEA provides that the Secretary may obtain such information as is reasonably necessary regarding the income of a borrower for the purpose of determining the annual repayment obligation of the borrower under an income-contingent repayment plan. Under 34 CFR 682.215(e), 685.209(a)(5), (b)(3), and (c)(4), and 685.221(e), borrowers repaying under the IBR, PAYE, REPAYE, or ICR plans must annually provide their loan holder with documentation of their income and family size so that the loan holder may, if necessary, adjust the borrower's monthly payment amount based on changes in the borrower's income or family size. Borrowers are required to provide information about their annual income and family size to the loan holder each year by a deadline specified by the holder. If a borrower who is repaying his or her loans under the IBR, PAYE, or ICR plans fails to provide the required information by the specified deadline, the borrower's monthly payment amount is adjusted and is no longer based on the borrower's income. This adjusted monthly payment amount is generally higher than the payment amount that was based on the borrower's income.

The Secretary is waiving these statutory and regulatory provisions to require loan holders to maintain an affected borrower's payment at the most recently calculated IBR, PAYE, REPAYE, or ICR monthly payment amount for up to a three-year period, including a three-month transition period immediately following the three-year period, if the borrower's status as an affected individual in this category has prevented the borrower from providing documentation of updated income and family size by the specified deadline.

Category 3: The Secretary is waiving or modifying the following provisions of title IV of the HEA and the Department's regulations for affected individuals who are serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency.

Institutional Charges and Refunds

The HEROES Act encourages institutions to provide a full refund of tuition, fees, and other institutional charges for the portion of a period of instruction that a student was unable to complete, or for which the student did not receive academic credit, because he or she was called up for active duty or for qualifying National Guard duty during a war or other military operation or national emergency. Alternatively, the Secretary encourages institutions to provide a credit in a comparable amount against future charges.

The HEROES Act also recommends that institutions consider providing easy and flexible reenrollment options to students who are affected individuals in this category. At a minimum, an institution must comply with the requirements of 34 CFR 668.18, which addresses the readmission requirements for service members serving for a period of more than 30 consecutive days under certain conditions. Some institutions must also abide by the protections provided by the Principles of Excellence (Executive Order 13607, issued April 27, 2012) to service members who are absent for shorter periods of service. Institutions agree to comply with the Principles of Excellence through arrangements with the Department of Defense and the Department of Veterans Affairs. Executive Order 13607 is available at www.whitehouse.gov/the-press-office/2012/04/27/executive-order-establishing-principles-excellence-educational-instituti.

Of course, an institution may provide such treatment to affected individuals other than those who are called up to active duty or for qualifying National Guard duty during a war or other military operation or national emergency.

Before an institution makes a refund of institutional charges, it must perform the required Return of Title IV Funds calculations based upon the originally assessed institutional charges. After determining the amount that the institution must return to the title IV Federal student aid programs, any reduction of institutional charges may take into account the funds that the institution is required to return. In other words, we do not expect that an institution would both return funds to the Federal programs and also provide a refund of those same funds to the student.

Category 4: The Secretary is waiving or modifying the following provisions of the HEA and the Department's regulations for dependents of affected individuals who are serving on active duty or performing qualifying National Guard duty during a war or other military operation or national emergency.

Verification Signature Requirements

The Department's regulations in 34 CFR 668.57(b), (c), and (d) require signatures to verify the number of family members in the household, the number of family members enrolled in postsecondary institutions, or other information specified in the annual Federal Register document that announces the FAFSA information that an institution and an applicant may be required to verify, as well as the acceptable documentation for verifying that FAFSA information. The Secretary is waiving the requirement for a parent's signature on any verification documentation required for title IV eligibility for a dependent student when no relevant parent can provide the required signature because of the parent's status as an affected individual in this category.

Required Signatures on the FAFSA, SAR, or in Connection With Submitting Corrections Electronically

Generally, when a dependent applicant for title IV aid submits the FAFSA or submits corrections to a previously submitted FAFSA, at least one parent's signature is required on the FAFSA, SAR, or in connection with submitting corrections electronically. The Secretary is waiving this requirement so that an applicant need not provide a parent's signature when there is no relevant parent who can provide the required signature because of the parent's status as an affected individual in this category. In these situations, a student's high school counselor or the FAA may sign on behalf of the parent as long as the applicant provides adequate documentation concerning the parent's inability to provide a signature due to the parent's status as an affected individual in this category.

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

(Catalog of Federal Domestic Assistance Numbers: 84.007 Federal Supplemental Educational Opportunity Grant Program; 84.032 Federal Family Education Loan Program; 84.032 Federal PLUS Program; 84.033 Federal Work Study Program; 84.038 Federal Perkins Loan Program; 84.063 Federal Pell Grant Program; and 84.268 William D. Ford Federal Direct Loan Program.) Program Authority:

20 U.S.C. 1071, 1082, 1087a, 1087aa, Part F-1.

Dated: October 12, 2017. Kathleen A. Smith, Acting Assistant Secretary for Postsecondary Education.
[FR Doc. 2017-22489 Filed 10-16-17; 8:45 am] BILLING CODE 4000-01-P
ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 60 [EPA-R01-OAR-2017-0514; FRL-9969-57-Region 1] Notification of Partial Delegation of Authority; Vermont; New Source Performance Standards for New Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-Air Furnaces AGENCY:

Environmental Protection Agency (EPA).

ACTION:

Notification of partial delegation of authority.

SUMMARY:

On September 19, 2017, the Environmental Protection Agency (EPA) sent the State of Vermont a letter approving Vermont's request for partial delegation of the New Source Performance Standards for New Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-Air Furnaces (NSPS). To inform regulated facilities and the public of EPA's approval of Vermont's request for partial delegation of authority to implement and enforce the NSPS, the EPA is making available a copy of EPA's letter to Vermont through this document.

DATES:

On September 19, 2017, EPA sent the State of Vermont a letter approving Vermont's request for partial delegation of the NSPS.

ADDRESSES:

The EPA has established a docket for this action under Docket Identification No. EPA-R01-OAR-2017-0514. Copies of documents pertaining to this action are available for public inspection at our Region 1 office during normal business hours. All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., 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 either electronically in www.regulations.gov or in hard copy at the Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square, Boston, MA. EPA requests that if at all possible, you contact the contact 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 a.m., excluding legal holidays.

FOR FURTHER INFORMATION CONTACT:

Eric Wortman, Air Permits, Toxics and Indoor Programs Unit, Office of Ecosystem Protection, U.S. Environmental Protection Agency, EPA New England Regional Office, 5 Post Office Square (OEP05-2), Boston, MA 02109-3912, telephone number (617) 918-1624, fax number (617) 918-0624, email [email protected]

SUPPLEMENTARY INFORMATION:

In a letter dated May 19, 2017, the Vermont Agency of Natural Resources (VT ANR) notified the EPA that VT ANR had adopted an amended § 5-204 of the Vermont Air Pollution Control Regulation for Wood Stoves and Central Heaters and requested partial delegation to implement and enforce certain provisions of the NSPS. On September 19, 2017, the EPA sent VT ANR a letter approving the request for partial delegation to implement and enforce the NSPS as specified by VT ANR in its notification to the EPA. A copy of the EPA's September 19, 2017 letter to VT ANR follows:

Heidi Hales, Division Director Department of Environmental Conservation One National Life Drive Montpelier, VT 05620-3802 Dear Ms. Hales:

On March 16, 2015, the EPA promulgated Standards of Performance for New Residential Wood Heaters, New Residential Hydronic Heaters, and Forced-Air Furnaces (NSPS) at 40 CFR part 60, subparts AAA and QQQQ. In your letter dated May 19, 2017, the Vermont Agency of Natural Resources (VT ANR) requested partial delegation to implement and enforce certain provisions of the NSPS.

Delegation Request

VT ANR requested partial delegation to implement and enforce the following provisions of the NSPS at 40 CFR 60.539a and 60.5482:

1. Enforcement of prohibitions on the installation and operation of affected wood heaters and central heaters in a manner inconsistent with the installation and owner's manual;

2. Enforcement of prohibitions on operation of catalytic wood heaters or central heaters where the catalyst has been deactivated or removed;

3. Enforcement of prohibitions on advertisement and/or sale of uncertified model lines;

4. Enforcement of prohibitions on advertisement and/or sale of affected wood heaters and central heaters that do not have the required permanent label;

5. Enforcement of proper labeling of affected wood heaters and central heaters; and

6. Enforcement of compliance with other labeling requirements for wood heaters and central heaters.

Delegation of Authority

On December 15, 2016, VT ANR adopted and amended the Vermont Air Pollution Control Regulations at § 5-204 for Wood Stoves and Central Heaters. In the May 19, 2017 letter, VT ANR provided copies of its revised regulations and its authority to accept delegation.

The EPA has reviewed the pertinent regulations of the State of Vermont, and has determined they provide an adequate and effective procedure for implementation of the requested NSPS provisions. Accordingly, the EPA hereby approves your request for partial delegation of authority to implement and enforce the identified provisions of the NSPS at 40 CFR 60.539a and 60.5482.

Please note that this partial delegation of authority is subject to the terms and conditions in the March 6, 1996 Memorandum of Understanding between the VT ANR and the EPA for delegation of Section 111 standards. In addition, the EPA is not delegating any authorities under 40 CFR 60.539a and 60.5482 that specifically indicate they cannot be delegated.

Since this delegation is effectively immediately, there is no need for VT ANR to notify the EPA of its acceptance. Unless we receive written notice of objections from VT ANR within ten (10) days from the date of this letter, VT ANR will be deemed to have accepted all of the terms as stated herein. We will publish a notice of delegation of authority in the Federal Register informing the public of this action.

The EPA appreciates Vermont's efforts to accept partial delegation and implement and enforce the Wood Heater and Central Heater NSPS delegated provisions. If you have any questions regarding this matter, please don't hesitate to contact Eric Wortman at (617) 918-1624.

Sincerely, Deborah A. Szaro Acting Regional Administrator

This document informs regulated facilities and the public of the EPA's approval of Vermont's request for partial delegation of authority to implement and enforce the NSPS. The partial delegation of authority was effective on September 19, 2017.

List of Subjects in 40 CFR Part 60

Environmental protection, Administrative practice and procedure, Air pollution control, Hazardous substances, Intergovernmental relations, Reporting and recordkeeping requirements.

Authority:

This action is issued under the authority of section 111 of the Clean Air Act, as amended, 42 U.S.C. 7412.

Dated: October 2, 2017. Deborah A. Szaro, Acting Regional Administrator, EPA-New England.
[FR Doc. 2017-22364 Filed 10-16-17; 8:45 am] BILLING CODE 6560-50-P
FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 64 [CG Docket Nos. 10-51 and 03-123; FCC 17-26] Structure and Practices of the Video Relay Services Program 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 rules adopted in the Commission's document Structure and Practices of the Video Relay Services Program; Telecommunications Relay Services and Speech-to-Speech Services for Individuals with Hearing and Speech Disabilities, Report and Order (Report and Order). This document is consistent with the Report and Order, which stated that the Commission would publish a document in the Federal Register announcing the effective date of those rules.

DATES:

47 CFR 64.604(b)(8) and 64.611(a)(5) and (g)(1)(vii); and amendments to §§ 64.604(b)(4)(iii), 64.611(c)(2)(i), 64.615(a)(3)(i) introductory text and (a)(3)(i)(A), 64.630, 64.5101(b), and 64.5103(m), published at 82 FR 17754, April 13, 2017, are effective October 17, 2017.

FOR FURTHER INFORMATION CONTACT:

Michael Scott, Disability Rights Office, Consumer and Governmental Affairs Bureau, at (202) 418-1264, or email: [email protected].

SUPPLEMENTARY INFORMATION:

This document announces that, on October 2, 2017, OMB approved, for a period of three years, the information collection requirements contained in the Commission's Report and Order, FCC 17-26, published at 82 FR 17754, April 13, 2017. The OMB Control Number is 3060-1201. 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 Cathy Williams, Federal Communications Commission, Room 1-C823, 445 12th Street SW., Washington, DC 20554. Please include the OMB Control Number, 3060-1201, in your correspondence. The Commission will also accept your comments via the Internet if you send them to [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), (844) 432-2275 (videophone), or (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 OMB approval on October 2, 2017, for the information collection requirements contained in the Commission's rules at §§ 64.604(b)(4)(iii) and (b)(8); 64.611(a)(5), (c)(2)(i), and (g)(1)(vii); 64.615(a)(3)(i) introductory text and (a)(3)(i)(A); 64.630; 64.5101(b); and 64.5103(m).

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 3060-1201.

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: 3060-1201.

OMB Approval Date: October 2, 2017.

OMB Expiration Date: October 31, 2020.

Title: Video Relay Services, CG Docket Nos. 10-51 & 03-123.

Form Number: N/A.

Type of Review: Revision of a currently approved collection.

Respondents: Business or other for-profit; Individuals or households; Not-for-profit institutions.

Number of Respondents and Responses: 135,350 respondents; 2,395,180 responses.

Estimated Time per Response: 0.5 hours (30 minutes) to 300 hours.

Frequency of Response: Annual, monthly, on-going, one-time, and quarterly reporting requirements; Recordkeeping requirement; Third party disclosure requirement.

Obligation to Respond: Required to obtain or retain benefits. The statutory authority for the information collections is contained in section 225 of the Communications Act. The law was enacted on July 26, 1990, as Title IV of the Americans with Disabilities Act of 1990 (ADA), Public Law 101-336, 104 Stat. 327, 366-69.

Total Annual Burden: 473,809 hours.

Total Annual Cost: $41,000.

Nature and Extent of Confidentiality: Confidentiality is an issue to the extent that individuals and households provide personally identifiable information, which is covered under the FCC's updated system of records notice (SORN), FCC/CGB-4, “Internet-based Telecommunications Relay Service-User Registration Database (ITRS-URD).” As required by the Privacy Act, 5 U.S.C. 552a, the Commission also published a SORN, FCC/CGB-4 “Internet-based Telecommunications Relay Service-User Registration Database (ITRS-URD),” in the Federal Register on February 9, 2015 (80 FR 6963) which became effective on March 23, 2015.

Privacy Impact Assessment: This information collection affects individuals or households. As required by the Office of Management and Budget Memorandum M-03-22 (September 26, 2003), the FCC is in the process of completing the Privacy Impact Assessment.

Needs and Uses: On March 23, 2017, the Commission released Structure and Practices of the Video Relay Services Program et al., FCC 17-26, published at 82 FR 17754, April 13, 2017, (2017 VRS Improvements Order), which among other things, (1) allows VRS providers to assign TRS Numbering Directory 10-digit telephone numbers to hearing individuals for the limited purpose of making point-to-pint video calls, and (2) gives VRS providers the option to participate in an at-home call handling pilot program, subject to certain limitations, as well as recordkeeping and reporting requirements.

Federal Communications Commission. Marlene H. Dortch, Secretary.
[FR Doc. 2017-22468 Filed 10-16-17; 8:45 am] BILLING CODE 6712-01-P
DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 160920866-7167-02] RIN 0648-XF756 Fisheries of the Exclusive Economic Zone Off Alaska; Sablefish in the Central Regulatory Area of the Gulf of Alaska AGENCY:

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

ACTION:

Temporary rule; closure.

SUMMARY:

NMFS is prohibiting retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the Gulf of Alaska (GOA). This action is necessary because the 2017 total allowable catch of sablefish allocated to vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA has been reached.

DATES:

Effective 1200 hours, Alaska local time (ALT), October 12, 2017, through 2400 hours, ALT, December 31, 2017.

FOR FURTHER INFORMATION CONTACT:

Josh Keaton, 907-586-7228.

SUPPLEMENTARY INFORMATION:

NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (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 total allowable catch (TAC) of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA is 439 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish of the GOA (82 FR 12032, February 27, 2017).

In accordance with § 679.20(d)(2), the Administrator, Alaska Region, NMFS (Regional Administrator), has determined that the 2017 TAC of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA has been reached. Therefore, NMFS is requiring that sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA be treated as prohibited species in accordance with § 679.21(b). This closure does not apply to fishing by vessels participating in the cooperative fishery of the Rockfish Program for the Central Regulatory Area of the GOA.

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 prohibiting the retention of sablefish by vessels using trawl gear and not participating in the cooperative fishery of the Rockfish Program in the Central Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of October 6, 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 § 679.21 and is exempt from review under Executive Order 12866.

Authority:

16 U.S.C. 1801 et seq.

Dated: October 12, 2017. Alan D. Risenhoover, Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
[FR Doc. 2017-22454 Filed 10-12-17; 4:15 pm] BILLING CODE 3510-22-P
82 199 Tuesday, October 17, 2017 Proposed Rules NATIONAL INDIAN GAMING COMMISSION 25 CFR Part 517 RIN 3141-AA21 Freedom of Information Act Procedures AGENCY:

National Indian Gaming Commission.

ACTION:

Notice of proposed rulemaking.

SUMMARY:

The purpose of this document is to propose amendments to the procedures followed by the National Indian Gaming Commission (Commission) when processing a request under the Freedom of Information Act, as amended. These changes will serve to update certain Commission information, conform to changes made in the FOIA Improvements Act of 2016, and streamline how the Commission processes its Freedom of Information Act requests.

DATES:

Written comments on this proposed rule must be received on or before November 16, 2017.

ADDRESSES:

You may send comments by any of the following methods:

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

Email: [email protected]

Fax: 202-632-7066.

Mail: National Indian Gaming Commission, 1849 C Street NW., MS 1621, Washington, DC 20240.

Hand Delivery: National Indian Gaming Commission, 90 K Street NE., Suite 200, Washington, DC 20002, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT:

Jennifer Lawson at (202) 632-7003 or by fax (202) 632-7066 (these numbers are not toll free).

SUPPLEMENTARY INFORMATION:

I. Comments Invited

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

II. Background

The Indian Gaming Regulatory Act (IGRA), enacted on October 17, 1988, established the National Indian Gaming Commission. Congress enacted the Freedom of Information Act (FOIA) in 1966. The Commission originally adopted Freedom of Information Act procedures on August 23, 1993. These procedures were subsequently amended once on April 19, 2006. Since that time, the United States Congress has amended the FOIA twice, the Commission has changed the location of its headquarters office and streamlined the way it processes its FOIA requests. These proposed amendments serve to incorporate the aforementioned changes into the Commission's regulations.

III. Regulatory Matters Regulatory Flexibility Act

The Commission certifies that the proposed rule will not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). The factual basis for this certification is as follows: This rule is procedural in nature and will not impose substantive requirements that would be considered impacts within the scope of the Act.

Unfunded Mandates Reform Act

The Commission is an independent regulatory agency, and, as such, is exempt from the Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq.

Takings

In accordance with Executive Order 12630, the Commission has determined that this proposed rule does not have significant takings implications. A takings implication assessment is not required.

Civil Justice Reform

In accordance with Executive Order 12988, the Commission has determined that the rule does not unduly burden the judicial system and meets the requirements of sections 3(a) and 3(b)(2) of the Executive Order.

Small Business Regulatory Enforcement Fairness Act

The proposed rule is not a major rule under 5 U.S.C. 804(2), the Small Business Regulatory Enforcement Fairness Act. The proposed rule will not result in an annual effect on the economy of more than $100 million per year; a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of U.S. based enterprises.

Paperwork Reduction Act

The proposed rule does not contain any information collection requirements for which the Office of Management and Budget approval under the Paperwork Reduction Act (44 U.S.C. 3501-3520) would be required.

National Environmental Policy Act

The Commission has determined that the proposed rule does not constitute a major Federal Action significantly affecting the quality of the human environment and that no detailed statement is required pursuant to the National Environmental Policy Act of 1969.

Tribal Consultation

The National Indian Gaming Commission is committed to fulfilling its tribal consultation obligations—whether directed by statute or administrative action such as Executive Order (E.O.) 13175 (Consultation and Coordination with Indian Tribal Governments)—by adhering to the consultation framework described in its Consultation Policy published July 15, 2013. The NIGC's consultation policy specifies that it will consult with tribes on Commission Action with Tribal Implications, which is defined as: Any Commission regulation, rulemaking, policy, guidance, legislative proposal, or operational activity that may have a substantial direct effect on an Indian tribe on matters including, but not limited to the ability of an Indian tribe to regulate its Indian gaming; an Indian Tribe's formal relationship with the Commission; or the consideration of the Commission's trust responsibilities to Indian tribes. The Changes proposed in this NPRM do not fall into any of those categories. Many of the changes are required by law, and those that are not are being done to improve our FOIA process, which affects the public in general. Accordingly, the Commission did not consult on these changes. The Commission, though, requests and welcomes any and all tribal comments to this NPRM.

List of Subjects in 25 CFR Part 517

Administrative practice and procedure, Freedom of information.

For the reasons set forth in the preamble, the Commission proposes to revise 25 CFR part 517 to read as follows: PART 517—FREEDOM OF INFORMATION ACT PROCEDURES Sec. 517.1 General provisions. 517.2 Public reading room. 517.3 Definitions. 517.4 Requirements for making requests. 517.5 Responsibility for responding to requests. 517.6 Timing of responses to requests. 517.7 Confidential commercial information. 517.8 Appeals. 517.9 Fees. Authority:

5 U.S.C. 552.

§ 517.1 General provisions.

This part contains the regulations the National Indian Gaming Commission (Commission) follows in implementing the Freedom of Information Act (FOIA), 5 U.S.C. 552. These regulations provide procedures by which you may obtain access to records compiled, created, and maintained by the Commission, along with procedures the Commission must follow in response to such requests for records. These regulations should be read together with the FOIA, which provides additional information about access to records maintained by the Commission. Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552(a), are processed in accordance with the Commission's Privacy Act regulations, 25 CFR part 515, as well as under this part.

§ 517.2 Public reading room.

Records that are required to be maintained by the Commission shall be available for public inspection and copying at 90 K Street NE., Suite 200, Washington, DC 20002. Reading room records created on or after November 1, 1996, shall be made available electronically via the Commission's Web site.

§ 517.3 Definitions.

(a) Commercial use requester means a requester seeking information for a use or purpose that furthers the commercial, trade, or profit interests of himself or the person on whose behalf the request is made, which can include furthering those interests through litigation. In determining whether a request properly belongs in this category, the FOIA Officer shall determine the use to which the requester will put the documents requested. Where the FOIA Officer has reasonable cause to doubt the use to which the requester will put the records sought, or where that use is not clear from the request itself, the FOIA Officer shall contact the requester for additional clarification before assigning the request to a specific category.

(b) Confidential commercial information means records or information provided to the government by a submitter that arguably contains material exempt from disclosure under Exemption 4 of the FOIA.

(c) Direct costs mean those expenditures by the Commission actually incurred in searching for and duplicating (and, in the case of commercial use requests, reviewing) records in response to the FOIA request. Direct costs include the salary of the employee or employees performing the work (i.e., the basic rate of pay for the employee plus 16 percent of that rate to cover benefits) and the cost of operating computers and other electronic equipment, such as photocopiers and scanners. Direct costs do not include overhead expenses, such as the cost of space, heating, or lighting of the facility in which the records are stored.

(d) Duplication refers to the process of making a copy of a record, or the information contained in it, necessary to respond to a FOIA request. Such copies can take the form of, among other things, paper copy, microfilm, audio-visual materials, or electronic records (e.g., compact discs or USB flash drives). The copies provided shall be in a form that is reasonably usable by the requester.

(e) Educational institution refers to a preschool, a public or private elementary school, an institute of undergraduate higher education, an institute of graduate higher education, an institute of professional education, or an institute of vocational education which operates a program of scholarly research. To qualify for this category, the requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use, but are sought to further scholarly research.

(f) Freedom of Information Act Officer means the person designated by the Chairman to administer the FOIA.

(g) Non-commercial scientific institution refers to an institution that is not operated on a “commercial” basis as that term is used in paragraph (a) of this section, and which is operated solely for the purpose of conducting scientific research the results of which are not intended to promote any particular product or industry. To qualify for this category, the requester must show that the request is authorized by and is made under the auspices of a qualifying institution and that the records are not sought for a commercial use, but are sought to further scholarly research.

(h) Representative of the news media means any person or entity that gathers information of potential interest to a segment of the public, uses editorial skills to turn the raw materials into a distinct work, and distributes that work to an audience. The term “news” means information that is about current events or that would be of current interest to the public. Examples of news media entities include television or radio stations that broadcast “news” to the public at large and publishers of periodicals that disseminate “news” and make their products available for purchase by or free distribution to the general public, including news organizations that disseminate solely on the Internet. For a “freelance journalist” to be regarded as working for a news organization, the requester must demonstrate a solid basis for expecting publication through that organization, such as a publication contract. Absent such showing, the requester may provide documentation establishing the requester's past publication record. To qualify for this category, the requester must not be seeking the requested records for a commercial use. However, a request for records supporting a news-dissemination function shall not be considered to be for a commercial use.

(i) Requester means any person, including an individual, Indian tribe, partnership, corporation, association, or public or private organization other than a Federal agency, that requests access to records in the possession of the Commission.

(j) Review means the process of examining a record in response to a FOIA request to determine if any portion of that record may be withheld under one or more of the FOIA Exemptions. It also includes processing any record for disclosure, for example, redacting information that is exempt from disclosure under the FOIA. Review time includes time spent considering any formal objection to disclosure made by a business submitter under § 517.7(c). Review time does not include time spent resolving general legal or policy issues regarding the use of FOIA Exemptions.

(k) Search refers to the time spent looking for material that is responsive to a request, including page-by-page or line-by-line identification of material within a document and also includes reasonable efforts to locate and retrieve information from records maintained in electronic form or format. The FOIA Officer shall ensure that searches are conducted in the most efficient and least expensive manner reasonably possible.

(l) Submitter means any person or entity who provides information directly or indirectly to the Commission. The term includes, but is not limited to, corporations, Indian tribal governments, state governments and foreign governments.

(m) Working day means a Federal workday that does not include Saturdays, Sundays, or Federal holidays.

§ 517.4 Requirements for making requests.

(a) How to make a FOIA request. Requests for records made pursuant to the FOIA must be in writing. Requests may be mailed, dropped off in person, or faxed to (202) 632-7066 (not a toll free number). Requests that are dropped off in person should be made at 90 K Street NE., Suite 200, Washington, DC 20002 during the hours of 9 a.m. to 12 noon and 2 p.m. to 5 p.m. Requests that are mailed should be sent to NIGC Attn: FOIA Officer, 1849 C Street NW., Mail Stop #1621, Washington, DC 20240. Requests may also be sent via electronic mail addressed to [email protected] or submitted through the Commission's Web site.

(b) First person requests for records. If the requester is making a request for records about himself/herself, the requester must provide verification of identity. Verification requirements are described in 25 CFR 515.3.

(c) Requests for records about another individual. If the requester is making a request for records about another individual, the requester may receive greater access by submitting either a notarized authorization signed by that individual, a declaration made in compliance with the requirements set forth in 28 U.S.C. 1746 by that individual authorizing disclosure of the records to the requester or by submitting proof that the individual is deceased (for example, a copy of the death certificate or a copy of the obituary).

(d) Description of records sought. Requests for records shall describe the records requested with as much specificity as possible to enable Commission employees to locate the information requested with a reasonable amount of effort. Whenever possible, the request should describe the subject matter of the records sought, the time periods in which the records were generated, and any tribe or tribal gaming facility with which they were associated. Before submitting a request, requesters may contact the Commission's FOIA contact or FOIA Public Liaison to discuss the records being sought and receive assistance describing the records. If after receiving a request the FOIA Officer determines that it does not reasonably describe the records sought, the FOIA Officer must inform the requester of what additional information is needed or why the request is otherwise insufficient. Requesters who are attempting to reformulate or modify such a request may discuss their request with the Commission's FOIA contact or FOIA Public Liaison. If a request does not reasonably describe the records sought, the agency's response to the request may be delayed.

(e) Agreement to pay fees. Requests shall also include a statement indicating the maximum amount of fees the requester is willing to pay to obtain the requested information, or a request for a waiver or reduction of fees. If the requester is requesting a waiver or reduction of fees the requester must include justification for such waiver or reduction (see § 517.9(c) for more information). If the request for a fee waiver is denied, the requester will be notified of this decision and advised that fees associated with the processing of the request will be assessed. The requester must send an acknowledgment to the FOIA Officer indicating his/her willingness to pay the fees. Absent such acknowledgment within the specified time frame, the request will be considered incomplete, no further work shall be done, and the request will be administratively closed.

(f) Form or format of records requested. Requesters may specify their preferred form or format (including electronic formats) for the records sought. The Commission will accommodate such requests where the record is readily reproducible in that form or format.

(g) Types of records not available. The FOIA does not require the Commission to:

(1) Compile or create records solely for the purpose of satisfying a request for records;

(2) Provide records not yet in existence, even if such records may be expected to come into existence at some future time; or

(3) Restore records destroyed or otherwise disposed of, except that the FOIA Officer must notify the requester that the requested records have been destroyed or disposed.

§ 517.5 Responsibility for responding to requests.

(a) In general. In determining which records are responsive to a request, the Commission ordinarily will include only records in its possession as of the date it begins its search for records. If any other date is used, the FOIA Officer shall inform the requester of that date.

(b) Authority to grant or deny requests. The FOIA Officer shall make initial determinations either to grant or deny in whole or in part a request for records.

(c) Granting of requests. When the FOIA Officer determines that the requested records shall be made available, the FOIA Officer shall notify the requester in writing and provide copies of the requested records in whole or in part. Records disclosed in part shall be marked or annotated to show the exemption applied to the withheld information and the amount of information withheld unless to do so would harm the interest protected by an applicable exemption. If a requested record contains exempted material along with nonexempt material, all reasonable segregable material shall be disclosed.

(d) Adverse Determinations. If the FOIA Officer makes an adverse determination denying a request in any respect, it must notify the requester of that adverse determination in writing. Adverse determinations include decisions that: The requested record is exempt from release, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester; denials involving fees or fee waiver matters; and denials of requests for expedited processing.

(e) Content of adverse determination. Any adverse determination issued by the FOIA Officer must include:

(1) A brief statement of the reasons for the adverse determination, including any FOIA exemption applied by the agency in denying access to a record unless to do so would harm the interest protected by an applicable exemption;

(2) An estimate of the volume of any records or information withheld, such as the number of pages or other reasonable form of estimation, although such an estimate is not required if the volume is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption;

(3) A statement that the adverse determination may be appealed under § 517.8 of this part and a description of the appeal requirements; and

(4) A statement notifying the requester of the assistance available from the Commission's FOIA Public Liaison and the dispute resolution services offered by the Office of Government Information Services.

(f) Consultation, referral, and coordination. When reviewing records located in response to a request, the FOIA Officer will determine whether another agency of the Federal Government is better able to determine whether the record is exempt from disclosure under the FOIA. As to any record determined to be better suited for review by another Federal Government agency, the FOIA Officer must proceed in one of the following ways.

(1) Consultation. When records originating with the Commission contain information of interest to another Federal Government agency, the FOIA Officer should typically consult with that other entity prior to making a release determination.

(2) Referral.

(i) When the FOIA Officer believes that a different Federal Government agency is best able to determine whether to disclose the record, the FOIA Officer should typically refer the responsibility for responding to the request regarding that record to that agency. Ordinarily, the agency that originated the record is presumed to be the best agency to make the disclosure determination. If the Commission and another Federal Government agency jointly agree that the agency processing the request is in the best position to respond regarding the record, then the record may be handled as a consultation.

(ii) Whenever the FOIA Officer refers any part of the responsibility for responding to a request to another agency, he or she must document the referral, maintain a copy of the record that it refers, and notify the requester of the referral.

(iii) After the FOIA Officer refers a record to another Federal Government agency, the agency receiving the referral shall make a disclosure determination and respond directly to the requester. The referral of a record is not an adverse determination and no appeal rights accrue to the requester by this act.

(3) Coordination. The standard referral procedure is not appropriate where disclosure of the identity of the agency to which the referral would be made could harm an interest protected by an applicable exemption, such as the exemptions that protect personal privacy interests. For example, if the FOIA Officer in responding to a request for records on a living third party locates records originating with a criminal law enforcement agency, and if the existence of that law enforcement interest in the third party was not publicly known, then to disclose that law enforcement interest could cause an unwarranted invasion of the personal privacy of the third party. In such instances, in order to avoid harm to an interest protected by an applicable exemption, the FOIA Officer should coordinate with the originating agency to obtain its views on whether the record may be disclosed. The FOIA Officer should then convey the determination as to whether the record will be released to the requester.

§ 517.6 Timing of responses to requests.

(a) In general. The FOIA Officer ordinarily shall respond to requests according to their order of receipt. All statutory and regulatory timelines will commence on the date that the request is received by the Commission's Headquarters FOIA Office that is designated to receive requests in § 517.4(a). In instances of requests misdirected to Commission field offices, the response time will commence on the date that the request is received by the Commission's Headquarters FOIA Office, but in any event no later than 10 working days after the request is first received by any Commission office.

(b) Multitrack processing. (1) The FOIA Officer may use multi-track processing in responding to requests. Multi-track processing means placing simple requests requiring rather limited review in one processing track and placing more voluminous and complex requests in one or more other tracks. Requests in either track are processed on a first-in/first-out basis.

(2) The FOIA Officer may provide requesters in its slower track(s) with an opportunity to limit the scope of their requests in order to qualify for faster processing within the specified limits of faster track(s). The FOIA Officer will do so either by contacting the requester by letter, telephone, electronic mail, or facsimile whichever is more efficient in each case. When providing a requester with the opportunity to limit the scope of their request, the FOIA Officer shall also advise the requester of the availability of the Commission's FOIA Public Liaison to aid in the resolution of any dispute arising between the requester and the Commission as well as the requester's right to seek dispute resolution services from the Office of Government Information Services.

(c) Initial determinations. (1) The FOIA Officer shall make an initial determination regarding access to the requested information and notify the requester within twenty (20) working days after receipt of the request. This 20 day period may be extended if unusual circumstances arise. If an extension is necessary, the FOIA Officer shall promptly notify the requester of the extension, briefly stating the reasons for the extension, and estimating when the FOIA Officer will respond. Unusual circumstances warranting extension are:

(i) The need to search for and collect the requested records from field facilities or other establishments that are separate from the office processing the request;

(ii) The need to search for, collect, and appropriately examine a voluminous amount of records which are demanded in a single request; or

(iii) The need for consultation with another agency having a substantial interest in the determination of the request, which consultation shall be conducted with all practicable speed.

(2) If the FOIA Officer decides that an initial determination cannot be reached within the time limits specified in paragraph (c)(1) of this section, the FOIA Officer shall notify the requester of the reasons for the delay and include an estimate of when a determination will be made. The requester will then have the opportunity to modify the request or arrange for an alternative time frame for completion of the request. To assist in this process, the FOIA Officer shall advise the requester of the availability of the Commission's FOIA Public Liaison to aid in the resolution of any disputes between the requester and the Commission, and notify the requester of his or her right to seek dispute resolution services from the Office of Government Information Services.

(3) If no initial determination has been made at the end of the 20 day period provided for in paragraph (c)(1) of this section, including any extension, the requester may appeal the action to the FOIA Appeals Officer.

(d) Expedited processing of request. (1) A requester may make a request for expedited processing at any time.

(2) When a request for expedited processing is received, the FOIA Officer must determine whether to grant the request for expedited processing within ten (10) calendar days of its receipt. Requests will receive expedited processing if one of the following compelling needs is met:

(i) The requester can establish that failure to receive the records quickly could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or

(ii) The requester is primarily engaged in disseminating information and can demonstrate that an urgency to inform the public concerning actual or alleged Federal Government activity exists.

(3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. As a matter of administrative discretion, the FOIA Officer may waive the formal certification requirement.

(4) Administrative appeals of denials of expedited processing will be given expeditious consideration. If the denial of expedited processing is upheld by the FOIA Appeals Officer, that decision is immediately subject to judicial review in the appropriate Federal district court.

§ 517.7 Confidential commercial information.

(a) Notice to submitters. The FOIA Officer shall, to the extent permitted by law, provide a submitter who provides confidential commercial information to the Commission, with prompt notice of a FOIA request or administrative appeal encompassing the confidential commercial information if the Commission may be required to disclose the information under the FOIA. Such notice shall either describe the exact nature of the information requested or provide copies of the records or portions thereof containing the confidential commercial information. The FOIA Officer shall also notify the requester that notice and opportunity to object has been given to the submitter.

(b) Where notice is required. Notice shall be given to a submitter when:

(1) The information has been designated by the submitter as confidential commercial information protected from disclosure. Submitters of confidential commercial information shall use good faith efforts to designate, either at the time of submission or a reasonable time thereafter, those portions of their submissions they deem protected from disclosure under Exemption 4 of the FOIA. Such designation shall be deemed to have expired ten years after the date of submission, unless the requester provides reasonable justification for a designation period of greater duration; or

(2) The FOIA Officer has reason to believe that the information may be protected from disclosure under Exemption 4 of the FOIA.

(c) Where notice is discretionary. If the FOIA Officer has reason to believe that information submitted to the Commission may be protected from disclosure under any other exemption of the FOIA, the FOIA Officer may, in his or her discretion, provide the submitter with notice and an opportunity to object to the release of that information.

(d) Opportunity to object to disclosure. The FOIA Officer shall afford a submitter a reasonable period of time to provide the FOIA Officer with a detailed written statement of any objection to disclosure. The statement shall specify all grounds for withholding any of the information under any exemption of the FOIA, and if Exemption 4 applies, shall demonstrate the reasons the submitter believes the information to be confidential commercial information that is exempt from disclosure. Whenever possible, the submitter's claim of confidentiality shall be supported by a statement or certification by an officer or authorized representative of the submitter. In the event a submitter fails to respond to the notice in the time specified, the submitter will be considered to have no objection to the disclosure of the information. Information provided by the submitter that is received after the disclosure decision has been made will not be considered. Information provided by a submitter pursuant to this paragraph may itself be subject to disclosure under the FOIA.

(e) Notice of intent to disclose. The FOIA Officer shall carefully consider a submitter's objections and specific grounds for nondisclosure prior to determining whether to disclose the information requested. Whenever the FOIA Officer determines that disclosure is appropriate, the FOIA Officer shall, within a reasonable number of days prior to disclosure, provide the submitter with written notice of the intent to disclose which shall include a statement of the reasons for which the submitter's objections were overruled, a description of the information to be disclosed, and a specific disclosure date. The FOIA Officer shall also notify the requester that the requested records will be made available.

(f) Notice of lawsuit. If the requester files a lawsuit seeking to compel disclosure of confidential commercial information, the FOIA Officer shall promptly notify the submitter of this action. If a submitter files a lawsuit seeking to prevent disclosure of confidential commercial information, the FOIA Officer shall notify the requester.

(g) Exceptions to the notice requirements under this section. The notice requirements under paragraphs (a) and (b) of this section shall not apply if:

(1) The FOIA Officer determines that the information should not be disclosed pursuant to Exemption 4 and/or any other exemption of the FOIA;

(2) The information lawfully has been published or officially made available to the public;

(3) Disclosure of the information is required by law (other than the FOIA);

(4) The information requested is not designated by the submitter as exempt from disclosure in accordance with this part, when the submitter had the opportunity to do so at the time of submission of the information or within a reasonable time thereafter, unless the agency has substantial reason to believe that disclosure of the information would result in competitive harm; or

(5) The designation made by the submitter in accordance with this part appears obviously frivolous. When the FOIA Officer determines that a submitter was frivolous in designating information as confidential, the FOIA Officer must provide the submitter with written notice of any final administrative disclosure determination within a reasonable number of days prior to the specified disclosure date, but no opportunity to object to disclosure will be offered.

§ 517.8 Appeals.

(a) Right of appeal. The requester has the right to appeal to the FOIA Appeals Officer any adverse determination.

(b) Notice of Appeal. (1) Time for appeal. To be considered timely, an appeal must be postmarked, or in the case of electronic submissions, transmitted, no later than ninety (90) calendar days after the date of the response or after the time limit for response by the FOIA Officer has expired. Prior to submitting an appeal any outstanding fees associated with FOIA requests must be paid in full.

(2) Form of appeal. An appeal shall be initiated by filing a written notice of appeal. The notice shall be accompanied by copies of the original request and adverse determination. To expedite the appellate process and give the requester an opportunity to present his/her arguments, the notice should contain a brief statement of the reasons why the requester believes the adverse determination to have been in error. Requesters may submit appeals by mail, facsimile, or electronically. Appeals sent by mail shall be addressed to the National Indian Gaming Commission, Attn: FOIA Appeals Officer, 1849 C Street NW., Mailstop #1621, Washington, DC 20240. Appeals may also be submitted via electronic mail at [email protected] or through the NIGC's Web site. To facilitate handling, the requester should mark both the appeal letter and envelope, or subject line of the electronic transmission “Freedom of Information Act Appeal.”

(c) Final agency determinations. The FOIA Appeals Officer shall issue a final written determination, stating the basis for its decision, within twenty (20) working days after receipt of a notice of appeal. If the determination is to provide access to the requested records, the FOIA Officer shall make those records immediately available to the requester. If the determination upholds the adverse determination, the FOIA Appeals Officer shall notify the requester of the determination, the ability to obtain mediation services offered by the Office of Government Information Services as a non-exclusive alternative to litigation, and the right to obtain judicial review in the appropriate Federal district court.

(d) When appeal is required. Before seeking review by a court of the FOIA Officer's adverse determination, a requester generally must first submit a timely administrative appeal.

§ 517.9 Fees.

(a) In general. Fees pursuant to the FOIA shall be assessed according to the schedule contained in paragraph (b) of this section for services rendered by the Commission in response to requests for records under this part. All fees shall be charged to the requester, except where the charging of fees is limited under paragraph (d) or (e) of this section or where a waiver or reduction of fees is granted under paragraph (c) of this section. Payment of fees should be by check or money order made payable to the Treasury of the United States..

(b) Charges for responding to FOIA requests. The following fees shall be assessed in responding to requests for records submitted under this part, unless a waiver or reduction of fees has been granted pursuant to paragraph (c) of this section:

(1) Duplication. The FOIA Officer will honor a requester's preference for receiving a record in a particular form or format where he or she can readily reproduce the record in the form or format requested. When photocopies are supplied, the FOIA Officer shall charge $0.15 per page for copies of documents up to 81/2 x 14. For copies of records produced on tapes, compact discs, or other media, the FOIA Officer shall charge the direct costs of producing the copy, including operator time. Where paper documents must be scanned in order to comply with a requester's preference to receive the records in electronic format, the requester must also pay the direct costs associated with scanning those materials. For other methods of reproduction, the FOIA Officer shall charge the actual direct costs of producing the documents.

(2) Searches. (i) Manual searches. Whenever feasible, the FOIA Officer will charge at the salary rate (basic pay plus 16% percent for benefits) of the employee or employees performing the search. However, where a homogenous class of personnel is used exclusively in a search (e.g., all administrative/clerical or all professional/executive), the FOIA Officer shall charge $4.45 per quarter hour for clerical time and $7.75 per quarter hour for professional time. Charges for search time less than a full hour will be in increments of quarter hours.

(ii) Computer searches. The FOIA Officer will charge the actual direct costs of conducting computer searches. These direct costs shall include the cost of operating the central processing unit for that portion of operating time that is directly attributable to searching for requested records, as well as the costs of operator/programmer salary apportionable to the search. For requests that require the creation of a new computer program to locate requested records, the Commission will charge the direct costs associated with such program's creation. The FOIA Officer must notify the requester of the costs associated with creating such a program, and the requester must agree to pay the associated costs before the costs may be incurred.

(3) Review fees. Review fees shall be assessed only with respect to those requesters who seek records for a commercial use under paragraph (d)(1) of this section. Review fees shall be assessed at the same rates as those listed under paragraph (b)(2)(i) of this section. Review fees shall be assessed only for the initial record review, for example, review undertaken when the FOIA Officer analyzes the applicability of a particular exemption to a particular record or portion thereof at the initial request level. No charge shall be assessed at the administrative appeal level of an exemption already applied.

(c) Statutory waiver. Documents shall be furnished without charge or at a charge below that listed in paragraph (b) of this section where it is determined, based upon information provided by a requester or otherwise made known to the FOIA Officer, that disclosure of the requested information is in the public interest. Disclosure is in the public interest if it is likely to contribute significantly to public understanding of government operations and is not primarily for commercial purposes. Requests for a waiver or reduction of fees shall be considered on a case by case basis. In order to determine whether the fee waiver requirement is met, the FOIA Officer shall consider the following six factors:

(1) The subject of the request. Whether the subject of the requested records concerns the operations or activities of the government;

(2) The informative value of the information to be disclosed. Whether the disclosure is likely to contribute to an understanding of government operations or activities;

(3) The contribution to an understanding of the subject by the general public likely to result from disclosure. Whether disclosure of the requested information will contribute to public understanding;

(4) The significance of the contribution to public understanding. Whether the disclosure is likely to contribute significantly to public understanding of government operations or activities;

(5) The existence and magnitude of commercial interest. Whether the requester has a commercial interest that would be furthered by the requested disclosure; and, if so

(6) The primary interest in disclosure. Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester.

(d) Types of requesters. There are four categories of FOIA requesters: Commercial use requesters, educational and non-commercial scientific institutional requesters; representative of the news media; and all other requesters. These terms are defined in § 517.3. The following specific levels of fees are prescribed for each of these categories:

(1) Commercial use requesters. The FOIA Officer shall charge commercial use requesters the full direct costs of searching for, reviewing, and duplicating requested records.

(2) Educational and non-commercial scientific institutions requesters. The FOIA Officer shall charge educational and non-commercial scientific institution requesters for document duplication only, except that the first 100 pages of copies shall be provided without charge.

(3) News media requesters. The FOIA Officer shall charge news media requesters for document duplication costs only, except that the first 100 pages of paper copies shall be provided without charge.

(4) All other requesters. The FOIA Officer shall charge requesters who do not fall into any of the categories in paragraphs (d)(1) through (3) of this section fees which cover the full reasonable direct costs incurred for searching for and reproducing records if that total costs exceeds $15.00, except that the first 100 pages and the first two hours of manual search time shall not be charged. To apply this term to computer searches, the FOIA Officer shall determine the total hourly cost of operating the central processing unit and the operator's salary (plus 16 percent for benefits). When the cost of the search equals the equivalent dollar amount of two hours of the salary of the person performing the search, the FOIA Officer will begin assessing charges for the computer search.

(e) Restrictions on charging fees. (1) Ordinarily, no charges will be assessed when requested records are not found or when records located are withheld as exempt. However, if the requester has been notified of the estimated cost of the search time and has been advised specifically that the requested records may not exist or may be withheld as exempt, fees may be charged.

(2) If the Commission fails to comply with the FOIA's time limits for responding to a request, it may not charge search fees or, in cases where records are not sought for commercial use and the request is made by an educational institution, non-commercial scientific institution, or representative of the news media, duplication fees, except as described in paragraphs (e)(2)(i)-(iii) of this section.

(i) If the FOIA Officer determines that unusual circumstances, as defined by the FOIA, apply and provides timely written notice to the requester in accordance with the FOIA, then a failure to comply with the statutory time limit shall be excused for an additional 10 days.

(ii) If the FOIA Officer determines that unusual circumstances, as defined by the FOIA, apply and more than 5,000 pages are necessary to respond to the request, then the Commission may charge search fees and duplication fees, where applicable, if the following steps are taken. The FOIA Officer must:

(A) Provide timely written notice of unusual circumstances to the requester in accordance with the FOIA and

(B) Discuss with the requester via written mail, email, or telephone (or made not less than three good-faith attempts to do so) how the requester could effectively limit the scope of the request in accordance with 5 U.S.C. 552(a)(6)(B)(ii).

(iii) If a court determines that exceptional circumstances exist, as defined by the FOIA, then a failure to comply with the time limits shall be excused for the length of time provided by the court order.

(f) Charges for interest. The FOIA Officer may assess interest charges on an unpaid bill, accrued under previous FOIA request(s), starting the 31st day following the day on which the bill was sent to you. A fee received by the FOIA Officer, even if not processed will result in a stay of the accrual of interest. The Commission shall follow the provisions of the Debt Collection Act of 1982, as amended, its implementing procedures, and the Commission's debt collection regulations located in 25 CFR part 513 to recover any indebtedness owed to the Commission.

(g) Aggregating requests. The requester or a group of requesters may not submit multiple requests at the same time, each seeking portions of a document or documents solely in order to avoid payment of fees. When the FOIA Officer reasonably believes that a requester is attempting to divide a request into a series of requests to evade an assessment of fees, the FOIA Officer may aggregate such request and charge accordingly.

(h) Advance payment of fees. Fees may be paid upon provision of the requested records, except that payment may be required prior to that time if the requester has previously failed to pay fees or if the FOIA Officer determines that total fee will exceed $250.00. When payment is required in advance of the processing of a request, the time limits prescribed in § 517.6 shall not be deemed to begin until the FOIA Officer has received payment of the assessed fee.

(i) Payment of fees. Where it is anticipated that the cost of providing the requested record will exceed $25.00 after the free duplication and search time has been calculated, and the requester has not indicated in advance a willingness to pay a fee greater than $25.00, the FOIA Officer shall promptly notify the requester of the amount of the anticipated fee or a portion thereof, which can readily be estimated. The notification shall offer the requester an opportunity to confer with agency representatives for the purpose of reformulating the request so as to meet the requester's needs at a reduced cost.

Dated: October 10, 2017. Jonodev O. Chaudhuri, Chairman. Kathryn Isom-Clause, Vice Chair. E. Sequoyah Simermeyer, Associate Commissioner.
[FR Doc. 2017-22393 Filed 10-16-17; 8:45 am] BILLING CODE 7565-01-P
82 199 Tuesday, October 17, 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 the CALIFORNIA TABLE GRAPE COMMISSION of FRESNO, CALIFORNIA, an exclusive license to the variety of table grape described in U.S. Plant Patent Application Serial No. 15/731,420, “GRAPEVINE NAMED `SOLBRIO,' ” filed on JUNE 6, 2017.

DATES:

Comments must be received on or before November 16, 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 PLANT VARIETY are assigned to the United States of America, as represented by the Secretary of Agriculture. 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. 2017-22490 Filed 10-16-17; 8:45 am] BILLING CODE 3410-03-P
DEPARTMENT OF AGRICULTURE National Agricultural Statistics Service Notice of the Advisory Committee on Agriculture Statistics Meeting AGENCY:

National Agricultural Statistics Service, USDA.

ACTION:

Notice of public meeting.

SUMMARY:

In accordance with the Federal Advisory Committee Act, the National Agricultural Statistics Service (NASS) announces a meeting of the Advisory Committee on Agriculture Statistics.

DATES:

The Committee meeting will be held from 8:00 a.m. to 5:30 p.m. on Thursday, November 2, 2017, and from 8:00 a.m. to 12:30 p.m. on Friday, November 3, 2017. There will be an opportunity for public questions and comments at 8:15 a.m. on Friday, November 3, 2017. All times mentioned herein refer to Eastern Standard Time.

ADDRESSES:

The Committee meeting will take place at The Brown Hotel, 335 W Broadway, Louisville, KY 40202. Written comments may be filed before or up to two weeks after the meeting with the contact person identified herein at: U.S. Department of Agriculture, National Agricultural Statistics Service, 1400 Independence Avenue SW., Room 5041-A, South Building, Washington, DC 20250-2000.

FOR FURTHER INFORMATION CONTACT:

Renee Picanso, Associate Administrator, National Agricultural Statistics Service, telephone: 202-720-4333, eFax: 855-493-0445, or email: [email protected] General information about the committee can also be found at https://www.nass.usda.gov/About_NASS/index.php.

SUPPLEMENTARY INFORMATION:

The Advisory Committee on Agriculture Statistics, which consists of 20 members appointed from 7 categories covering a broad range of agricultural disciplines and interests, has scheduled a meeting on November 2-3, 2017. During this time the Advisory Committee will discuss topics including the status of NASS programs, Census of Agriculture Updates, Census of Agriculture Program Plans, Big Data, and the NASS Strategic Plan.

The Committee meeting is open to the public. The public is asked to pre-register for the meeting at least 10 business days prior to the meeting. Your pre-registration must state the names of each person in your group, organization, or interest represented; the number of people planning to give oral comments, if any; and whether anyone in your group requires special accommodations. Submit registrations to Executive Secretary, Advisory Committee on Agriculture Statistics, via eFax: 855-493-0445, or email: [email protected] Members of the public who request to give oral comments to the Committee must arrive at the meeting site by 8:00 a.m. on Friday, November 3, 2017. Written comments by attendees or other interested stakeholders will be welcomed for the public record before and up to two weeks following the meeting. The public may file written comments by mail to the Executive Director, Advisory Committee on Agriculture Statistics, U.S. Department of Agriculture, National Agricultural Statistics Service, 1400 Independence Avenue SW., Room 5041-A South Building, Washington, DC 20250-2000. Written comments can also be sent via eFax: 855-493-0445, or email: [email protected] All statements will become a part of the official records of the USDA Advisory Committee on Agriculture Statistics and will be kept on file for public review in the office of the Executive Director, Advisory Committee on Agriculture Statistics, U.S. Department of Agriculture, Washington, DC 20250.

Signed at Washington, DC, September 28, 2017. R. Renee Picanso, Associate Administrator, National Agricultural Statistics Service.
[FR Doc. 2017-22491 Filed 10-16-17; 8:45 am] BILLING CODE 3410-20-P
DEPARTMENT OF COMMERCE International Trade Administration [C-533-862] Certain Polyethylene Terephthalate Resin From India: Notice of Rescission of Countervailing Duty Administrative Review, 2015-2016 AGENCY:

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

SUMMARY:

The Department of Commerce (the Department) is rescinding the administrative review of the countervailing duty (CVD) order on certain polyethylene terephthalate resin (PET resin) from India for the period August 14, 2015, to December 31, 2016, based on a timely withdrawal of the request for review.

DATES:

Applicable October 17, 2017.

FOR FURTHER INFORMATION CONTACT:

John Corrigan, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-7438.

SUPPLEMENTARY INFORMATION:

Background

On May 1, 2017, the Department published in the Federal Register a notice of opportunity to request an administrative review of the CVD order on PET resin from India for the period August 14, 2015, to December 31, 2016.1 On May 31, 2017, the Department received a timely request, in accordance with section 751(a) of the Tariff Act of 1930, as amended (the Act), from Ester Industries Ltd. (Ester), an exporter of subject merchandise, to conduct an administrative review of this CVD order.2 Based upon this request, on July 6, 2017, in accordance with section 751(a) of the Act, the Department published in the Federal Register a notice of initiation of administrative review for this CVD order, with respect to Ester.3 On July 17, 2017, Ester timely withdrew its request for an administrative review.4

1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 82 FR 20315 (May 1, 2017).

2See Ester's May 31, 2017, Request for CVD Administrative Review.

3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 82 FR 31292 (July 6, 2017) (Initiation Notice).

4See Ester's July 17, 2017, Withdrawal of Administrative Review Request.

Rescission of Review

Pursuant to 19 CFR 351.213(d)(1), the Secretary will rescind an administrative review, in whole or in part, if a party who requested the review withdraws the request within 90 days of the date of publication of the notice of initiation of the requested review. As noted above, Ester withdrew its request for review by the 90-day deadline. No other party requested an administrative review of Ester. Accordingly, we are rescinding the administrative review of the CVD order on PET resin from India covering the period August 14, 2015, to December 31, 2016.

Assessment

The Department will instruct Customs and Border Protection (CBP) to assess CVDs on all appropriate entries at a rate equal to the cash deposit of estimated CVDs required at the time of entry, or withdrawal from warehouse, for consumption, during the period August 14, 2015, to December 31, 2016, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of this notice in the Federal Register.

Notification Regarding Administrative Protective Order

This notice serves as a reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under an APO in accordance with 19 CFR 351.305(a)(3). Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction. This notice is issued and published in accordance with sections 751 of the Act and 19 CFR 351.213(d)(4).

Dated: October 10, 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.
[FR Doc. 2017-22458 Filed 10-16-17; 8:45 am] BILLING CODE 3510-DS-P
DEPARTMENT OF COMMERCE International Trade Administration [C-552-819] Certain Steel Nails From the Socialist Republic of Vietnam: Final Results of Countervailing Duty Administrative Review, and Partial Rescission of Countervailing Duty Administrative Review; 2014-2015 AGENCY:

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

SUMMARY:

The Department of Commerce (the Department) has completed its administrative review of the countervailing duty (CVD) order on certain steel nails (steel nails) from the Socialist Republic of Vietnam (Vietnam) covering the period November 3, 2014, through December 31, 2015. We have determined, based on adverse facts available, that the mandatory respondents Truong Vinh Ltd. (Truong Vinh) and Rich State Inc. (Rich State) received countervailable subsidies during the period of review (POR). The final net subsidy rates are listed below in the section, “Final Results of Administrative Review.” We are also rescinding the review for Dicha Sombrilla Co., Ltd. (Dicha Sombrilla) as we have concluded that Dicha Sombrilla did not have reviewable entries during the POR.

DATES:

Applicable October 17, 2017.

FOR FURTHER INFORMATION CONTACT:

Yasmin Bordas, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3813.

SUPPLEMENTARY INFORMATION:

Background

On June 27, 2017, the Department published the Preliminary Results. 1 We invited interested parties to comment on the Preliminary Results, 2 but received none. Accordingly, no decision memorandum accompanies this Federal Register notice, and the final results are unchanged from the Preliminary Results.

1See Certain Steel Nails from the Socialist Republic of Vietnam: Preliminary Results of Countervailing Duty Administrative Review and Intent to Rescind, in Part, 82 FR 29022 (June 27, 2017) (Steel Nails Vietnam Prelim).

2Id. at 29023.

Scope of the Order

The merchandise covered by this order is certain steel nails having a nominal shaft length not exceeding 12 inches.3 Certain steel nails include, but are not limited to, nails made from round wire and nails that are cut from flat-rolled steel. Certain steel nails may consist of a one piece construction or be constructed of two or more pieces. Certain steel nails may be produced from any type of steel, and may have any type of surface finish, head type, shank, point type and shaft diameter. Finishes include, but are not limited to, coating in vinyl, zinc (galvanized, including but not limited to electroplating or hot dipping one or more times), phosphate, cement, and paint. Certain steel nails may have one or more surface finishes. Head styles include, but are not limited to, flat, projection, cupped, oval, brad, headless, double, countersunk, and sinker. Shank styles include, but are not limited to, smooth, barbed, screw threaded, ring shank and fluted. Screw-threaded nails subject to this proceeding are driven using direct force and not by turning the nail using a tool that engages with the head. Point styles include, but are not limited to, diamond, needle, chisel and blunt or no point. Certain steel nails may be sold in bulk, or they may be collated in any manner using any material.

3 The shaft length of certain steel nails with flat heads or parallel shoulders under the head shall be measured from under the head or shoulder to the tip of the point. The shaft length of all other certain steel nails shall be measured overall.

Excluded from the scope of this order are certain steel nails packaged in combination with one or more non-subject articles, if the total number of nails of all types, in aggregate regardless of size, is less than 25. If packaged in combination with one or more non-subject articles, certain steel nails remain subject merchandise if the total number of nails of all types, in aggregate regardless of size, is equal to or greater than 25, unless otherwise excluded based on the other exclusions below.

Also excluded from the scope are certain steel nails with a nominal shaft length of one inch or less that are (a) a component of an unassembled article, (b) the total number of nails is sixty (60) or less, and (c) the imported unassembled article falls into one of the following eight groupings: (1) Builders' joinery and carpentry of wood that are classifiable as windows, French-windows and their frames; (2) builders' joinery and carpentry of wood that are classifiable as doors and their frames and thresholds; (3) swivel seats with variable height adjustment; (4) seats that are convertible into beds (with the exception of those classifiable as garden seats or camping equipment); (5) seats of cane, osier, bamboo or similar materials; (6) other seats with wooden frames (with the exception of seats of a kind used for aircraft or motor vehicles); (7) furniture (other than seats) of wood (with the exception of (i) medical, surgical, dental or veterinary furniture; and (ii) barbers' chairs and similar chairs, having rotating as well as both reclining and elevating movements); or (8) furniture (other than seats) of materials other than wood, metal, or plastics (e.g., furniture of cane, osier, bamboo or similar materials). The aforementioned imported unassembled articles are currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4418.10, 4418.20, 9401.30, 9401.40, 9401.51, 9401.59, 9401.61, 9401.69, 9403.30, 9403.40, 9403.50, 9403.60, 9403.81 or 9403.89.

Also excluded from the scope of this order are steel nails that meet the specifications of Type I, Style 20 nails as identified in Tables 29 through 33 of ASTM Standard F1667 (2013 revision).

Also excluded from the scope of this order are nails suitable for use in powder-actuated hand tools, whether or not threaded, which are currently classified under HTSUS subheadings 7317.00.20.00 and 7317.00.30.00.

Also excluded from the scope of this order are nails having a case hardness greater than or equal to 50 on the Rockwell Hardness C scale (HRC), a carbon content greater than or equal to 0.5 percent, a round head, a secondary reduced-diameter raised head section, a centered shank, and a smooth symmetrical point, suitable for use in gas-actuated hand tools.

Also excluded from the scope of this order are corrugated nails. A corrugated nail is made up of a small strip of corrugated steel with sharp points on one side.

Also excluded from the scope of this order are thumb tacks, which are currently classified under HTSUS subheading 7317.00.10.00.

Certain steel nails subject to this order are currently classified under HTSUS subheadings 7317.00.55.02, 7317.00.55.03, 7317.00.55.05, 7317.00.55.07, 7317.00.55.08, 7317.00.55.11, 7317.00.55.18, 7317.00.55.19, 7317.00.55.20, 7317.00.55.30, 7317.00.55.40, 7317.00.55.50, 7317.00.55.60, 7317.00.55.70, 7317.00.55.80, 7317.00.55.90, 7317.00.65.30, 7317.00.65.60 and 7317.00.75.00, 7318.29.0000, and 7806.00.8000. Certain steel nails subject to this order also may be classified under HTSUS subheading 8206.00.00.00 or other HTSUS subheadings.

While the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of this order is dispositive.

Partial Rescission of Administrative Review

We are rescinding this administrative review for Dicha Sombrilla. In the Preliminary Results, we made a preliminary determination to rescind the review for Dicha Sombrilla as it did not have reviewable entries during the POR.4 We received no comments with regard to these preliminary results, and are accordingly rescinding the review for Dicha Sombrilla in accordance with 19 CFR 351.213(d)(3).

4See Steel Nails Vietnam Prelim, at 29023.

Methodology

The Department conducted this review in accordance with section 751(a)(1)(A) of the Act. For each of the subsidy programs found countervailable, we find that there is a subsidy, i.e., a financial contribution by an “authority” that confers a benefit to the recipient, and that the subsidy is specific.5 For a full description of the methodology underlying our conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.6

5See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity.

6See Steel Nails Vietnam Prelim, and accompanying Issues and Decision Memorandum.

Final Results of Administrative Review

In accordance with 19 CFR 351.221(b)(5), we find the countervailable subsidy rates for the producers/exporters under review to be as follows:

Company Subsidy
  • rate
  • (percent)
  • Truong Vinh Ltd 313.97 Rich State Inc 313.97
    Assessment Rates and Cash Deposit Requirement

    Consistent with 19 CFR 351.221(b)(2), we intend to issue assessment instructions to U.S. Customs and Border Protection (CBP) 15 days after the date of these final results of review, to liquidate shipments of subject merchandise entered, or withdrawn from warehouse, for consumption, on or after November 3, 2014, through December 31, 2015, at the ad valorem rates listed above.

    In accordance with section 751(a)(1) of the Act, we intend to instruct CBP to collect cash deposits of estimated CVDs in the amounts shown for each of the respective companies listed above. For all non-reviewed firms, including Dicha Sombrilla, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    Administrative Protective Orders

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

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act.

    Dated: October 11, 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.
    [FR Doc. 2017-22457 Filed 10-16-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Highly Migratory Species Vessel Logbooks and Cost-Earnings Data Reports.

    OMB Control Number: 0648-0371.

    Form Number(s): NOAA Form 88-191.

    Type of Request: Regular (revision and extension of a currently approved information collection).

    Number of Respondents: 7,213.

    Average Hours per Response: 10 minutes for cost/earnings summaries attached to logbook reports, 30 minutes for annual expenditure forms, 12 minutes for logbook catch trip and set reports, 2 minutes for negative logbook catch reports; cost-earning trip reports and annual expenditure reports, 30 minute each.

    Burden Hours: 31,033.

    Needs and Uses: This request is for revision and extension of a current information collection.

    Under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the National Oceanic and Atmospheric Administration's (NOAA) National Marine Fisheries Service (NMFS) is responsible for management of the nation's marine fisheries. In addition, NMFS must comply with the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), under which the agency implements recommendations by the International Commission for the Conservation of Atlantic Tunas (ICCAT), as necessary and appropriate.

    This information collection is being revised to include modified trip summary and cost-earnings logbook forms for the Atlantic Tunas General Category, Swordfish General Commercial, and Atlantic Highly Migratory Species (HMS) Charter/Headboat fisheries. Reporting burden associated with logbooks for the Atlantic Tunas General Category and HMS Charter/Headboat fisheries has been authorized under previous versions of this information collection, but the reporting burden associated with the Swordfish General Commercial permit is new as it was implemented only in 2014, and the category has not previously been selected for logbook reporting.

    NMFS collects information via vessel logbooks to monitor the U.S. catch of Atlantic swordfish, sharks, billfish, and tunas in relation to the quotas, thereby ensuring that the United States complies with its domestic and international obligations. The HMS logbook program, OMB Control No. 0648-0371, was specifically designed to collect the vessel level information needed for the management of Atlantic HMS, and includes set forms, trip forms, negative reports, and cost-earning requirements for both commercial and recreational vessels. The information supplied through the HMS logbook program provides the catch and effort data on a per-set or per-trip level of resolution for both directed and incidental species. In addition to HMS fisheries, the HMS logbook program is also used to report catches of dolphin and wahoo by commercial and charter/headboat fisheries by vessels that do not possess other federal permits. Additionally, the HMS logbook collects data on incidental species, including sea turtles, which is necessary to evaluate the fisheries in terms of bycatch and encounters with protected species. While most HMS fishermen use the HMS logbook program, HMS can also be reported as part of several other logbook collections including the Northeast Region Fishing Vessel Trip Reports (0648-0212) and Southeast Region Coastal Logbook (0648-0016).

    These data are necessary to assess the status of HMS, dolphin, and wahoo in each fishery. International stock assessments for tunas, swordfish, billfish, and some species of sharks are conducted through ICCAT's Standing Committee on Research and Statistics periodically and provide, in part, the basis for ICCAT management recommendations which become binding on member nations. Domestic stock assessments for most species of sharks and for dolphin and wahoo are used as the basis of managing these species.

    Supplementary information on fishing costs and earnings has been collected via the HMS logbook program. This economic information enables NMFS to assess the economic impacts of regulatory programs on small businesses and fishing communities, consistent with the National Environmental Policy Act (NEPA), Executive Order 12866, the Regulatory Flexibility Act, and other domestic laws.

    Affected Public: Business and other for-profit organizations; individuals or households.

    Frequency: Annually and on occasion.

    Respondent's Obligation: Mandatory.

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

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

    Dated: October 12, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-22483 Filed 10-16-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF737 Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fisheries; Notice That Vendor Will Provide 2018 Cage Tags AGENCY:

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

    ACTION:

    Notice of vendor to provide fishing year 2018 cage tags.

    SUMMARY:

    NMFS informs surfclam and ocean quahog individual transferable quota (ITQ) allocation holders that they will be required to purchase their fishing year 2018 (January 1, 2018-December 31, 2018) cage tags from the National Band and Tag Company. The intent of this notice is to comply with regulations for the Atlantic surfclam and ocean quahog fisheries and to promote efficient distribution of cage tags.

    FOR FURTHER INFORMATION CONTACT:

    Anna Macan, Fishery Management Specialist, (978) 281-9165; fax (978) 281-9161.

    SUPPLEMENTARY INFORMATION:

    The Federal Atlantic surfclam and ocean quahog fishery regulations at 50 CFR 648.77(b) authorize the Regional Administrator of the Greater Atlantic Region, NMFS, to specify in the Federal Register a vendor from whom cage tags, required under the Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP), shall be purchased. Notice is hereby given that National Band and Tag Company of Newport, Kentucky, is the authorized vendor of cage tags required for the fishing year 2018 Federal surfclam and ocean quahog fisheries. Detailed instructions for purchasing these cage tags will be provided in a letter to ITQ allocation holders in these fisheries from NMFS within the next several weeks.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 11, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-22401 Filed 10-16-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Groundfish Trawl Catcher Processor Economic Data Report.

    OMB Control Number: 0648-0564.

    Form Number(s): None.

    Type of Request: Regular (extension of a currently approved information collection).

    Number of Respondents: 30.

    Average Hours per Response: 22 hours per report.

    Burden Hours: 660.

    Needs and Uses: This request is for extension of a current information collection.

    The Groundfish Trawl Catcher Processor Economic Data Report (the EDR) collects information for the Gulf of Alaska Trawl Groundfish Economic Data Report Program (GOA Trawl EDR Program) and for Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

    The GOA Trawl EDR Program evaluates the economic effects of current and future groundfish and prohibited species catch (PSC) management measures for GOA trawl fisheries. This program provides the National Marine Fisheries Service (NMFS) and the North Pacific Fishery Management Council with baseline information on affected harvesters, crew, processors, and communities in the GOA.

    Amendment 80 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area primarily allocates several BSAI non-pollock trawl groundfish fisheries among fishing sectors, and facilitates the formation of harvesting cooperatives among vessels in the Non-American Fisheries Act (non-AFA) Trawl Catcher/Processor Cooperative Program. This program established a limited access privilege program for the non-AFA trawl catcher/processor sector.

    Data collected through the EDR includes labor information, revenues received, capital and operational expenses, and other operational or financial data. This information is used to assess the economic effects of Amendment 80 on vessels or entities regulated by the non-AFA Trawl Catcher/Processor Cooperative Program, and impacts of major changes in the groundfish management regime, including allocation of PSC species and target species to harvesting cooperatives.

    The EDR is submitted annually by vessel owners and leaseholders of GOA trawl vessels, processors receiving deliveries from those trawl vessels, and Amendment 80 catcher/processors harvesting in the GOA and BSAI. Submission of the EDR is mandatory.

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

    Frequency: Annually.

    Respondent's Obligation: Required to obtain or retain a benefit.

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

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

    Dated: October 12, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-22482 Filed 10-16-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF417 Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops; Correction AGENCY:

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

    ACTION:

    Notice of public workshops; correction.

    SUMMARY:

    NMFS cancelled the Atlantic Shark Identification workshop originally scheduled for September 7, 2017, in Panama City, FL, and the Protected Species Safe Handling, Release, and Identification workshop originally scheduled for September 13, 2017, also in Panama City, FL. The workshops were cancelled due to severe weather and damage resulting from Hurricane Irma. The workshops were announced in the Federal Register on June 8, 2017. NMFS has rescheduled the Atlantic Shark Identification workshop for November 30, 2017. NMFS has also rescheduled the Protected Species Safe Handling, Release, and Identification workshop for November 28, 2017.

    DATES:

    The Atlantic Shark Identification workshop originally scheduled for September 7, 2017, in Panama City, FL, has been rescheduled to November 30, 2017, and the Protected Species Safe Handling, Release, and Identification workshop originally scheduled for September 13, 2017, in Panama City, FL, has been rescheduled to November 28, 2017. See SUPPLEMENTARY INFORMATION for further details.

    ADDRESSES:

    The locations of the rescheduled workshops have not changed. The Atlantic Shark Identification workshop and the Protected Species Safe Handling, Release, and Identification workshop will be held in Panama City, FL. See SUPPLEMENTARY INFORMATION for further details.

    FOR FURTHER INFORMATION CONTACT:

    Rick Pearson by phone: (727) 824-5399, or by fax: (727) 824-5398.

    SUPPLEMENTARY INFORMATION:

    The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the Internet at: http://www.nmfs.noaa.gov/sfa/hms/compliance/workshops/index.html.

    Correction

    In the Federal Register of June 8, 2017, (82 FR 26670) in FR Doc. 2017-11923, on page 26670, in the third column, the date of the third Atlantic Shark Identification workshop listed under the heading “Workshop Dates, Times, and Locations” is corrected to read as follows:

    3. November 30, 2017, 12 p.m.-4 p.m., LaQuinta Inn & Suites, 7115 Coastal Palms Boulevard, Panama City, FL 32408.

    Also, in the Federal Register of June 8, 2017, (82 FR 26670) in FR Doc. 2017-11923, on page 26671, in the first column, the date of the sixth Protected Species Safe Handling, Release, and Identification workshop listed under the heading “Workshop Dates, Times, and Locations” is corrected to read as follows:

    6. November 28, 2017, 9 a.m.-5 p.m., Hilton Garden Inn, 1101 North Highway 231, Panama City, FL 32405.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: October 11, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-22441 Filed 10-16-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Department of the Air Force Notice of Intent To Grant an Exclusive Patent License AGENCY:

    Air Force Materiel Command, Department of the Air Force.

    ACTION:

    Notice of intent.

    SUMMARY:

    Pursuant to the provisions of Part 404 of Title 37, Code of Federal Regulations, which implements Public Law 96-517, as amended; the Department of the Air Force announces its intention to grant Battle Sight Technology, LLC of Germantown, OH, a partial exclusive license to practice the invention in any right, title and interest the Air Force has in: U.S. Patent No. 8,137,597 issued on 20 March 2012 entitled “ONE-PART, PRESSURE ACTIVATED CHEMILUMINESCENT MATERIAL,” by Dr. Lawrence Brott.

    DATES:

    Written Objections must be filed no later than fifteen (15) calendar days after the date of the publication of this Notice.

    ADDRESSES:

    Submit written objections to the Air Force Materiel Command Law Office, AFMCLO, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109; Facsimile: (937) 255-3733.

    FOR FURTHER INFORMATION CONTACT:

    Air Force Materiel Command Law Office, AFMCLO, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109.

    SUPPLEMENTARY INFORMATION:

    The Department of the Air Force intends to grant a license for the patent and pending applications unless a written objection is received within fifteen (15) calendar days from the date of publication of this Notice. Written objection should be sent to: Air Force Materiel Command Law Office, AFMCLO/JAZ, 2240 B Street, Rm. 204, Wright-Patterson AFB, OH 45433-7109; Facsimile: (937) 255-3733.

    Henry Williams, Acting Air Force Federal Register Liaison Officer.
    [FR Doc. 2017-22476 Filed 10-16-17; 8:45 am] BILLING CODE 5001-10-P
    DEPARTMENT OF EDUCATION [Docket No. ED-2017-ICCD-0124] Agency Information Collection Activities; Comment Request; Implementation of Title I/II-A Program Initiatives AGENCY:

    Institute of Education Sciences (IES), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, ED is proposing a reinstatement of a previously approved information collection.

    DATES:

    Interested persons are invited to submit comments on or before December 18, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0124. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 216-32, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Erica Johnson, 202-245-7676.

    SUPPLEMENTARY INFORMATION:

    The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.

    Title of Collection: Implementation of Title I/II-A Program Initiatives.

    OMB Control Number: 1850-0902.

    Type of Review: A reinstatement of a previously approved information collection.

    Respondents/Affected Public: State, Local, and Tribal Governments.

    Total Estimated Number of Annual Responses: 770.

    Total Estimated Number of Annual Burden Hours: 821.

    Abstract: The second round of data collection for the Implementation of Title I/II-A Program Initiatives study will continue to examine the implementation of policies promoted through the Elementary and Secondary Education Act (ESEA) at the state and district levels, in four core areas: School accountability and support for low-performing schools, improving teacher and leader effectiveness, state content standards, and assessments. The first round of data collection for this study was conducted in Spring and Summer 2014.

    The purpose of this follow-up data collection is to provide policy makers with detailed information on the core policies promoted by Title I and Title II-A being implemented at the state and district levels, and the resources and supports they provide to schools and teachers. The timing of the data collection is critical to provide early information on the implementation of the Every Student Succeeds Act (ESSA) in the 2017-18 school year.

    This study will rely on information collected from existing sources, for which there are no respondents or burden, and on a set of revised state and district surveys based on the 2014 data collection in order to address the study's research questions. Extant data sources include (a) the National Assessment of Educational Progress (NAEP) and (b) EDFacts data.

    The revised surveys of states and school districts will begin in March 2018. All respondents will have the opportunity to complete an electronic (e.g., web-based) survey (or paper survey, if preferred). The survey respondents are described briefly below:

    State Surveys: The state survey will be sent to the chief state school officer in each of the 50 states and the District of Columbia. The state surveys will be administered using an electronic instrument divided into modules corresponding to the four core areas.

    School District Surveys. The school district survey will be sent to school superintendents from the same nationally representative sample of 570 school districts that participated in the 2014 survey, as well as a new nationally representative sample of 149 charter school districts. The district survey will be web-based and modularized, corresponding to the four core areas, to allow for completion by one or multiple respondents.

    Dated: October 12, 2017. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-22445 Filed 10-16-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2386-004, Project No. 2387-003, and Project No. 2388-004] City of Holyoke Gas & Electric Department; Notice Soliciting Scoping Comments

    Take notice that the following hydroelectric applications have been filed with the Commission and are available for public inspection.

    a. Type of Applications: Subsequent Licenses.

    b. Project Nos.: 2386-004, 2387-003, and 2388-004.

    c. Date filed: August 31, 2016.

    d. Applicant: City of Holyoke Gas & Electric Department.

    e. Names of Projects: Holyoke Number 1 Hydro Project, P-2386-004; Holyoke Number 2 Hydro Project, P-2387-003; and Holyoke Number 3 Hydro Project, P-2388-004.

    f. Locations: Holyoke Number 1 (P-2386-004) and Holyoke Number 2 (P-2387-003) are located between the first and second level canals, and Holyoke Number 3 (P-2388-004) is located between the second and third level canals on the Holyoke Canal System (Canal System), adjacent to the Connecticut River, in the city of Holyoke in Hampden County, Massachusetts. The projects do not occupy federal land.

    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791 (a)-825(r).

    h. Applicant Contact: Paul Ducheney, Superintendent, City of Holyoke Gas and Electric Department, 99 Suffolk Street, Holyoke, MA 01040, (413) 536-9340 or [email protected]

    i. FERC Contact: Kyle Olcott, (202) 502-8963 or [email protected]

    j. Deadline for filing scoping comments: November 9, 2017.

    The Commission strongly encourages electronic filing. Please file scoping comments 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 numbers P-2386-004, P-2387-003, and/or P-2388-004.

    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor 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.

    k. These applications are not ready for environmental analysis at this time.

    l. The City 1 project consists of: (1) An intake at the wall of the First Level Canal fed by the Canal System with two 14.7-foot-tall by 24.6-foot-wide trashrack screens with 3.5-inch clear spacing; (2) two parallel 10-foot-diameter, 36.5-foot-long penstocks; (3) a 50-foot-long by 38-foot-wide brick powerhouse with two 240-kilowatt and two 288-kilowatt turbine generator units; (4) two parallel 20-foot-wide, 328.5-foot-long brick arched tailrace conduits discharging into the Second Level Canal; and, (5) appurtenant facilities. There is no transmission line associated with the project as it is located adjacent to the substation of interconnection.

    The City 2 project consists of: (1) An intake at the wall of the First Level Canal fed by the Canal System with three trashrack screens (one 16.2-foot-tall by 26.2-foot-wide and two 14.8-foot-tall by 21.8-foot-long) with 3-inch clear spacing; (2) two 9-foot-diameter, 240-foot-long penstocks; (3) a 17-foot-high by 10-foot-diameter surge tank; (4) a 60-foot-long by 40-foot-wide by 50-foot high powerhouse with one 800-kilowatt vertical turbine generator unit; (5) two parallel 9-foot-wide, 10-foot-high, 120-foot-long brick arched tailrace conduits discharging into the Second Level Canal; (6) an 800-foot-long, 4.8-kilovolt transmission line; and (7) appurtenant facilities.

    The City 3 project consists of: (1) A 52.3-foot-long by 14-foot-high intake trashrack covering an opening in the Second Level Canal fed by the Canal System; (2) two 11-foot-high by 11-foot-wide headgates; (3) two 85-foot-long, 93-square-foot in cross section low pressure brick penstocks; (4) a 42-foot-long by 34-foot-wide by 28-foot-high reinforced concrete powerhouse with one 450-kilowatt turbine generator unit; (5) a 29.7-foot-wide, 10-foot-deep, 118-foot-long open tailrace discharging into the Third Level Canal; and, (6) 4.8-kilovolt generator leads that connect directly to the 4.8-kilovolt area distribution system; and (7) appurtenant facilities.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to address the document. For assistance, contact FERC Online Support. A copy is available for inspection and reproduction at the address in Item H above.

    n. 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, contact FERC Online Support.

    o. Scoping Process

    The Commission staff intends to prepare a single Environmental Assessment (EA) for the Holyoke Number 1 Hydro Project, Holyoke Number 2 Hydro Project, and Holyoke Number 3 Hydro Project in accordance with the National Environmental Policy Act. The EA will consider both site-specific and cumulative environmental impacts and reasonable alternatives to the proposed action.

    Commission staff does not propose to conduct any on-site scoping meetings at this time. Instead, we are soliciting comments, recommendations, and information on the Scoping Document (SD) issued on October 10, 2017.

    Copies of the SD outlining the subject areas to be addressed in the EA were distributed to the parties on the Commission's mailing list and the applicant's distribution list. Copies of the SD may be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, call 1-866-208-3676 or for TTY, (202) 502-8659.

    Dated: October 10, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22414 Filed 10-16-17; 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: RP18-22-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: Compliance filing Leach XPress Implementation, CP15-514 to be effective 11/6/2017.

    Filed Date: 10/6/17.

    Accession Number: 20171006-5054.

    Comments Due: 5 p.m. ET 10/18/17.

    Docket Numbers: RP18-23-000.

    Applicants: Iroquois Gas Transmission System, L.P.

    Description: Petition for Limited Tariff Waiver Due of Iroquois Gas Transmission System, L.P.

    Filed Date: 10/6/17.

    Accession Number: 20171006-5084.

    Comments Due: 5 p.m. ET 10/18/17.

    Docket Numbers: RP18-24-000.

    Applicants: Viking Gas Transmission Company.

    Description: § 4(d) Rate Filing: Update Non-Conforming Agreements—November 2017 to be effective11/1/2017.

    Filed Date: 10/6/17.

    Accession Number: 20171006-5126.

    Comments Due: 5 p.m. ET 10/18/17.

    Docket Numbers: RP18-25-000.

    Applicants: Columbia Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated & Non-Conforming Service Agreements—LXP to be effective11/6/2017.

    Filed Date: 10/6/17.

    Accession Number: 20171006-5138.

    Comments Due: 5 p.m. ET 10/18/17.

    Docket Numbers: RP18-26-000.

    Applicants: Dominion Energy Questar Pipeline, LLC.

    Description: § 4(d) Rate Filing: QPC Tariff Part 1 ? 5 Revision to be effective 12/1/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5022.

    Comments Due: 5 p.m. ET 10/23/17.

    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 10, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22416 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-9-000] Xcel Energy Services Inc. v. Southwest Power Pool, Inc.; Notice of Complaint

    Take notice that on October 10, 2017, Xcel Energy Services Inc. (Complainant), on behalf of its public utility affiliate Southwestern Public Service Company (SPS), filed a formal complaint against Southwest Power Pool, Inc. (SPP or Respondent) pursuant to sections 206 and 306 of the Federal Power Act (FPA), 16 U.S.C. 824(e) and 825(e), and Rule 206 of the Rules of Practice and Procedure of the Federal Energy Regulatory Commission (Commission), 18 CFR 385.206 (2017), alleging that SPP has violated its Tariff by assessing Attachment Z2 credit payment obligations to SPS in a manner that is inconsistent with the SPP Tariff, violates the filed rate doctrine, is inconsistent with SPS's network transmission service agreements with SPP, and is otherwise unjust, unreasonable, all as more fully explained in the complaint.

    Complainants certify that copies of the complaint were served on the contact for Respondent, as listed on the Commission's list of Corporate Officials.

    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 (2017). 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 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible online 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 30, 2017.

    Dated: October 11, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22470 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-10-000] Bloom Energy Corporation; Notice of Petition for Declaratory Order

    Take notice that on October 10, 2017, pursuant to section 385.207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 292.205(c) and 385.207 (2017), Bloom Energy Corporation (Bloom) filed a petition for declaratory order requesting that the Commission declare that certain Bloom facilities, which have internalized the hydrogen producing second-use process, meet the Commission's standards for cogeneration units as set forth in 18 CFR 292.205(a)(1)-(2) and 18 CFR 292.205(d) of the Commission's regulations, all as more fully explained in the petition.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. 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 Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also 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 November 9, 2017.

    Dated: October 11, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22471 Filed 10-16-17; 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 exempt wholesale generator filings:

    Docket Numbers: EG18-6-000.

    Applicants: PowerFin ASL 1, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of PowerFin ASL 1, LLC.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5088.

    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: EG18-7-000.

    Applicants: PowerFin SolarMundo, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of PowerFin SolarMundo, LLC.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5089.

    Comments Due: 5 p.m. ET 11/1/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER10-2398-006; ER10-2399-006; ER14-1933-006; ER10-2406-007; ER10-2409-006; ER10-2410-006; ER10-2411-007; ER10-2412-007; ER17-1315-003; ER10-2414-007; ER11-2935- 008; ER16-1724-003; ER13-1816-007.

    Applicants: Blackstone Wind Farm, LLC, Blackstone Wind Farm II LLC, Headwaters Wind Farm LLC, High Trail Wind Farm, LLC, Meadow Lake Wind Farm LLC, Meadow Lake Wind Farm II LLC, Meadow Lake Wind Farm III LLC, Meadow Lake Wind Farm IV LLC, Meadow Lake Wind Farm V LLC, Old Trail Wind Farm, LLC, Paulding Wind Farm II LLC, Paulding Wind Farm III LLC, Sustaining Power Solutions LLC.

    Description: Notice of Non-Material Change in Status of Blackstone Wind Farm, LLC, et. al.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5383.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER10-3246-008; ER10-2475-013; ER10-2474-013; ER13-1266-008.

    Applicants: PacifiCorp, Nevada Power Company, Sierra Pacific Power Company, CalEnergy, LLC.

    Description: Errata to June 30, 2016 Triennial Market Power Analysis and Supplement for the Northwest Region of the BHE Northwest Companies.

    Filed Date: 10/6/17.

    Accession Number: 20171006-5119.

    Comments Due: 5 p.m. ET 10/27/17.

    Docket Numbers: ER17-2179-001.

    Applicants: California Independent System Operator Corporation.

    Description: Compliance filing: 2017-10-10 Remove Conceptual Statewide Plan Compliance to be effective 9/27/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5344.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER17-2379-001.

    Applicants: Arizona Public Service Company.

    Description: Tariff Amendment: Administrative Filing Amendment for ER17-2379-000 to be effective 8/30/2017.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5170.

    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-49-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Service Agreement Recollation to be effective 10/10/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5250.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-50-000.

    Applicants: Arizona Public Service Company.

    Description: § 205(d) Rate Filing: Administrative Filing Amendment for ER17-2379-000 to be effective 8/30/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5265.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-51-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Interconnection Service Agreement No. 3808, Queue No. AB2-050 to be effective 9/7/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5285.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-52-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4795; Queue AC2-139 (WMPA) to be effective 9/8/2017.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5291.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-54-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: Balancing Accounts Update 2018 (TRBAA, RSBAA, ECRBAA) to be effective 1/1/2018.

    Filed Date: 10/10/17.

    Accession Number: 20171010-5332.

    Comments Due: 5 p.m. ET 10/31/17.

    Docket Numbers: ER18-55-000.

    Applicants: MP2 Energy LLC.

    Description: § 205(d) Rate Filing: Notice of Change in Category Seller Status to be effective 10/12/2017.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5083.

    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-56-000.

    Applicants: Midcontinent Independent System Operator, Inc., Consumers Energy Company.

    Description: § 205(d) Rate Filing: 2017-10-11 Consumers Energy Company's Transmission Depreciation Rates Filing to be effective 1/1/2018.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5087.

    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-57-000.

    Applicants: MP2 Energy NE LLC.

    Description: § 205(d) Rate Filing: Notice in Change in Category Seller to be effective 10/12/2017.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5091.

    Comments Due: 5 p.m. ET 11/1/17.

    Docket Numbers: ER18-58-000.

    Applicants: Dyon LLC.

    Description: Tariff Cancellation: Notice of Cancellation to be effective10/12/2017.

    Filed Date: 10/11/17.

    Accession Number: 20171011-5148.

    Comments Due: 5 p.m. ET 11/1/17.

    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 11, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22460 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-7-000] American Electric Power Service Corporation v. Midcontinent Independent System Operator, Inc.; Notice of Complaint

    Take notice that on October 10, 2017, pursuant to section 206 of the Federal Power Act, 16 U.S.C. 824(e), and Rule 206 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.206, American Electric Power Service Corporation on behalf of its operating company affiliates that are transmission owners (TOs) in the PJM Interconnection, L.L.C. (PJM) (together AEP or Complainants) 1 filed a formal complaint against Midcontinent Independent System Operator, Inc. (MISO or Respondent) alleging that MISO failed to provide AEP and other PJM TOs with more than $4.8 million of revenues from Seams Elimination Charge/Cost Adjustments/Assignments, a non-bypassable surcharge designed to recover all of the revenues lost due to the elimination of through and out rates on December 1, 2004 in the MISO/PJM region, all as more fully explained in the complaint.

    1 American Electric Power Service Corporation (AEPSC) is filing this Complaint on behalf of its following operating company affiliates: Appalachian Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Ohio Power Company, and Wheeling Power Company.

    AEP certifies that copies of the complaint were served on the contacts for the Midcontinent Independent System Operator, Inc. as listed on the Commission's list of Corporate Officials.

    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 30, 2017.

    Dated: October 11, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22462 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Effectiveness of Exempt Wholesale Generator and Foreign Utility Company Status Docket Nos. SunE Beacon Site 2 LLC EG17-122-000 Great Bay Solar I, LLC EG17-123-000 Lackawanna Energy Center LLC EG17-124-000 SunE Beacon Site 5 LLC EG17-125-000 Rattlesnake Power, LLC EG17-126-000 Apple Blossom Wind, LLC EG17-127-000 Stuttgart Solar, LLC EG17-130-000 Cap Ridge Wind I, LLC EG17-131-000 Cap Ridge Wind II, LLC EG17-132-000 Cap Ridge Wind III, LLC EG17-133-000 Cap Ridge Wind IV, LLC EG17-134-000 Cap Ridge Interconnection, LLC EG17-135-000 Aguaytia Energy del Peru SRL (I Squared Capital) FC17-4-000

    Take notice that during the month of September 2017, the status of the above-captioned entities as Exempt Wholesale Generators or Foreign Utility Companies became effective by operation of the Commission's regulations. 18 CFR 366.7(a) (2017).

    Dated: October 11, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22461 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER18-47-000] Voyager Wind II, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Voyager Wind II, LLC`s application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is October 31, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 11, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22464 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-6-000] FirstEnergy Service Company; Notice of Waiver Request

    Take notice that on October 6, 2017, pursuant to rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practices and Procedures 18 CFR 385.207, FirstEnergy Service Company (Service Company), submitted a request that the Commission waive specified portions of 18 CFR 35.39 and any other rules and regulations as may be necessary, to allow Service Company to establish a centralized RTO interface services group to provide services to certain franchised public utilities and market-regulated power sales affiliates within the FirstEnergy Corp. holding company system, 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 27, 2017.

    Dated: October 10, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22413 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14227-003] Nevada Hydro Company, Inc.; Notice of Application Tendered for Filing With the Commission and Soliciting Additional Study Requests

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Type of Application: Major Unconstructed Project.

    b. Project No.: P-14227-003.

    c. Date filed: October 2, 2017.

    d. Applicant: Nevada Hydro Company, Inc.

    e. Name of Project: Lake Elsinore Advanced Pumped Storage (LEAPS) Project.

    f. Location: On Lake Elsinore and San Juan Creek near the town of Lake Elsinore in Riverside and San Diego counties, California. The project would occupy about 845 acres of federal land.

    g. Filed Pursuant to: 18 CFR part 4 of the Commission's Regulations.

    h. Applicant Contact: Rexford Wait, Nevada Hydro Company, Inc., 2416 Cades Way Vista, California (760) 599-1815.

    i. FERC Contact: Jim Fargo at (202) 502-6095 or email at [email protected]

    j. Cooperating agencies: Federal, state, local, and tribal agencies with jurisdiction and/or special expertise with respect to environmental issues that wish to cooperate in the preparation of the environmental document should follow the instructions for filing such requests described in item m below. Cooperating agencies should note the Commission's policy that agencies that cooperate in the preparation of the environmental document cannot also intervene. See, 94 FERC 61,076 (2001).

    k. Pursuant to section 4.32(b)(7) of 18 CFR of the Commission's regulations, if any resource agency, Indian Tribe, or person believes that an additional scientific study should be conducted in order to form an adequate factual basis for a complete analysis of the application on its merit, the resource agency, Indian Tribe, or person must file a request for a study with the Commission not later than 60 days from the date of filing of the application, and serve a copy of the request on the applicant.

    l. Deadline for filing additional study requests and requests for cooperating agency status: December 1, 2017

    The Commission strongly encourages electronic filing. Please file additional study requests and requests for cooperating agency status using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. 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-14227-003.

    m. The application is not ready for environmental analysis at this time.

    n. The proposed project would consist of the following: (1) A new upper reservoir (Decker Canyon) with a 200-foot-high main dam and a gross storage volume of 5,750 acre-feet at a normal reservoir surface elevation of 2,792 feet above mean sea level (msl); (2) a single 21-foot-diameter concrete power shaft and power tunnel with two steel lined penstocks; (3) an underground powerhouse with two reversible pump-turbine units with a total installed capacity of 500 megawatts; (4) an existing lower reservoir (Lake Elsinore) with a gross storage volume of 54,500 acre-feet at a normal reservoir surface elevation of 1,245 feet above msl; (5) about 32 miles of 500-kV transmission line connecting the project to an existing transmission line owned by Southern California Edison located north of the proposed project and to an existing San Diego Gas & Electric Company transmission line located to the south.

    o. The license application and associated filings are available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site (http://www.ferc.gov), using the eLibrary link. Enter the docket number, excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). A copy is also available for inspection and reproduction at the address in paragraph m.

    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filing and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    p. With this notice, we are designating Nevada Hydro, Inc. as the Commission's non-federal representative for carrying out informal consultation pursuant to section 7 of the Endangered Species Act and section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act; and consultation pursuant to section 106 of the National Historic Preservation Act.

    q. Post-filing process: The major milestones of the post-filing process for the LEAPS Project are provided below. The issuance of the Ready for Environmental Analysis (REA) Notice and subsequent milestones will not occur until the additional information needs of Commission staff on the final license application have been satisfied, which may include the completion of any needed additional studies. The milestones that provide opportunities for stakeholder input are highlighted in bold.

    Additional study requests due • Issue Scoping Document 1 for comments Public Scoping Meetings Comments on Scoping Document 1 due • Issue Scoping Document 2 (if necessary) • Issue REA Notice soliciting comments, recommendations, terms and conditions, and prescriptions Comments, recommendations, terms and conditions, and prescriptions due • Issue updated EIS Comments on updated EIS due • Issue final EIS (if necessary) Dated: October 11, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22473 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Sunshine Act Meeting Notice

    The following notice of meeting is published pursuant to section 3(a) of the government in the Sunshine Act (Pub. L. 94-409), 5 U.S.C. 552b:

    AGENCY HOLDING MEETING:

    Federal Energy Regulatory Commission.

    DATE AND TIME:

    October 19, 2017, 10:00 a.m.

    PLACE:

    Room 2C, 888 First Street NE., Washington, DC 20426.

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    Agenda. * Note—Items listed on the agenda may be deleted without further notice.

    CONTACT PERSON FOR MORE INFORMATION:

    Kimberly D. Bose, Secretary, Telephone (202) 502-8400.

    For a recorded message listing items struck from or added to the meeting, call (202) 502-8627.

    This is a list of matters to be considered by the Commission. It does not include a listing of all documents relevant to the items on the agenda. All public documents, however, may be viewed on line at the Commission's Web site at http://www.ferc.gov using the eLibrary link, or may be examined in the Commission's Public Reference Room.

    1036th—Meeting Regular Meeting [October 19, 2017 10:00 a.m.] Item No. Docket No. Company Administrative A-1 AD18-1-000 Agency Administrative Matters. A-2 AD18-2-000 Customer Matters, Reliability, Security and Market Operations. A-3 AD06-3-000 Market Update. A-4 AD16-24-000 Winter Operations and Market Performance in Regional Transmission Organizations and Independent System Operators. ER17-1567-000, ER15-623-000, EL15-29-000, ER16-372-000, EL17-32-000 ODEC and Advanced Energy Management Alliance v. PJM Interconnection, L.L.C. EL17-36-000 ISO New England Inc. ER17-1565-000, ER16-551-003, ER13-2266-004 Algonquin Gas Transmission, LLC. RP16-618-000, ER17-1561-000, ER16-1404-000, ER16-120-001 ER16-120-003 New York Independent System Operator, Inc. EL15-37-002, EL13-62-001 Independent Power Producers of New York. EL13-62-002 New York State Public Service Commission et al. EL16-92-001 Midcontinent Independent System Operator, Inc. ER17-1570-000 Midwest Independent Transmission System Operator, Inc. ER11-4081-000 Coalition of MISO Transmission Customers v. Midcontinent Independent System Operator, Inc. EL16-112-001, ER17-892-000 Public Citizen, et al. v. Midcontinent Independent System Operator, Inc. EL15-70-000, EL15-71-000, EL15-72-000, EL15-82-000 Southwest Power Pool, Inc. ER17-1568-000, ER17-1568-001, EL16-110-000, ER16-1286-000, EL17-11-000, EL17-69-000, ER17-1575-000, ER17-1575-001, ER17-1092-000, ER17-1482-000 California Independent System Operator Corporation. ER17-2312-000, ER17-2568-000, ER17-2412-000, ER17-2402-000, ER17-2311-000, ER17-2263-000, ER17-2237-000, ER17-1459-000, ER18-1-000 Electric E-1 RM17-11-000 Revised Critical Infrastructure Protection Reliability Standard CIP-003-7—Cyber Security—Security Management Controls. E-2 RM15-11-002 Reliability Standard for Transmission System Planned Performance for Geomagnetic Disturbance Events. E-3 ER15-1809-001, EL18-12-000 ATX Southwest, LLC. E-4 ER15-958-003, ER15-958-004, EL18-13-000 Transource Kansas, LLC. E-5 ER15-2236-001, EL18-14-000 Midwest Power Transmission Arkansas, LLC. E-6 EL15-2237-001, ER15-2237-003, EL18-15-000 Kanstar Transmission, LLC. E-7 ER15-2594-003, EL18-16-000, ER17-953-000 South Central MCN LLC. E-8 EL16-110-000 Southwest Power Pool, Inc. E-9 EL16-1286-002, EL16-110-001 Southwest Power Pool, Inc. E-10 EL17-11-000 Alabama Power Company v. Southwest Power Pool, Inc. E-11 EL17-69-000 Buffalo Dunes Wind Project, LLC, Enel Green Power North America, Inc., Alabama Power Company, and Southern Company Services, Inc. v. Southwest Power Pool, Inc. E-12 ER17-1575-000, ER17-1575-001 Southwest Power Pool, Inc. E-13 EL10-49-005 Old Dominion Electric Cooperative and North Carolina Electric Membership Corporation v. Virginia Electric and Power Company. E-14 EL10-49-004 Old Dominion Electric Cooperative and North Carolina Electric Membership Corporation v. Virginia Electric and Power Company. E-15 EL18-17-000 Midcontinent Independent System Operator, Inc. E-16 ER16-471-001 Midcontinent Independent System Operator, Inc. E-17 ER17-1000-000, ER17-1000-001, ER17-1013-000, ER17-1013-001 (not consolidated) Midcontinent Independent System Operator, Inc. E-18 EL16-99-000, EL18-18-000 (consolidated) Midcontinent Independent System Operator, Inc. E-19 ER16-1817-003, ER16-1346-002 Midcontinent Independent System Operator, Inc. E-20 ER14-1242-006, ER14-2860-003, ER14-2862-003 Midcontinent Independent System Operator, Inc. E-21 EL16-12-002, ER16-1817-002 Internal MISO Generation v. Midcontinent Independent System Operator, Inc. E-22 ER17-2110-000 ISO New England Inc. E-23 EL16-91-000, EL18-19-000 (consolidated) Southwest Power Pool, Inc. E-24 ER17-998-000, EL17-61-000 DATC Path 15, LLC. Gas G-1 OMITTED. G-2 RP17-397-000 Dominion Transmission, Inc. G-3 RP17-461-000 Texas Eastern Transmission, LP. G-4 OR17-13-000 GT Pipeline, LLC. Hydro H-1 PL17-3-000 Policy Statement on Establishing License Terms for Hydroelectric Projects. H-2 P-308-008 PacifiCorp. H-3 P-14760-001, P-14761-001, P-14762-001 Percheron Power, LLC. P-14763-001, P-14764-001 NortHydro, LLC. H-4 EL16-50-001 Percheron Power, LLC. H-5 P-2210-261 Appalachian Power Company.

    A free webcast of this event is available through www.ferc.gov. Anyone with Internet access who desires to view this event can do so by navigating to www.ferc.gov's Calendar of Events and locating this event in the Calendar.

    The event will contain a link to its webcast. The Capitol Connection provides technical support for the free webcasts. It also offers access to this event via television in the DC area and via phone bridge for a fee. If you have any questions, visit www.CapitolConnection.org or contact Danelle Springer or David Reininger at 703-993-3100.

    Immediately following the conclusion of the Commission Meeting, a press briefing will be held in the Commission Meeting Room. Members of the public may view this briefing in the designated overflow room. This statement is intended to notify the public that the press briefings that follow Commission meetings may now be viewed remotely at Commission headquarters, but will not be telecast through the Capitol Connection service.

    Issued: October 12, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22545 Filed 10-13-17; 11:15 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-2558-000] NTE Ohio, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding NTE Ohio, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

    Any person desiring to intervene or to protest should file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone filing a motion to intervene or protest must serve a copy of that document on the Applicant.

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is October 31, 2017.

    The Commission encourages electronic submission of protests and interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet access who will eFile a document and/or be listed as a contact for an intervenor must create and validate an eRegistration account using the eRegistration link. Select the eFiling link to log on and submit the intervention or protests.

    Persons unable to file electronically should submit an original and 5 copies of the intervention or protest to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    The filings in the above-referenced proceeding are accessible in the Commission's eLibrary system by clicking on the appropriate link in the above list. They are also available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an eSubscription link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected] or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: October 11, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-22463 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC17-13-000] Commission Information Collection Activity (FERC-717); Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission.

    ACTION:

    Comment request.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is submitting its information collection, FERC-717, (Open Access Same-Time Information System and Standards for Business Practices and Communication Protocol) which will be submitted to the Office of Management and Budget (OMB) for a review of the information collection requirements. Any interested person may file comments directly with OMB and should address a copy of those comments to the Commission as explained below. The Commission published Notice in the Federal Register in Docket No. IC17-13-000, (82 FR 37580, 8/11/2017) requesting public comments. FERC received no comments in response to the Notice and is indicating that in its submittal to the OMB.

    DATES:

    Comments on the collection of information are due November 16, 2017.

    ADDRESSES:

    Comments filed with OMB, identified by OMB Control No. 1902-0173, should be sent via email to the Office of Information and Regulatory Affairs: [email protected] Attention: Federal Energy Regulatory Commission Desk Officer. The Desk Officer may also be reached via telephone at 202-395-0710.

    A copy of the comments should also be sent to the Commission, in Docket No. IC17-13-000 by either of the following methods:

    • eFiling at Commission's Web site: http://www.ferc.gov/docs-filing/efiling.asp.

    • Mail/Hand Delivery/Courier: Federal Energy Regulatory Commission, Secretary of the Commission, 888 First Street NE., Washington, DC 20426.

    Instructions: All submissions must be formatted and filed in accordance with submission guidelines at: http://www.ferc.gov/help/submission-guide.asp. For user assistance contact FERC Online Support by email at [email protected], or by phone at: (866) 208-3676 (toll-free), or (202) 502-8659 for TTY.

    Docket: Users interested in receiving automatic notification of activity in this docket or in viewing/downloading comments and issuances in this docket may do so at http://www.ferc.gov/docs-filing/docs-filing.asp.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Brown may be reached by email at [email protected], telephone at (202) 502-8663, and fax at (202) 273-0873.

    SUPPLEMENTARY INFORMATION:

    Title: FERC-717, Open Access Same-Time information System and Standards for Business Practices and Communication Protocols.

    OMB Control No.: 1902-0173.

    Type of Request: Three-year approval of the FERC-717 information collection requirements with no changes to the current reporting requirements.

    Abstract: The Commission directs all public utilities that own, control or operate facilities for transmitting energy in interstate commerce to provide certain types of information regarding their transmission operations on an Open Access Same-time Information System (OASIS). The Commission does not believe that open-access nondiscriminatory transmission services can be completely realized until it removes real-world obstacles that prevent transmission customers from competing effectively with the Transmission Provider. One of the obstacles is unequal access to transmission information. The Commission believes that transmission customers must have simultaneous access to the same information available to the Transmission Provider if truly nondiscriminatory transmission services are to be a reality.

    The Commission also established Standards of Conduct requiring that personnel engaged in transmission system operations function independently from personnel engaged in marketing functions. The Standards of Conduct were designed to prevent employees of a public utility (or any of its affiliates) engaged in marketing functions from preferential access to OASIS-related information or from engaging in unduly discriminatory business practices. Companies were required to separate their transmission operations/reliability functions from their marketing/merchant functions and prevent system operators from providing merchant employees and employees of affiliates with transmission-related information not available to all customers at the same time through public posting on the OASIS.

    Type of Respondents: Transmission Owners and Transmission Operators.

    Estimate of Annual Burden:1 The Commission estimates an adjustment in the annual public reporting burden for the FERC-717. The adjustment is due to Transmission Providers being allowed to file responses jointly or individually. The Transmission Provider may delegate this responsibility to a Responsible Party such as another Transmission Provider, an Independent System Operator, a Regional Transmission Group, or a Regional Reliability Council. The number comprise two separate entities: Transmission Owners and Transmission Operators. The responses submitted are our best estimate of the Transmission Operators and remaining individual Transmission Owners. The rationale is that some Transmission Owners have elected to turn over operational control of their collective transmission systems to Transmission Operators, including RTOs/ISOs (as authorized in 18 CFR 37.5). These Transmission Operators offer OASIS access to the collective systems facilitating a single OASIS transmission request serving multiple transmission systems. As a result of these efficiency gains, the lower respondent count is appropriate.

    1 Burden is defined as the total time, effort, or financial resources expended by persons to generate, maintain, retain, or disclose or provide information to or for a Federal agency. For further explanation of what is included in the information collection burden, refer to 5 Code of Federal Regulations 1320.3.

    As a result of the efficiency gains, and an overestimate of the respondents in our past request, we are submitting a more accurate number of respondents. The estimate below reflects the work associated with the current information collection requirements:

    FERC-717, Open Access Same-Time Information System and Standards for Business Practices and Communication Protocols Information collection requirements Number of
  • respondents
  • Annual
  • number of
  • responses per
  • respondent
  • Total
  • number of
  • responses
  • Average burden hours and cost per
  • response 2
  • Total annual burden hours and total
  • annual cost
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) FERC-717 170 1 170 30 hrs.; $2,295 5,100 hrs.; $390,150.

    Comments: Comments are invited on: (1) Whether the collection of information is necessary for the proper performance of the functions of the Commission, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden and cost of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information collection; and (4) ways to minimize the burden of the collection of information on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    2 The Commission staff thinks that the average respondent for this collection is similarly situated to the Commission, in terms of salary plus benefits. Based upon FERC's 2017 annual average of $158,754 (for salary plus benefits), the average hourly cost is $76.50/hour.

    Dated: October 11, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-22472 Filed 10-16-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [ER-FRL-9035-6] Environmental Impact Statements; Notice of Availability

    Responsible Agency: Office of Federal Activities, General Information (202) 564-7146 or http://www2.epa.gov/nepa/.

    Weekly receipt of Environmental Impact Statements (EIS) Filed 10/02/2017 through 10/06/2017 Pursuant to 40 CFR 1506.9 Notice

    Section 309(a) of the Clean Air Act requires that EPA make public its comments on EISs issued by other Federal agencies. EPA's comment letters on EISs are available at: https://cdxnodengn.epa.gov/cdx-nepa-public/action/eis/search.

    EIS No. 20170198, Final, USAF, MD, Presidential Aircraft Recapitalization Program, Joint Base Andrews-Naval Air Facility, Review Period Ends: 11/15/2017, Contact: Ms Jean Renolds 210-925-4534. EIS No. 20170200, Draft, FTA, PA, King of Prussia Rail Project, Comment Period Ends: 12/4/2017, Contact: Daniel Koenig 202-366-8224. EIS No. 20170201, Draft, USN, CA, Hawaii-Southern Californian Training and Testing, Comment Period Ends: 12/12/2017, Contact: Nora Macariola-See 808-472-1402. EIS No. 20170202, Draft, USFS, CO, CP District-wide Salvage, Comment Period Ends: 11/30/2017, Contact: Mike Tooley 719-274-6321. Dated: October 9, 2017. Kelly Knight, Director, NEPA Compliance Division, Office of Federal Activities.
    [FR Doc. 2017-22165 Filed 10-13-17; 12:00 pm] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9969-52-OA] Notice of Meeting of the EPA Children's Health Protection Advisory Committee (CHPAC) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of meeting.

    SUMMARY:

    Pursuant to the provisions of the Federal Advisory Committee Act, notice is hereby given that the next meeting of the Children's Health Protection Advisory Committee (CHPAC) will be held November 29 and 30 at The George Washington University Milken Institute School of Public Health 950 New Hampshire Ave. NW., Washington, DC 20052. The CHPAC advises the Environmental Protection Agency on science, regulations, and other issues relating to children's environmental health.

    DATES:

    November 29 and 30 at The George Washington University Milken Institute School of Public Health in Washington, DC.

    ADDRESSES:

    950 New Hampshire Ave. NW., Washington, DC 20052.

    FOR FURTHER INFORMATION CONTACT:

    Angela Hackel, Office of Children's Health Protection, USEPA, MC 1107T, 1200 Pennsylvania Avenue NW., Washington, DC 20460, (202) 566-2977 or [email protected]

    SUPPLEMENTARY INFORMATION:

    The meetings of the CHPAC are open to the public. An agenda will be posted to epa.gov/children.

    Access and Accommodations: For information on access or services for individuals with disabilities, please contact Angela Hackel at 202-5566-2977.

    Dated: October 2, 2017. Angela Hackel, Designated Federal Official.
    [FR Doc. 2017-22498 Filed 10-16-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9969-71-OA] Notification of a Public Teleconference of the Science Advisory Board Risk and Technology Review (RTR) Methods Review Panel AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The EPA Science Advisory Board (SAB) Staff Office announces a public teleconference meeting of the Science Advisory Board (SAB) Risk and Technology Review (RTR) Methods Panel to discuss the draft Panel report in response to the Agency request to peer review EPA's draft Screening Methodologies to Support Risk and Technology Reviews (RTR) (External Review Draft May, 2017).

    DATES:

    The public teleconference will be held on Tuesday, December 5, 2017, from 11:00 a.m. to 3:00 p.m. (Eastern time).

    ADDRESSES:

    The public teleconference will be held by telephone only.

    FOR FURTHER INFORMATION CONTACT:

    Any member of the public who wants further information concerning this meeting notice may contact Dr. Bryan J. Bloomer, Designated Federal Officer (DFO), via phone at (202) 564-4222, or email at [email protected] General information about the SAB, as well as updates concerning the meeting announced in this notice, may be found on the EPA Web site at http://www.epa.gov/sab.

    Technical Contact for EPA's Draft Reports: Any technical questions concerning EPA's draft Screening Methodologies to Support Risk and Technology Reviews (RTR) (External Review Draft May, 2017), should be directed to Chris Sarsony, EPA Office of Air and Radiation, Office of Air Quality Planning and Standards, at (919) 541-4843 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The SAB was established pursuant to the Environmental Research, Development, and Demonstration Authorization Act (ERDAA) codified at 42 U.S.C. 4365, to provide independent scientific and technical advice to the Administrator on the technical basis for Agency positions and regulations. The SAB is a Federal Advisory Committee chartered under the Federal Advisory Committee Act (FACA), 5 U.S.C., App. 2. The SAB will comply with the provisions of FACA and all appropriate SAB Staff Office procedural policies. Pursuant to FACA and EPA policy, notice is hereby given that the SAB RTR Methods Panel will hold a public teleconference to discuss its draft report regarding the EPA's draft Screening Methodologies to Support Risk and Technology Reviews (RTR) (External Review Draft May, 2017). The Panel will provide their advice to the Administrator through the chartered SAB.

    EPA's Office of Air Quality Planning and Standards (OAQPS) requested that the SAB conduct a review of the methods for conducting Risk and Technology Review Assessments required by the Clean Air Act. These assessments evaluate the effects of industrial emissions of hazardous air pollutants (HAPs) on public health and the environment. The RTR Methods Review Panel convened a public face-to-face meeting on June 29-30, 2017, to deliberate on the peer review charge questions. The Panel will meet via a public teleconference to discuss the draft report developed by the Panel and to hear and consider public comments.

    Availability of Meeting Materials: Prior to the meeting(s), the review documents, meeting agendas and other supporting materials (if applicable) will be accessible on the meeting page at this URL http://yosemite.epa.gov/sab/sabproduct.nsf/fedrgstr_activites/RTR%20Screening%20Methods%20Review?OpenDocument.

    Procedures for Providing Public Input: Public comment for consideration by EPA's federal advisory committees and panels has a different purpose from public comment provided to EPA program offices. Therefore, the process for submitting comments to a federal advisory committee is different from the process used to submit comments to an EPA program office. Federal advisory committees and panels, including scientific advisory committees, provide independent advice to the EPA. Members of the public can submit relevant comments pertaining to the EPA's charge, meeting materials, or the group providing advice. Input from the public to the SAB will have the most impact if it provides specific scientific or technical information or analysis for the SAB to consider or if it relates to the clarity or accuracy of the technical information. Members of the public wishing to provide comment should follow the instructions below to submit comments.

    Oral Statements: In general, individuals or groups requesting to make an oral presentation will be limited to three minutes during a public teleconference. Interested parties wishing to provide comments should contact Dr. Bloomer (preferably via email), at the contact information noted above by November 28, 2017, to be placed on the list of public speakers for the teleconference.

    Written Statements: Written statements will be accepted throughout the advisory process; however, for timely consideration by SAB members, statements should be supplied to the DFO (preferably via email) at the contact information noted above by November 28, 2017. It is the SAB Staff Office general policy to post written comments on the Web page for the advisory meeting teleconference. Submitters are requested to provide an unsigned version of each document because the SAB Staff Office does not publish documents with signatures on its Web sites. Members of the public should be aware that their personal contact information, if included in any written comments, may be posted to the SAB Web site. Copyrighted material will not be posted without explicit permission of the copyright holder.

    Accessibility: For information on access or services for individuals with disabilities, please contact Dr. Bloomer at the phone number or email address noted above, preferably at least ten days prior to the meeting, to give the EPA as much time as possible to process your request.

    Dated: October 5, 2017. Khanna Johnston, Acting Deputy Director, EPA Science Advisory Board Staff Office.
    [FR Doc. 2017-22496 Filed 10-16-17; 8:45 am] BILLING CODE 6560-50-P
    EXPORT-IMPORT BANK [Public Notice: 2017-6012] Agency Information Collection Activities: Comment Request AGENCY:

    Export-Import Bank of the United States.

    ACTION:

    Submission for OMB review and comments request.

    SUMMARY:

    The Export-Import Bank of the United States (EXIM), as a part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal Agencies to comment on the proposed information collection, as required by the Paperwork Reduction Act of 1995.

    The collection provides EXIM staff with the information necessary to monitor the borrower's payments for exported goods covered under its short and medium-term export credit insurance policies. It also alerts EXIM staff of defaults, so they can manage the portfolio in an informed manner.

    DATES:

    Comments must be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Comments may be submitted electronically on WWW.REGULATIONS.GOV or by mail to Mia Johnson, Export-Import Bank of the United States, 811 Vermont Ave. NW., Washington, DC 20571 Form can be viewed at https://www.exim.gov/sites/default/files/pub/pending/eib92-29.pdf

    SUPPLEMENTARY INFORMATION:

    Title and Form Number: EIB 92-29 Export-Import Bank Report of Premiums Payable for Exporters Only.

    OMB Number: 3048-0017.

    Type of Review: Regular.

    Need and Use: The “Report of Premiums Payable for Exporters Only” form is used by exporters to report and pay premiums on insured shipments to various foreign buyers under the terms of the policy and to certify that premiums have been correctly computed and remitted. Individual transactions that an exporter may have with the same foreign borrower can be sub-totaled and entered as a single line item for the specific month provided the length of payment term is identical. The use of sub-totals reduces the administrative burden on the exporter. The `Report of Premiums Payable for Exporters Only' is used by the Bank to determine the eligibility of the shipment(s) and to calculate the premium due to Ex-Im Bank for its support of the shipment(s) under its insurance program.

    Affected Public: This form affects entities involved in the export of U.S. goods and services.

    Annual Number of Respondents: 2,600.

    Estimated Time per Respondent: 15 minutes.

    Annual Burden Hours: 650 hours.

    Frequency of Reporting or Use: Monthly.

    Government Expenses

    Reviewing Time per Year: 1,950 hours.

    Average Wages per Hour: $42.50.

    Average Cost per Year: $82,875.

    Benefits and Overhead: 20%.

    Total Government Cost: $99,450.

    Bassam Doughman, IT Specialist.
    [FR Doc. 2017-22451 Filed 10-16-17; 8:45 am] BILLING CODE 6690-01-P
    FEDERAL COMMUNICATIONS COMMISSION [WC Docket No. 10-90, WT Docket No. 10-208; DA 17-926; DA 17-975] Instructions for Filing 4G LTE Coverage Data To Determine Areas Presumptively Eligible for Mobility Fund Phase II Support; Contact Information Due by October 23, 2017; Responses Due by January 4, 2018 AGENCY:

    Federal Communications Commission.

    ACTION:

    Notification of filing instructions; deadlines for filing responses and providing contact information.

    SUMMARY:

    In these documents, the Rural Broadband Auctions Task Force, and the Wireline Competition and the Wireless Telecommunications Bureau (Bureaus), provide instructions for filing 4G Long Term Evolution (LTE) coverage data pursuant to the MF-II Challenge Process Order, announce that the Commission has published a notice of the Office of Management and Budget's (OMB) approval of this information collection in the Federal Register, and announce the deadlines by which subject entities must submit contact information and file responses to this information collection.

    DATES:

    Contact information due by October 23, 2017; responses to information collection due by January 4, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Ken Lynch at (202) 418-7356 or Ben Freeman at (202) 418-0628, or email [email protected]

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Public Notice, Instructions for Filing 4G LTE Coverage Data to Determine Areas Presumptively Eligible for Mobility Fund II Support (4G LTE Coverage Data Instructions Public Notice), WC Docket No. 10-90, WT Docket No. 10-208, DA 17-926, released on September 22, 2017, and the Public Notice, Responses to the Mobility Fund Phase II Data Collection Are Due January 4, 2018, WC Docket No. 10-90, WT Docket No. 10-208, DA 17-975 released October 6, 2017. The complete text of these documents is available for public inspection and copying during normal business hours in the FCC Reference Information Center, 445 12th Street SW., Room CY-A257, Washington, DC 20554, or by downloading the text from the Federal Communications Commission's (Commission) Web site at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0926/DA-17-926A1.pdf and http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db1006/DA-17-975A1.pdf. Alternative formats are available to persons with disabilities (Braille, large print, electronic files, audio format) by sending an email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    On August 3, 2017, the Commission adopted the MF-II Challenge Process Order (FCC 17-102), which established the procedures for a robust challenge process to ensure that the Commission targets Mobility Fund Phase II (MF-II) support to areas that lack unsubsidized 4G LTE service. The MF-II Challenge Process Order adopted parameters for a one-time collection of 4G LTE coverage data that the Commission will use, in conjunction with subsidy data, to establish the map of areas presumptively eligible for MF-II support. The instructions attached to the 4G LTE Coverage Data Collection Public Notice fulfill the directive in the MF-II Challenge Process Order that the Bureaus provide filing instructions, including data specifications, formatting information, and any other necessary technical parameters for the collection, and provide the detailed information filers will need to generate and submit their 4G LTE coverage data—specifically, who must file, what must be filed, when to file, and how to file. The provider-specific information submitted as part of the data collection will be treated as confidential.

    Entities subject to this information collection must submit contact information for this collection using the template posted at https://www.fcc.gov/MF2-LTE-Collection by October 23, 2017. Such entities must collect and submit their responses to this information collection using the process and format described in the instructions attached to the 4G LTE Coverage Data Collection Public Notice no later than January 4, 2018, which is 90 days after the date on which the Commission published notice in the Federal Register of the Office of Management and Budget's approval of this information collection (see 82 FR 46494 (Oct. 5, 2017)).

    Additional information about this data collection can be found on the Commission's MF-II 4G LTE Data Collection Web page at www.fcc.gov/MF2-LTE-Collection.

    Federal Communications Commission. William Huber, Associate Chief, Auctions and Spectrum Access Division, WTB.
    [FR Doc. 2017-22453 Filed 10-16-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [GN Docket No. 17-83] Third Meeting of the Broadband Deployment Advisory Committee AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Commission announces and provides an agenda for the third meeting of Broadband Deployment Advisory Committee (BDAC).

    DATES:

    Thursday, November 9, 2017, 9:30 a.m.

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Room TW-C305, Washington, DC 20554.

    FOR FURTHER INFORMATION CONTACT:

    Brian Hurley, Designated Federal Officer (DFO), at (202) 418-2220 or [email protected]; or Paul D'Ari, Deputy DFO, at (202) 418-1550 or [email protected] The TTY number is: (202) 418-0484.

    SUPPLEMENTARY INFORMATION:

    This meeting is open to members of the general public. The FCC will accommodate as many participants as possible; however, admittance will be limited to seating availability. The Commission will also provide audio and/or video coverage of the meeting over the Internet from the FCC's Web page at www.fcc.gov/live. Oral statements at the meeting by parties or entities not represented on the BDAC will be permitted to the extent time permits, at the discretion of the BDAC Chair and the DFO. Members of the public may submit comments to the BDAC in the FCC's Electronic Comment Filing System, ECFS, at www.fcc.gov/ecfs. Comments to the BDAC should be filed in Docket 17-83.

    Open captioning will be provided for this event. Other reasonable accommodations for people with disabilities are available upon request. Requests for such accommodations should be submitted via email to [email protected] or by calling the Consumer & Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY). Such requests should include a detailed description of the accommodation needed. In addition, please include a way for the FCC to contact the requester if more information is needed to fill the request. Please allow at least five days' advance notice; last minute requests will be accepted but may not be possible to accommodate.

    Proposed Agenda: At this meeting, the BDAC will consider initial recommendations from its Model Code for Municipalities, Model Code for States, Competitive Access to Broadband Infrastructure, and Removing State and Local Regulatory Barriers Working Groups. The BDAC will also consider and discuss an initial report from its Streamlining Federal Siting Working Group. In addition, the BDAC will continue its discussions on how to accelerate the deployment of broadband by reducing and/or removing regulatory barriers to infrastructure investment. This agenda may be modified at the discretion of the BDAC Chair and the DFO.

    Federal Communications Commission. Marilyn Jones, Senior Counsel for Number Administration, Competition Policy Division, Wireline Competition Bureau.
    [FR Doc. 2017-22469 Filed 10-16-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION FDIC Advisory Committee on Community Banking; Notice of Meeting AGENCY:

    Federal Deposit Insurance Corporation (FDIC).

    ACTION:

    Notice of open meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, Public Law 92-463 (Oct. 6, 1972), notice is hereby given of a meeting of the FDIC Advisory Committee on Community Banking, which will be held in Washington, DC. The Advisory Committee will provide advice and recommendations on a broad range of policy issues that have particular impact on small community banks throughout the United States and the local communities they serve, with a focus on rural areas.

    DATES:

    Wednesday, November 1, 2017, from 9:00 a.m. to 3:00 p.m.

    ADDRESSES:

    The meeting will be held in the FDIC Board Room on the sixth floor of the FDIC Building located at 550 17th Street NW., Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Requests for further information concerning the meeting may be directed to Mr. Robert E. Feldman, Committee Management Officer of the FDIC, at (202) 898-7043.

    SUPPLEMENTARY INFORMATION:

    Agenda: The agenda will include a discussion of current issues affecting community banking. The agenda is subject to change. Any changes to the agenda will be announced at the beginning of the meeting.

    Type of Meeting: The meeting will be open to the public, limited only by the space available on a first-come, first-served basis. For security reasons, members of the public will be subject to security screening procedures and must present a valid photo identification to enter the building. The FDIC will provide attendees with auxiliary aids (e.g., sign language interpretation) required for this meeting. Those attendees needing such assistance should call (703) 562-6067 (Voice or TTY) at least two days before the meeting to make necessary arrangements. Written statements may be filed with the committee before or after the meeting. This Community Banking Advisory Committee meeting will be Webcast live via the Internet http://fdic.windrosemedia.com. Questions or troubleshooting help can be found at the same link. For optimal viewing, a high speed internet connection is recommended. The Community Banking meeting videos are made available on-demand approximately two weeks after the event.

    Federal Deposit Insurance Corporation. Dated: October 12, 2017. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-22421 Filed 10-16-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice October 13, 2017. TIME AND DATE:

    10:00 a.m., Thursday, October 26, 2017.

    PLACE:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    The Commission will consider and act upon the following in open session: Secretary of Labor on behalf of McGary et al. v. The Marshall County Coal Company et al., Docket Nos. WEVA 2015-583-D et al. (Issues include whether the Judge erred in requiring the operators' Chief Executive Officer to personally read a prepared statement at the mines in question.)

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

    CONTACT PERSON FOR MORE INFORMATION:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD Relay/1-800-877-8339 for toll free.

    PHONE NUMBER FOR LISTENING TO MEETING:

    1 (866) 867-4769, Passcode: 678-100.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2017-22591 Filed 10-13-17; 4:15 pm] BILLING CODE 6735-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than November 14, 2017.

    A. Federal Reserve Bank of St. Louis (David L. Hubbard, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to [email protected]:

    1. Lincoln County Bancshares, Inc., and NFB Acquisitions, Inc., both of Troy, Missouri; to acquire voting shares of New Frontier Bancshares, Inc., St. Charles, Missouri, and thereby indirectly acquire shares of New Frontier Bank, St. Charles, Missouri.

    Board of Governors of the Federal Reserve System, October 12, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-22484 Filed 10-16-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than November 2, 2017.

    A. 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, Corrales, New Mexico, M. Carolyn Good, and Good Living Trust/Family Trust, both of Los Ranchos, New Mexico, Cynthia Alysce Good, and the 2005 Natalie Grace Good Trust, both of Andover, Massachusetts, Lisa Lynn Thompson, Lorena, Texas, Lisa Lynn Graves Heritage Trust, Thomas Cody Graves, Cody Clark Graves, Cody Clark Graves Heritage Trust, Debra Lee Bridges, Debra Lee Graves Heritage Trust, all of Goldthwaite, Texas, as a group acting in concert; to retain voting shares Goldthwaite Bancshares, Inc., and thereby retain voting shares of Mills County State Bank, both of Goldthwaite, Texas.

    Board of Governors of the Federal Reserve System, October 12, 2017. Ann Misback, Secretary of the Board.
    [FR Doc. 2017-22485 Filed 10-16-17; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0001; Docket No. 2017-0053; Sequence 14] Information Collection; Affidavit of Individual Surety, Standard Form 28 AGENCY:

    Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

    ACTION:

    Notice of request for public comments regarding an extension to an existing OMB clearance.

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act of 1995, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a currently approved information collection requirement concerning Standard Form (SF) 28, Affidavit of Individual Surety.

    DATES:

    Submit comments on or before December 18, 2017.

    ADDRESSES:

    Submit comments identified by Information Collection 9000-0001 by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB control number 9000-0001. Select the link “Comment Now” that corresponds with “Information Collection 9000-0001, SF 28, Affidavit of Individual Surety.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Mr. Poe/IC 9000-0001, SF 28, Affidavit of Individual Surety.

    Instructions: Please submit comments only and cite OMB Control 9000-0001, Affidavit of Individual Surety, SF 28, in all correspondence related to this case. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Ms. Zenaida Delgado, Procurement Analyst, Acquisition Policy Division, GSA, 202-969-7207 or email [email protected]

    SUPPLEMENTARY INFORMATION:

    A. Purpose

    The Affidavit of Individual Surety SF 28 is used by all executive agencies, including the Department of Defense, to obtain information from individuals wishing to serve as sureties to Government bonds. To qualify as a surety on a Government bond, the individual must show a net worth not less than the penal amount of the bond on the SF 28. It is an elective decision on the part of the maker to use individual sureties instead of other available sources of surety or sureties for Government bonds. We are not aware if other formats exist for the collection of this information.

    The information on SF 28 is used to assist the contracting officer in determining the acceptability of individuals proposed as sureties.

    B. Annual Reporting Burden

    Respondents: 500.

    Responses per Respondent: 1.

    Total Responses: 500.

    Hours per Response: 0.3.

    Total Burden Hours: 150.

    C. Public Comments

    Public comments are particularly invited on: Whether this collection of information is necessary for the proper performance of functions of the FAR, and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected; and ways in which we can minimize the burden of the collection of information on those who are to respond, through the use of appropriate technological collection techniques or other forms of information technology.

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755. Please cite OMB Control No. 9000-0001, SF 28, Affidavit of Individual Surety, in all correspondence.

    Dated: October 11, 2017. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2017-22450 Filed 10-16-17; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Request for Nominations of Potential Reviewers To Serve on the Disease, Disability, and Injury Prevention and Control Special Emphasis Panel ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) is seeking nominations for possible membership on the Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP) in the National Institute for Occupational Safety and Health (NIOSH), World Trade Center Health Program (WTCHP). The Disease, Disability, and Injury Prevention and Control Special Emphasis Panel provides advice and guidance to the Secretary, Department of Health and Human Services (HHS); the Director, Centers for Disease Control and Prevention (CDC), and the Administrator, Agency for Toxic Substances and Disease Registry (ATSDR) regarding the concept review, scientific and technical merit of grant and cooperative agreement assistance applications, and contract proposals relating to the causes, prevention, and control of diseases, disabilities, injuries, and impairments of public health significance; exposure to hazardous substances in the environment; health promotion and education; and other related activities that promote health and well-being. Members and Chairs shall be selected by the Secretary, HHS, or other official to whom the authority has been delegated, on an “as needed” basis in response to specific applications being reviewed with expertise to provide advice. Members will be selected from authorities in the various fields of prevention and control of diseases, disabilities, and injuries. Members of other chartered HHS advisory committees may serve on the panel if their expertise is required. Consideration is given to professional training and background, points of view represented, and upcoming applications to be reviewed by the committee.

    DATES:

    Nominations for membership on the WTCHP SEPs must be received no later than December 15, 2017. Packages received after this time will not be considered for the current membership cycle; but will be kept on file for future cycles. The membership cycles are listed under the Advisory Council Review on the Funding Opportunity Announcement, which is available at: https://grants.nih.gov/grants/guide/pa-files/PAR-16-098.html.

    ADDRESSES:

    All nominations should be mailed to Centers for Disease Control and Prevention, 1600 Clifton Road NE., Mailstop E-74, Atlanta, Georgia 30329, emailed to [email protected], or faxed to (404) 471-2616.

    FOR FURTHER INFORMATION CONTACT:

    Mia Wallace, Management Analyst, CDC/NIOSH/WTCHP, 1600 Clifton Road NE., Mailstop E-74, Atlanta, Georgia 30329, Telephone: (404) 498-2253; Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The U.S. Department of Health and Human Services policy stipulates that committee membership be balanced in terms of points of view represented and the committee's function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens appointed to serve on a CDC SEP and can be full-time employees of the U.S. Government. Current participation on CDC federal workgroups or prior experience serving on another federal advisory committee does not disqualify a reviewer. However, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Reviewers appointed to the SEP, CDC are not considered Special Government Employees, and will not be required to file financial disclosure reports.

    Nominees interested in serving as a member on a WTCHP Peer Review Panel should submit the following items:

    • Current curriculum vitae, including complete contact information (name, affiliation, mailing address, telephone number, and email address);

    • A statement summarizing the nominee's Areas of Expertise (include unique experiences, skills and knowledge the individual will bring to the WTCHP), Ethnic/Racial Minority Status, and Citizenship; and

    • A statement confirming that the nominee is not a registered federal lobbyist.

    Background: The WTCHP is administered by NIOSH. The James Zadroga 9/11 Health and Compensation Act of 2010, Public Law 111-347 (hereafter referred to as “the Zadroga Act”) was signed by President Obama on January 2, 2011, and was re-authorized on December 18, 2015. The Zadroga Act continues monitoring and treatment activities and requires the establishment (under Subtitle C) of a research program on health conditions resulting from the September 11, 2001, terrorist attacks. For additional information on the program please refer to: http://www.cdc.gov/wtc.

    The Zadroga Act lists the following broad research areas:

    • Physical and mental health conditions that may be related to the September 11, 2001, terrorist attacks;

    • Diagnosing WTC-related health conditions for which there has been diagnostic uncertainty; and

    • Treating WTC-related health conditions for which there has been treatment uncertainty.

    Research mentioned in the Zadroga Act includes epidemiologic and other research studies on WTC-related health conditions or emerging conditions among (1) enrolled WTC responders and certified-eligible WTC survivors under treatment; (2) sampled populations outside the NYC disaster area, in Manhattan (as far north as 14th Street) and in Brooklyn; and (3) control populations, to identify potential for long-term adverse health effects in less exposed populations.

    Major areas of interest include, but are not limited to, the following:

    Linking 9/11 exposure to health conditions:

    • Cancers, multisystem or autoimmune, cardiovascular and neurologic disease (including age at diagnosis);

    • Characterizing patterns of illness (age, gender, comorbidities, etc.); and

    • Characterizing alterations in health and development for those exposed to 9/11 as children.

    Characterizing established WTC-related diseases and comorbidities:

    • Identifying phenotypes, biomarkers, epigenetics; and

    • Care models that address complex co-morbidities and other modifiable factors.

    • Health services research and value-based care that addresses disaster-related injury and illness for chronic disease.

    (Note: Health services research examines how people get access to health care, how much care costs, and what happens to patients as a result of this care. The main goals of health services research are to identify the most effective ways to organize, manage, finance, and deliver high quality care; reduce medical errors; and improve patient safety (Agency for Healthcare Research and Quality, 2002).

    Characterizing the work-ability and occupational outcomes for those impacted by 9/11.

    Lessons learned in recovery:

    • Identifying and operationalizing key elements of psychological resilience for disaster responders; and

    • Establishing comparison groups for disaster-related research for key health indicators for first responders.

    (Note: Concepts of psychological resilience vary across disciplines with investigations addressing various outcomes ranging from reported levels of stress, burnout, compassion fatigue, and general indicators of well-being. Also proposed are interpersonal, intrapersonal and environmental factors that suggest a more stable and enduring personality trait impacting self-regulation.)

    Relevant diseases or conditions include, but are not limited to, the following:

    • Respiratory diseases • Cancer (including detection/diagnosis of pre-malignant changes) • Cardiovascular Disease • Psychological resilience and well-being • Persistent psychiatric conditions such as posttraumatic stress, anxiety and depressive disorders • Cognitive changes • Aging—the impacts of aging on those impacted by 9/11 illness and injury • Neurological Diseases • Aerodigestive health • Multisystem or auto-immune diseases • Gastro-esophageal disorders • Gastrointestinal health • Chronic musculoskeletal conditions resulting from acute traumatic injury and overuse disorders

    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.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2017-22436 Filed 10-16-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Form ACF-196R, “TANF Quarterly Financial Report”

    OMB No.: 0970-0446

    Description: This information collection is authorized under Section 411(a)(3) of the Social Security Act. This request is for continued approval of Form ACF-196R for quarterly financial reporting under the Temporary Assistance for Needy Families (TANF) program. States participating in the TANF program are required by statute to report financial data on a quarterly basis. The forms meet the legal standard and provide essential data on the use of federal TANF funds. Failure to collect the data would seriously compromise ACF's ability to monitor program expenditures, estimate funding needs, and to prepare budget submissions and annual reports required by Congress. Financial reporting under the TANF program is governed by 45 CFR part 265.

    This form was first developed in 2014 to replace Form ACF-196. No changes are being proposed with this request for OMB review. No comments were received in response to the publication of the initial Federal Register Notice on May 30, 2017, 82 FR 24714.

    Respondents: State agencies administering the TANF program (50 States plus the District of Columbia)

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total
  • burden hours
  • ACF-196R 51 4 14 2,856

    Estimated Total Annual Burden Hours: 2,856.

    Additional Information: Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201, Attn: Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected], Attn: Desk Officer for the Administration for Children and Families.

    Mary Jones, ACF/OPRE Certifying Officer.
    [FR Doc. 2017-22377 Filed 10-16-17; 8:45 am] BILLING CODE 4184-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Proposed Information Collection Activity; Comment Request

    Title: National Child Abuse and Neglect Data System.

    OMB No.: 0970-0424.

    Description: The Administration on Children, Youth and Families in the U.S. Department of Health and Human Services (HHS) established the National Child Abuse and Neglect Data System (NCANDS) to respond to the 1988 and 1992 amendments (Pub. L. 100-294 and Pub. L. 102-295) to the Child Abuse Prevention and Treatment Act (42 U.S.C. 5101 et seq.), which called for the creation of a coordinated national data collection and analysis program, both universal and case specific in scope, to examine standardized data on false, unfounded, or unsubstantiated reports.

    In 1996, the Child Abuse Prevention and Treatment Act was amended by Public Law 104-235 to require that any state receiving the Basic State Grant work with the Secretary of the Department of Health and Human Services (HHS) to provide specific data on child maltreatment, to the extent practicable. These provisions were retained and expanded upon in the 2010 reauthorization of CAPTA (Pub. L. 111-320). Item (17) below was enacted with the Justice for Victims of Trafficking Act of 2015 (Pub. L. 114-22). The law goes into effect in 2017 and it is anticipated that states will begin reporting with FFY 2018 data. Item (18) below was enacted with the Comprehensive Addiction and Recovery Act of 2016 (CARA) (Pub. L. 114-198). The law goes into effect in 2017 and it is anticipated that states will begin reporting with FFY 2018 data. Each state to which a grant is made under this section shall annually work with the Secretary to provide, to the maximum extent practicable, a report that includes the following:

    1. The number of children who were reported to the state during the year as victims of child abuse or neglect.

    2. Of the number of children described in paragraph (1), the number with respect to whom such reports were—

    A. substantiated;

    B. unsubstantiated; or

    C. determined to be false.

    3. Of the number of children described in paragraph (2)—

    A. the number that did not receive services during the year under the state program funded under this section or an equivalent state program;

    B. the number that received services during the year under the state program funded under this section or an equivalent state program; and

    C. the number that were removed from their families during the year by disposition of the case.

    4. The number of families that received preventive services, including use of differential response, from the state during the year.

    5. The number of deaths in the state during the year resulting from child abuse or neglect.

    6. Of the number of children described in paragraph (5), the number of such children who were in foster care.

    7.

    A. The number of child protective service personnel responsible for the—

    i. intake of reports filed in the previous year;

    ii. screening of such reports;

    iii. assessment of such reports; and

    iv. investigation of such reports.

    B. The average caseload for the workers described in subparagraph (A).

    8. The agency response time with respect to each such report with respect to initial investigation of reports of child abuse or neglect.

    9. The response time with respect to the provision of services to families and children where an allegation of child abuse or neglect has been made.

    10. For child protective service personnel responsible for intake, screening, assessment, and investigation of child abuse and neglect reports in the state—

    A. information on the education, qualifications, and training requirements established by the state for child protective service professionals, including for entry and advancement in the profession, including advancement to supervisory positions;

    B. data of the education, qualifications, and training of such personnel;

    C. demographic information of the child protective service personnel; and

    D. information on caseload or workload requirements for such personnel, including requirements for average number and maximum number of cases per child protective service worker and supervisor.

    11. The number of children reunited with their families or receiving family preservation services that, within five years, result in subsequent substantiated reports of child abuse or neglect, including the death of the child.

    12. The number of children for whom individuals were appointed by the court to represent the best interests of such children and the average number of out of court contacts between such individuals and children.

    13. The annual report containing the summary of activities of the citizen review panels of the state required by subsection (c)(6).

    14. The number of children under the care of the state child protection system who are transferred into the custody of the state juvenile justice system.

    15. The number of children referred to a child protective services system under subsection (b)(2)(B)(ii).

    16. The number of children determined to be eligible for referral, and the number of children referred, under subsection (b)(2)(B)(xxi), to agencies providing early intervention services under part C of the Individuals with Disabilities Education Act (20 U.S.C. 1431 et seq.).

    17. The number of children determined to be victims described in subsection (b)(2)(B)(xxiv).

    18. The number of infants—

    (A) identified under subsection (b)(2)(B)(ii);

    (B) for whom a plan of safe care was developed under subsection (b)(2)(B)(iii); and

    (C) for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii).

    The Children's Bureau proposes to continue collecting the NCANDS data through the two files of the Detailed Case Data Component, the Child File (the case-level component of NCANDS) and the Agency File (additional aggregate data, which cannot be collected at the case level). Technical assistance will be provided so that all states may provide the Child File and Agency File data to NCANDS.

    The reauthorization of CAPTA, subsection (b)(2)(B)(xxiv), specifies for “requiring identification and assessment of all reports involving children known or suspected to be victims of sex trafficking (as defined in section 103(10) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102 (10)); and S. 178-38.” To comply with the new reporting requirements for item 17, NCANDS will use a new field in the Child File.

    The Children's Bureau proposes to modify the Child File by modifying the maltreatment fields.

    • Add a new maltreatment type code, 7=sex trafficked, to the existing Fields 26, 28, 30, 32 (Maltreatment-1 Type, Maltreatment-2 Type, Maltreatment-3 Type, Maltreatment-4 Type).

    The reauthorization of CAPTA, subsection (b)(2)(B)(ii), specifies collecting the number of (A) screened-in and screened-out referrals from healthcare providers involved in the delivery or care of infants and who referred such infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder; (B) of those screened-in, for whom a plan of safe care was developed, under subsection (b)(2)(B)(iii); and (C) of those screened-in, for whom a referral was made for appropriate services, including services for the affected family or caregiver, under subsection (b)(2)(B)(iii). To comply with the new reporting requirements for item 18, NCANDS will use a combination of existing fields in the Child File and a new field in the Agency File.

    The Children's Bureau proposes to modify the Agency File by adding 1 new field, under Section 2, Referrals and Reports.

    • 2.5. Number of screened-out referrals from healthcare providers involved in the delivery or care of infants and who referred such infants born with and identified as being affected by substance abuse or withdrawal symptoms resulting from prenatal drug exposure, or a Fetal Alcohol Spectrum Disorder.

    The Children's Bureau proposes to modify the Child File by adding two new fields.

    • Field 151, Has A Safe Care Plan: The Safe Care Plan field will establish a flag as to whether a child has a safe care plan.

    • Field 152, Referral to CARA-Related Services: The Referral to CARA-related Services field will establish a flag as to whether a referral was made for appropriate services, including services for the affected family or caregiver.

    Respondents: State governments, the District of Columbia, and the Commonwealth of Puerto Rico.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden
  • hours
  • Detailed Case Data Component (Child File and Agency File) 52 1 149 7,717

    Estimated Total Annual Burden Hours: 7,717.

    Copies of the proposed collection may be obtained by writing to the Administration for Children and Families, Office of Planning, Research and Evaluation, 330 C Street SW., Washington, DC 20201. Attention Reports Clearance Officer. All requests should be identified by the title of the information collection. Email address: [email protected]

    OMB Comment: OMB is required to make a decision concerning the collection of information between 30 and 60 days after publication of this document in the Federal Register. Therefore, a comment is best assured of having its full effect if OMB receives it within 30 days of publication. Written comments and recommendations for the proposed information collection should be sent directly to the following: Office of Management and Budget, Paperwork Reduction Project, Email: [email protected] Attn: Desk Officer for the Administration for Children and Families.

    Mary Jones, ACF/OPRE Reports Clearance Officer.
    [FR Doc. 2017-22422 Filed 10-16-17; 8:45 am] BILLING CODE 4184-29-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the Board of Scientific Counselors, NICHD.

    The meeting will be open to the public as indicated below, with the attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    The meeting will be closed to the public as indicated below in accordance with the provisions set forth in section 552b(c)(6), Title 5 U.S.C., as amended for the review, discussion, and evaluation of individual intramural programs and projects conducted by the EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH AND HUMAN DEVELOPMENT, including consideration of personnel qualifications and performance, and the competence of individual investigators, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Board of Scientific Counselors, NICHD.

    Date: December 1, 2017.

    Open: 8:00 a.m. to 11:30 a.m.

    Agenda: A report by the Scientific Director, NICHD, on the status of the NICHD Division of Intramural Research; talks by various intramural scientists, and current organizational structure.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Closed: 11:30 a.m. to 4:00 p.m.

    Agenda: To review and evaluate personal qualifications and performance, and competence of individual investigators.

    Place: National Institutes of Health, Building 31A, Conference Room 2A48, 31 Center Drive, Bethesda, MD 20892.

    Contact Person: Constantine A. Stratakis, MD, D(med)Sci, Scientific Director, Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, Building 31A, Room 2A46, 31 Center Drive, Bethesda, MD 20892, 301-594-5984, [email protected].

    Information is also available on the Institute's/Center's home page: https://www.nichd.nih.gov/about/meetings/Pages/index.aspx, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-22398 Filed 10-16-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health and Human Development; Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory Board on Medical Rehabilitation Research.

    The meeting will be open to the public, with attendance limited to space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting.

    Name of Committee: National Advisory Board on Medical Rehabilitation Research.

    Date: December 4-5, 2017.

    Time: December 4, 2017, 9:00 a.m. to 5:00 p.m.

    Agenda: NICHD Director's report; Update on Next Generation Researchers' Initiative; NIH Research Plan on Rehabilitation Annual Report; NCMRR Director's Report; Clinical Trials update; Follow-up of past NCMRR Concepts; All of Us: The Precision Medicine Initiative.

    Place: NICHD Offices, 6710B Rockledge Drive, Room 1425/1427, Bethesda, MD 20892.

    Time: December 5, 2017, 8:30 a.m. to 12:00 p.m.

    Agenda: FDA Pediatric Device Consortium; Update on Interagency Committee on Disability Research; Efforts in Cardiac and Pulmonary Rehabilitation; Scientific Presentation on Outcomes Measurement in Rehabilitation.

    Place: NICHD Offices, 6710B Rockledge Drive, Room 1425/1427, Bethesda, MD 20892.

    Contact Person: Ralph M. Nitkin, Ph.D., Deputy Director, National Center for Medical Rehabilitation Research (NCMRR), Eunice Kennedy Shriver National Institute of Child Health and Human Development, NIH, DHHS, 6710B Rockledge Drive, Room 2116, MSC 7002, Bethesda, MD 20892, (301) 402-4206, [email protected]

    Information is also available on the Institute's/Center's home page: http://www.nichd.nih.gov/about/advisory/nabmrr/Pages/index.aspx where the current roster and minutes from past meetings are posted.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: October 11, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-22399 Filed 10-16-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meetings.

    The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Medicinal Chemistry Contract Proposals for the BPN.

    Date: November 6, 2017.

    Time: 8:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Glover Park Hotel, 2505 Wisconsin Avenue NW., Washington, DC 20007.

    Contact Person: Joel Saydoff, Ph.D., Scientific Review Officer, Scientific Review Branch NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, (301) 496-9223, [email protected]

    Name of Committee: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; Contract Review DMFP.

    Date: November 7, 2017.

    Time: 12:00 p.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Neuroscience Center, 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call).

    Contact Person: Ernie Lyons, Ph.D., Scientific Review Officer, Scientific Review Branch, NINDS/NIH/DHHS, Neuroscience Center, 6001 Executive Blvd., Suite 3204, MSC 9529, Bethesda, MD 20892-9529, (301) 496-4056, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: October 11, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-22400 Filed 10-16-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2017-0055] Agency Information Collection Activities: EngageDHS AGENCY:

    Office of the Chief Procurement Officer, Department of Homeland Security (DHS).

    ACTION:

    60-Day Notice and request for comments; New Collection, 1601-NEW.

    SUMMARY:

    The DHS Office of the Chief Procurement Officer, will submit the following Information Collection Request (ICR) to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted until December 18, 2017. This process is conducted in accordance with 5 CFR 1320.1

    ADDRESSES:

    You may submit comments, identified by docket number DHS-2017-0055, at:

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

    FOR FURTHER INFORMATION CONTACT:

    Mike Villano, (202) 447-5446, [email protected].

    SUPPLEMENTARY INFORMATION:

    Under 41 U.S.C. 3306, agencies are required to use advance procurement planning and conduct market research. Advance planning and market research is a means of developing the agency's acquisition requirements. As part of this process, companies frequently ask to meet with DHS representatives for numerous reasons including: sharing information on technologies and company capabilities or to ask how to do business with DHS. DHS needs the information being collected to prepare for productive meetings, share information across the enterprise about touchpoints the company has had at DHS, and to better track the frequency and number of meetings between DHS and companies. No personal information is being collected.

    This is a means of improving the procurement process that is used to support the DHS mission. The above statute is implemented by 48 CFR (FAR) Part 10, Market Research. The information collection method the agency requests is not specifically mentioned in the regulation but it is nonetheless permissible because it reasonable and does not request more information than is necessary. Under 48 CFR (FAR) 1.102-4(e), Role of the Acquisition Team, agencies are allowed to implement a policy, procedure, strategy or practice if it is in the interest of the Government and is not otherwise prohibit.

    The information is being used by DHS to help determine the department personnel who should be attending the meetings. It is also used by DHS representatives to better prepare for the meeting, so that it is productive for both DHS and the companies It is helpful for DHS to know background information about the company as well as whether they have met with DHS before and whether they currently support the Department. DHS also receives inquiries from oversight bodies, such as Congress, regarding with how many companies DHS has met with as well as whether DHS has met with specific companies. The meeting information provides source data for answering those inquiries in an accurate and timely manner. EngageDHS is a fillable form that will be used to collect vendor/industry meetings with DHS.

    Upon a request for a meeting, DHS will ask companies to complete a request form and submit via email to the DHS Industry Liaison mailbox at [email protected] Once it is received by DHS, this form could be electronically loaded into DHS' system, called EngageDHS. (EngageDHS is DHS' implementation of Microsoft Dynamics CRM.) This process makes it easier and faster for companies to send in the form (email versus paper mail). It also reduces the burden on DHS employees as they do not need to manually input the information into EngageDHS. Performing data collection as discussed above would also reduce the burden on the companies requesting meetings with DHS as they would only have to fill out the form at the time of their first meeting request. So for example, if a company over time meets with representatives from multiple DHS Components (e.g., Transportation Security Administration, Federal Emergency Management Agency, Coast Guard, Immigration and Customs Enforcement, etc.), the company would only have to fill out the form once.

    There is no assurance of confidentiality provided to the respondents for the collection of this information. The collection of information is covered by DHS/ALL/PIA-006 DHS General Contact Lists DHS/ALL-021 Department of Homeland Security Contractors and Consultants, October 23, 2008, 73 FR 63179.

    This is a new information collection. OMB is particularly interested in comments which:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Enhance the quality, utility, and clarity of the information to be collected; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    Analysis

    Agency: Office of the Chief Procurement Officer, DHS.

    Title: Agency Information Collection Activities: EngageDHS.

    OMB Number: 1601-NEW.

    Frequency: Annually.

    Affected Public: Private and Public Sector.

    Number of Respondents: 750.

    Estimated Time per Respondent: 0.25 hours.

    Total Burden Hours: 187.5.

    Dated: October 10, 2017. Melissa Bruce, Executive Director, Enterprise Business Management Office.
    [FR Doc. 2017-22509 Filed 10-16-17; 8:45 am] BILLING CODE 9110-9B-P
    DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-6009-N-04] Privacy Act of 1974; System of Records: Section 811 Project Rental Assistance Evaluation—Phase II AGENCY:

    Office of Policy Development and Research, HUD.

    ACTION:

    Notice of a New System of Records.

    SUMMARY:

    Pursuant to the Privacy Act of 1974, as amended, notice is hereby given that the Office of Policy Development and Research (PD&R), Department of Housing and Urban Development (HUD), provides public notice regarding its System of Records for the Section 811 Project Rental Assistance Evaluation—Phase II. This evaluation will assess the implementation and effectiveness of the Section 811 Project Rental Assistance program for extremely low-income nonelderly adults with disabilities. Primary data collection will include interviews with grantees and program partners and stakeholders and surveys of Section 811 Project Rental Assistance and Project Rental Assistance Contract residents. Secondary (existing) datasets will include HUD administrative data, Medicare and Medicaid data from the Centers for Medicare & Medicaid Services (CMS), state Medicaid data from six state Medicaid agencies, Project Rental Assistance and Project Rental Assistance Contract program documents, and neighborhood administrative data. A more detailed description of the proposed system of records is contained in the purpose section of this notice.

    DATES:

    Applicable Date: This notice action shall become applicable November 16, 2017.

    Comments Due Date: November 16, 2017.

    ADDRESSES:

    You may submit comments by one of the following methods:

    Federal e-Rulemaking Portal: http://www.regulations.gov.

    Follow the instructions provided on that site to submit comments electronically.

    Facsimile: 202-619-8365.

    Email: [email protected]

    Mail: Attention: Privacy Office, Helen Goff Foster, The Executive Secretariat, 451 7th Street SW., Room 10139, Washington, DC 20410-0001.

    Note:

    All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to http://www.regulations.gov, including any personal information provided.

    Docket: For access to the docket to read background documents or comments received, go to http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    Helen Goff Foster, Senior Agency Official for Privacy, at 451 7th Street SW., Room 10139; U.S. Department of Housing and Urban Development; Washington, DC 20410-0001; telephone number 202-708-3054 (this is not a toll-free number). Individuals who are hearing- or speech-impaired may access this telephone number via TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).

    SUPPLEMENTARY INFORMATION:

    The new System of Records will encompass data collected by PD&R to evaluate the Section 811 HUD Project Rental Assistance program. The Section 811 Project Rental Assistance program funds a new model of housing assistance that provides funding to state housing agencies to work in partnership with state human services and Medicaid agencies to create community-based supportive housing for extremely low-income nonelderly adults with disabilities, including those who are currently in or at risk for residing in institutions or who are currently (or at risk for becoming) homeless. This study is the second phase of a multiphase evaluation. Phase I documented the implementation experience of the first 12 state housing agencies that were awarded the first round of Project Rental Assistance grants. In Phase II, the evaluation is focused on 6 states selected from 28 state grantees from the first and second rounds of Section 811 Project Rental Assistance funding: California, Delaware, Louisiana, Maryland, Minneapolis, and Washington. The Phase II evaluation will continue to follow the implementation of the program but will also assess the impact of the program on participants' quality of life and care, housing and neighborhood, and utilization and access to health services and supports, as well as assess the cost-effectiveness of this supportive housing model compared to other models of supportive housing for persons with disabilities.

    The new notice states the name and location of the record system, the authority for and manner of its operations, the categories of individuals that it covers, the type of records that it contains, the sources of the information for the records, the routine uses made of the records, and the types of exemptions in place for the records. The notice also includes the business address of the HUD officials who will inform interested persons of how they may gain access to and/or request amendments to records pertaining to themselves.

    Publication of this notice allows the Department to provide new information about its system of records notices in a clear and cohesive format. The new system of records will incorporate Federal privacy requirements and Department's policy requirements. The Privacy Act places on Federal agencies principal responsibility for compliance with its provisions, by requiring Federal agencies to safeguard an individual's records against an invasion of personal privacy; protect the records contained in an agency system of records from unauthorized disclosure; ensure that the records collected are relevant, necessary, current, and collected only for their intended use; and adequately safeguard the records to prevent misuse of such information. In addition, this notice demonstrates the Department's focus on industry best practices to protect the personal privacy of the individuals covered by this SORN.

    Pursuant to the Privacy Act and the Office of Management and Budget (OMB) guidelines, a report of the amended system of records was submitted to OMB, the Senate Committee on Homeland Security and Governmental Affairs, and the House Committee on Oversight and Government Reform, as instructed by paragraph 4c of Appendix l to OMB Circular No. A-130, “Federal Agencies Responsibilities for Maintaining Records About Individuals,” November 28, 2000.

    System Name and Number: Section 811 Project Rental Assistance Evaluation—Phase II SECURITY CLASSIFICATION:

    This information will not be classified.

    SYSTEM LOCATION:

    The records are maintained at the Abt Associates (contractor) offices at 55 Wheeler Street, Cambridge, MA 02138 and 4550 Montgomery Avenue, Bethesda, MD 20814, and the U.S. Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-0001.

    SYSTEM MANAGER(S):

    Carol S. Star, Program Evaluation Division, Office of Policy Development and Research, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; telephone number 202-402-6139 (this is not a toll-free number).

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    Sec. 501 and 502 of the Housing and Urban Development Act of 1970 (Pub. L. 91-609), 12 U.S.C. 1701z-1, 1701z-2.

    PURPOSE(S) OF THE SYSTEM:

    The purpose of the system is to allow the Department to collect, track, and study information gathered on Section 811 Project Rental Assistance program participants and to analyze the effectiveness of this rental assistance model compared to other supportive housing models for extremely low-income nonelderly adults with disabilities. This is the second of a multiphase evaluation. The evaluation is funded by the Program Evaluation Division in PD&R. The project will evaluate the implementation of the Section 811 Project Rental Assistance program, its impact on residents, and the cost-effectiveness of this new housing assistance model for persons with disabilities in six states: California, Delaware, Louisiana, Maryland, Minneapolis, and Washington.

    Phase II of the Section 811 Project Rental Assistance evaluation will rely on both primary and secondary sources of data to inform the overall evaluation. Primary data collection includes interviews with grantees and program's partners and stakeholders, and surveys of Section 811 Project Rental Assistance and Project Rental Assistance Contract residents. Secondary (existing) datasets will include HUD administrative data, Medicare and Medicaid data from CMS, state Medicaid data from six state Medicaid agencies, Project Rental Assistance and Project Rental Assistance Contract program documents, and neighborhood administrative data.

    Primary data collection with grantees, partnering agencies, and Project Rental Assistance and Project Rental Assistance Contract residents is necessary to describe the implementation of the Project Rental Assistance program, identify characteristics of successful program strategies, and assess the impact of the program on Project Rental Assistance residents compared to residents in the traditional Project Rental Assistance Contract program. The collection of secondary data is necessary to identify the outcomes of the Project Rental Assistance program and characteristics of Project Rental Assistance residents, Project Rental Assistance Contract residents, and individuals in the program and comparison groups, and to determine the effectiveness of this new model of housing assistance.

    This analysis will inform HUD leadership, policymakers, and HUD partners that implement supportive housing programs for nonelderly adults with disabilities. In addition, the records collected through this evaluation represent HUD's effort to assess and report to Congress on the implementation and effectiveness of this rental assistance approach. The data collected for Section 811 Project Rental Assistance Evaluation—Phase II will be used and stored solely for research purposes, and will not be used to identify individuals or make decisions that affect the rights, benefits, or privileges of specific individuals. The data in this system will include location data, which will be used to analyze the neighborhoods in which Section 811 Project Rental Assistance and Project Rental Assistance Contract residents live. The data in the system will also include information about health, housing, and quality of life measures, which will be used to analyze the extent to which people's lives are being improved by the Section 811 Project Rental Assistance program. The data in this system will be analyzed using statistical methods and only reported in the aggregate. Resulting reports will not disclose or identify any individuals or sensitive personal information. The Section 811 Project Rental Assistance Evaluation is in direct service of the mission of PD&R, which is to “inform policy development and implementation to improve life in American communities through conducting, supporting, and sharing research, surveys, demonstrations, program evaluations, and best practices.”

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Data will be collected from households assisted by the Section 811 Project Rental Assistance and Section 811 Project Rental Assistance Contract programs, other extremely low-income households including a person with a disability served by other HUD-assisted housing programs, a sample of individuals receiving Medicaid or similar state plan services, Section 811 housing agency grantees, and partnering agencies (state Medicaid agencies, property owners, service providers, and public housing agencies). All individuals live in the states of California, Delaware, Louisiana, Maryland, Minnesota, and Washington.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    The data sets will contain the following categories of records:

    Responses to resident survey: Include participants' names, address, telephone numbers, names and contact information of proxies and/or legal guardians (if applicable), study identifier, information about their experience with the transition to HUD-assisted housing, subjective assessment of housing quality, subjective assessment of neighborhood quality, information about access to supportive services and unmet needs, information about help with supportive services, subjective assessment of quality of life and community inclusion.

    Administrative interviews: Include identifying information—such as full name; job title; and contact information, including addresses, email addresses, and telephone numbers—of program staff and stakeholders (grantee, Medicaid agency, property owners, service providers, and public housing authorities), and qualitative responses about several aspects of the program design and implementation.

    HUD Administrative data: Include data on individuals, households, and properties available through HUD administrative data. Collection will be brought into the dataset directly from HUD's Tenant Rental Assistance Certification System (TRACS), Public and Indian Housing Information Center (PIC) Inventory Management System (IMS), and Integrated Real Estate Management System (iREMS). Tenant-level and household-level data include participants' full names, dates of birth, addresses, phone numbers, Social Security numbers; information pertaining to the participating family structure, household size, household income, race and demographics, disability status, unit characteristics; and information about participation in HUD programs. Property-level data include housing agency, property, unit characteristic, and financial information and contact information for property owners, including full names, addresses, phone numbers, and email addresses.

    Medicare and Medicaid data: Include data on individuals available through the Centers for Medicare & Medicaid Services and state Medicaid agencies (CMS). Collection will be brought into the dataset directly from CMS and state Medicaid agencies under a Data Use Agreement with HUD and its contractor Abt Associates. Include study identifier (that can be matched to individuals' full names, dates of birth, Social Security numbers), (such as diagnoses), healthcare utilization, and costs. medical record number, and information pertaining to the individuals' medical services, medical information. RECORD SOURCE CATEGORIES: (1) Resident surveys collected directly from Section 811 Project Rental Assistance and Project Rental Assistance Contract residents who have agreed to participate in the survey; (2) Administrative interviews collected directly from state housing agency grantees; (3) Administrative interviews collected directly from partnering agencies who have agreed to participate in the study; Administrative data derived from HUD's tenant and property data systems; and Non-HUD administrative data, such as Medicare and historical Medicaid data; and state Medicaid data.

    Routine uses of records maintained in the system, including categories of users and purposes of such uses:

    To appropriate agencies, entities, and persons to the extent that such disclosures are compatible with the purpose for which the records in this system were collected, as set forth by Appendix I1—HUD's Library of Routine Uses, published in the Federal Register (July 17, 2012, at 77 FR 41996).

    1. To researchers for the purpose of producing a dataset to be used to support the Rent Reform Demonstration and Impact Evaluation of the Rent Reform Demonstration. The data collection will specifically provide data of the household's characteristics to describe the sample and ensure that the two study groups are random, and provide information that allows for the initial triennial calculations to be verified.

    2. To appropriate agencies, entities, and persons when: (a) HUD suspects or has confirmed that the security or confidentiality of information in a system of records has been compromised; (b) HUD has determined that, as a result of the suspected or confirmed compromise, there is a risk of harm to economic or property interests, identity theft or fraud, or harm to the security or integrity of systems or programs (whether maintained by HUD or another agency or entity) that rely upon the compromised information; and (c) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with HUD's efforts to respond to the suspected or confirmed compromise and prevent, minimize, or remedy such harm for purposes of facilitating responses and remediation efforts in the event of a data breach.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Abt Associates provides all project staff with HIPAA Rules of the Road—Practical Information for Ensuring Compliance, IRB 101 Training, General Security Awareness Training, and Collaborative Institutional Training Initiative (CITI) Human Subjects Training. All study team members also undergo project-specific training on maintaining privacy and safe data storage and handling procedures. All study team members sign a nondisclosure agreement.

    All study team members will be made aware of the project-specific data regulations and best practices associated with handling data for the study. These practices are incorporated in the study protocol and will be detailed in training plans for interviewers, support staff, and data analytic staff. All staff who will have access to the data containing personally identifiable information (PII) or protected health information (PHI) will sign a confidentiality agreement pursuant to the requirements of all data use agreements, which will be attached to the data security plan. All staff will also receive an annual reminder of the terms of the agreement.

    Abt will guarantee this level of restricted access by only using secure transfer mechanisms, such as Huddle, Abt's FedRAMP Moderate accredited file transfer service for moving data in and out of the system, or another secure file transfer system (SFTP) of the transferring agency's choice. Abt will also only access the data through its restricted access folder on the Analytic Computing Environment, ACE 3, which meets NIST SP 800-53, Revision 4 FISMA Moderate Standards and utilizes FedRAMP Moderate accredited services from Amazon as infrastructure. Abt Associates will retain all data collected over the life of the study and any analysis files generated with those data for as long as required and only under conditions specified in the study protocol. At the end of the contract, Abt will destroy records that do not need to be retained. Abt will destroy the remainder of the files after the contract ends, as is required in the contract. The retention and disposal procedures are in keeping with HUD's records management policies as described in 44 U.S.C. 3101 and 44 U.S.C. 3303 and with HUD's Records Disposition Schedule 67 PD&R, Item 6 (https://portal.hud.gov/hudportal/documents/huddoc?id=22256x67ADMH.pdf). Abt Associates will submit all de-identified data over to HUD at the end of the contract, with the exception of the ResDAC and Medicaid data, which will not be included as per memorandum of understanding with these agencies.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    The study's approved data security plan describes the safeguarding of any hardcopy, recorded, and electronic information on human subjects that will be a part of the study. All study team members are aware of the project-specific data regulations and best practices associated with handling data for the study. These practices are incorporated in the study protocol and will be detailed in training plans for interviewers, support staff, and data analytic staff. All staff who will have access to the data containing PII or PHI information sign a confidentiality agreement, per the requirements of all data use agreements.

    Abt will guarantee this level of restricted access by only using secure transfer mechanisms, such as Huddle, Abt's FedRAMP Moderate accredited file transfer service for moving data in and out of the system, or another SFTP of the transferring agency's choice. Abt will also only access the data through its restricted access folder on the Analytic Computing Environment, ACE 3, which meets NIST SP 800-53 Revision 4 FISMA Moderate Standards and utilizes FedRAMP Moderate accredited services from Amazon as infrastructure.

    RECORD ACCESS PROCEDURES:

    For information, assistance, or inquiry about records, contact Helen Goff Foster, Senior Agency Official for Privacy, at 451 7th Street SW., Room 10139, U.S. Department of Housing and Urban Development, Washington, DC 20410-0001, telephone number 202-708-3054 (this is not a toll-free number). When seeking records about yourself from this system of records or any other Housing and Urban Development (HUD) system of records, your request must conform with the Privacy Act regulations set forth in 24 CFR part 16. You must first verify your identity, meaning that you must provide your full name, address, and date and place of birth. You must sign your request, and your signature must either be notarized or submitted under 28 U.S.C. 1746, a law that permits statements to be made, under penalty of perjury, as a substitute for notarization. In addition, your request should:

    a. Explain why you believe HUD would have information on you.

    b. Identify which Office of HUD you believe has the records about you.

    c. Specify when you believe the records would have been created.

    d. Provide any other information that will help the Freedom of Information Act (FOIA) staff determine which HUD office may have responsive records.

    If your request is seeking records pertaining to another living individual, you must include a statement from that individual certifying their agreement for you to access their records. Without the above information, the HUD FOIA Office may not conduct an effective search, and your request may be denied due to lack of specificity or lack of compliance with regulations.

    CONTESTING RECORD PROCEDURES:

    The Department's rules for contesting contents of records and appealing initial denials appear in 24 CFR part 16, Procedures for Inquiries. Additional assistance may be obtained by contacting Helen Goff Foster, Senior Agency Official for Privacy, at 451 7th Street SW., Room 10139, Department of Housing and Urban Development, Washington, DC 20410-0001, or the HUD Departmental Privacy Appeals Officers; Office of General Counsel; Department of Housing and Urban Development; 451 7th Street SW., Washington, DC 20410-0001.

    NOTIFICATION PROCEDURES:

    Individual wishing to determine to whether this system of records contains information about them may do so by contacting their lending institutions or contacting HUD's Privacy Officer or Freedom of Information Act Office at the addresses above.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    None.

    Dated: September 5, 2017. Helen Goff Foster, Chief Administrative Officer and Executive Secretary, Senior Agency Official for Privacy.
    [FR Doc. 2017-22474 Filed 10-16-17; 8:45 am] BILLING CODE 4210-67-P
    DEPARTMENT OF THE INTERIOR Bureau of Indian Affairs [189A2100DD/AAKC001030/A0A501010.999900 253G] Bureau of Indian Education Strategic Plan AGENCY:

    Bureau of Indian Affairs, Interior.

    ACTION:

    Notice of tribal consultations.

    SUMMARY:

    Notice is hereby given that the Bureau of Indian Education (BIE) will conduct a series of consultation sessions regarding its proposed strategic plan. The BIE will conduct five on-site tribal consultation sessions and one telephonic session. The on-site consultation sessions will be held at geographically diverse locations across the country to maximize Tribal input early in the process. The telephonic session will be held on December 14, 2017.

    DATES:

    The BIE will conduct the following five on-site consultation sessions and one telephonic consultation. The on-site sessions will be held:

    1. Wednesday November 15, 2017, in Salem, OR from 1:00 p.m.-5:00 p.m. PST.

    2. Tuesday November 28, 2017, in Anadarko, OK from 1:00 p.m.-5:00 p.m. CST.

    3. Tuesday December 5, 2017, in Bismarck, ND from 1:00 p.m.-5:00 p.m. MDT.

    4. Tuesday December 12, 2017, in Albuquerque, NM from 1:00 p.m.-5:00 p.m. MDT.

    The last session will be held telephonically and by webinar on Thursday December 14, 2017, by calling 631-992-3221 and entering the passcode 759-763-471. The Web site for the webinar is https://attendee.gotowebinar.com/register/7727750735595699458, and the webinar ID is 993-210-731. This session can accommodate 500 participants.

    ADDRESSES:

    The on-site sessions will be held at the following locations:

    • Wednesday November 15, 2017, on-site consultation session will be held at Chemawa Indian School Auditorium, 3700 Chemawa Road NE., Salem, OR 97305 • Tuesday November 28, 2017, on-site consultation session will be held at Riverside Indian School, 101 Riverside Drive, Anadarko, OK 73005 • Tuesday December 5, 2017, on-site consultation session will be held at United Tribes Technical College, Lewis Goodhouse Wellness Center, 3315 University Drive, Bismarck, ND 58504 • Tuesday December 12, 2017, on-site consultation session will be held at the National Indian Programs Training Center, 1011 Indian School Road NW., Albuquerque, NM 87104

    The draft strategic plan will be available at: https://www.bie.edu/consultation/index.htm. Send written comments to Ms. Paulina Bell, Bureau of Indian Education, by any of the following methods: (Preferred method) email: [email protected]; mail, hand-carry or use an overnight courier service to Bureau of Indian Education, ATTN: Ms. Paulina Bell, RE: BIE Draft Strategic Plan Consultation Comments, 1849 C Street NW., Mail Stop 3609, Washington, DC 20240.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Paulina Bell, Bureau of Indian Education; telephone: (202) 208-3479.

    SUPPLEMENTARY INFORMATION:

    The BIE is committed to improving and enhancing its service delivery and improving the education of Indian students served by BIE-funded schools. The BIE is developing a bureau-wide strategic plan to guide its work and service delivery to students, schools, and tribes. To that end, the BIE recently engaged its staff in a process of strategic performance planning with the intention of submitting the proposed draft strategic plan for collaborative and meaningful consultation with Tribes early in the process.

    On March 8, 2017, April 11, 2017, June 14, 2017, July 18-20, 2017, and August 29-30, 2017, the BIE convened local, regional, and central office BIE personnel in order to formulate proposed strategic plan vision, mission, and organizational values statements as well as goals and strategies to implement the goals in the planning process.

    In order to ensure that its strategic planning efforts result in a high quality, effective, and useful plan, BIE partnered with external subject matter expert organizations specializing in educational strategic performance planning, including the Council of Chief State School Officers (CCSSO), the South Central Comprehensive Center located at the University of Oklahoma (SC3), and the Building State Capacity and Productivity Center (BSCPC). These organizations are providing BIE with valuable technical subject matter expertise and shared best practices in developing an effective, five-year strategic plan proposal with which to engage tribes in meaningful and timely consultation.

    BIE emphasizes that it is early in the strategic planning process and views the proposed strategic plan as a useful draft document that will assist Tribes in affording meaningful and substantive input during the scheduled consultation sessions. BIE earnestly appreciates and values any constructive input regarding its draft strategic plan and invites tribes, tribal leaders, and/or their designees to consult on the proposed plan during the aforementioned meetings.

    Dated: October 11, 2017. Tony Dearman, Director, Bureau of Indian Education.
    [FR Doc. 2017-22446 Filed 10-16-17; 8:45 am] BILLING CODE 4337-15-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024109; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from Pickerel Island, Vilas County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1991, human remains representing, at minimum, one individual were removed from Pickerel Island (47-VI-0197) in Vilas County, WI. The human remains are from multiple discoveries and excavations but collectively represent one adult male. They were originally found eroding out of a slope caused by ice expansion on the northwestern portion of the island in 1991 by the President of the Big St. Germain Lake Home Owners Association. In 1992, the WHS in conjunction with the Wisconsin Valley Improvement Company, the Mississippi Valley Archaeology Center, and the Wisconsin Department of Natural Resources excavated the rest of the burial, which they determined to be in a secondary burial context. The human remains were then taken to the Wisconsin Historical Society that same year. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; and White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22432 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024051; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MD AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the National Museum of Health and Medicine. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the National Museum of Health and Medicine at the address in this notice by November 16, 2017.

    ADDRESSES:

    Mr. Brian F. Spatola, Curator of Anatomical Division, National Museum of Health and Medicine, U.S. Army Garrison Forest Glen, 2500 Linden Lane, Silver Spring, MD 20910, telephone (301) 319-3353, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the National Museum of Health and Medicine, Silver Spring, MD. The human remains were removed from the Moundville site (1TU500) in Hale County, AL.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the National Museum of Health and Medicine professional staff in consultation with representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Chitimacha Tribe of Louisiana; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Jena Band of Choctaw Indians; Kialegee Tribal Town; Mississippi Band of Choctaw Indians; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); Shawnee Tribe; The Chickasaw Nation; The Choctaw Nation of Oklahoma; The Muscogee (Creek) Nation; The Quapaw Tribe of Indians; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; Tunica-Biloxi Indian Tribe; and the United Keetoowah Band of Cherokee Indians in Oklahoma (“The Tribes”).

    History and Description of the Remains

    In early 1905 and late 1906, human remains representing, at minimum, 28 individuals were removed from the Moundville Site (1TU500) in Hale County, AL. The remains were removed by Clarence B. Moore during an archeological investigation of burial mounds and cemeteries near Moundville, AL. Artifacts were present at the time of excavation, but were not retained with the human remains. The human remains were donated to the Army Medical Museum by Clarence B. Moore in 1906. The date of the site associated with the human remains is approximately A.D. 700 to 1540. The remains consist of partial skeletons or single bone elements. Age and sex could not be identified. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the National Museum of Health and Medicine

    Officials of the National Museum of Health and Medicine have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on: Osteological evidence, collection history, artifacts, and association with prehistoric archeological sites.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of 28 individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains were removed is the aboriginal land of The Choctaw Nation of Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Choctaw Nation of Oklahoma and, if joined with the Choctaw Nation of Oklahoma, The Muscogee (Creek) Nation.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Mr. Brian F. Spatola, Curator of Anatomical Division, National Museum of Health and Medicine, U.S. Army Garrison Forest Glen, 2500 Linden Lane, Silver Spring, MD 20910, telephone (301) 319-3353, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Choctaw Nation of Oklahoma and, if joined with the Choctaw Nation of Oklahoma, The Muscogee (Creek) Nation, may proceed.

    The National Museum of Health and Medicine is responsible for notifying The Tribes that this notice has been published.

    Dated: August 22, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22435 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024107; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is a cultural affiliation between the human remains and associated funerary objects and present-day Indian Tribes or Native Hawaiian organizations. Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the lineal descendants, Indian Tribes, or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Museum, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Wisconsin Historical Society, Madison, WI. The human remains and associated funerary objects were removed from the Island Village site in Manitowoc County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; and the Menominee Indian Tribe of Wisconsin.

    History and Description of the Remains

    In 1989, human remains representing, at minimum, four individuals were removed from the Island Village site (47-MN-0101) in Manitowoc County, WI. The site is located within the Kill Snake Marsh and Wildlife Area run by the Wisconsin Department of Natural Resources (WDNR). Employees of the WDNR found human remains and associated funerary objects brought to the surface by plowing. Representatives from the Wisconsin Historical Society visited the site and were given the human remains and associated funerary objects. The human remains represent four individuals, including one young adult and three juveniles. No known individuals were identified. The four associated funerary objects are 1 decorated German silver brooch or hair plate, 1 lot of five copper bracelets, 1 copper picture frame mat, and 1 lot of beads.

    The kinds of associated funerary objects recovered suggest a historic period date for the human remains, specifically the mid-1800s. Objects like the silver German brooch did not come into use in the Great Lakes until after the 1830s. The picture frame mat was of the type that would have been used to frame an ambrotype or daguerreotype suggesting a post-1850 date. The Island Village site was first recorded in written documents by archeologist Charles E. Brown in 1906 who stated that a Mr. Louis Falge identified the site as a Potawatomi village. Archival research conducted by the Forest County Potawatomi Community, Wisconsin, identified the location as a historic village site that was led by Potawatomi chief Chaiconda. The site was described by Falge as being occupied and under cultivation until 1864, which corresponds with the estimated age of the associated funerary objects.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of four individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the four objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), there is a relationship of shared group identity that can be reasonably traced between the Native American human remains and associated funerary objects and the Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Nottawaseppi Huron Band of the Potawatomi; and the Pokagon Band of Potawatomi Indians, Michigan and Indiana.

    Additional Requestors and Disposition

    Lineal descendants or representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State Street, Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to the Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Nottawaseppi Huron Band of the Potawatomi; and the Pokagon Band of Potawatomi Indians, Michigan and Indiana, may proceed.

    The Wisconsin Historical Society is responsible for notifying the Forest County Potawatomi Community, Wisconsin; Hannahville Indian Community, Michigan; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Match-e-be-nash-she-wish Band of Pottawatomi Indians of Michigan; Menominee Indian Tribe of Wisconsin; Nottawaseppi Huron Band of the Potawatomi; and the Pokagon Band of Potawatomi Indians, Michigan and Indiana, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22430 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-NERO-CEBE-24090; PPNECEBE00, PPMPSAS1Z.Y00000] Cancellation of September 21, 2017, Meeting of the Cedar Creek and Belle Grove National Historical Park Advisory Commission AGENCY:

    National Park Service, Interior.

    ACTION:

    Cancellation of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, notice is hereby given that the September 21, 2017, meeting of the Cedar Creek and Belle Grove National Historical Park Advisory Commission previously announced in the Federal Register, Vol. 82, January 19, 2017, pp. 6643, is cancelled.

    FOR FURTHER INFORMATION CONTACT:

    Further information concerning the meetings may be obtained from Karen Beck-Herzog, Site Manager, Cedar Creek and Belle Grove National Historical Park, P.O. Box 700, Middletown, Virginia 22645, telephone (540) 868-9176, or visit the park Web site: http://www.nps.gov/cebe/parkmgmt/park-advisory-commission.htm.

    SUPPLEMENTARY INFORMATION:

    The 15-member Commission was designated by Congress to provide advice to the Secretary of the Interior in the preparation and implementation of the park's general management plan and in the identification of sites of significance outside the park boundary (16 U.S.C. 410iii-7).

    Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2017-22378 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024111; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from the Nekoosa Mound Group, Wood County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1965, human remains representing, at minimum, one individual were removed from the Nekoosa Mound Group (47-WO-0014) in Wood County, WI. Very fragmentary partially cremated human remains were collected by archeologist William M. Hurley from Mound 4, one of the site's conical mounds. An unknown individual donated the human remains to the Wisconsin Historical Society at an unknown date. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Bois Forte Band (Nett Lake) of the Minnesota Chippewa Tribe, Minnesota; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana; Fond du Lac Band of the Minnesota Chippewa Tribe, Minnesota; Grand Portage Band of the Minnesota Chippewa Tribe, Minnesota; Grand Traverse Band of Ottawa and Chippewa Indians, Michigan; Ho-Chunk Nation of Wisconsin; Keweenaw Bay Indian Community, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Menominee Indian Tribe of Wisconsin; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw Chippewa Indian Tribe of Michigan; Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; Turtle Mountain Band of Chippewa Indians of North Dakota; White Earth Band of Minnesota Chippewa Tribe, Minnesota; and the Winnebago Tribe of Nebraska (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin, and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22433 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024102; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary object and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary object to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Wisconsin Historical Society, Madison, WI. The human remains and associated funerary object were removed from the Water Street Cemetery, Marinette County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary object. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1992, human remains representing, at minimum, one individual were removed from the historic Water Street Cemetery (47-MT-0288) in Marinette County, WI. Human remains were discovered by a construction crew digging under an existing gas and sewer line. The human remains were taken to the City of Marinette Police Department, whose personnel went to the site and uncovered the burial again, but did not conduct further excavations. The Police Department subsequently contacted the Wisconsin Burial Site Preservation Office (BSPO). Representatives of the BSPO and the Neville Public Museum screened the back dirt and excavated the area of the burial where they recovered wood from a coffin and the partial remains of one adult male. No known individuals were identified. The one associated funerary object is an assemblage of coffin wood.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the one object described in this notice is reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary object and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains and associated funerary object were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Menominee Indian Tribe of Wisconsin; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; and the White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary object may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary object should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary object to The Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22425 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024104; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from the Paradise Valley site, Monroe County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1992, human remains representing, at minimum, two individuals were removed from the Paradise Valley site (47-MO-0251) in Monroe County, WI. The human remains were recovered from a cranberry bog by unknown individuals and reported to the Wisconsin Historical Society (WHS). Archeologists from the WHS took possession of the human remains and visited the site. They found no additional human remains or funerary objects that could be associated with the human remains. The site has since been reported as destroyed by cranberry operations. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, the land from which the Native American human remains were removed is the aboriginal land of the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska may proceed.

    The Wisconsin Historical Society is responsible for notifying the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; Winnebago Tribe of Nebraska; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22427 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024103; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society (WHS) has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from Dickensen Gravel Pit and Krainik Conical site in Juneau County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    At an unknown date, human remains representing, at minimum, one individual were removed from Dickensen Gravel Pit (47-JU-0101) in Juneau County, WI. The human remains represent a single adult of indeterminate sex and were donated to the WHS by the County Coroner Clarence R. Sorenson in 1939. A letter written by John Barr in June of 1939 states that the human remains were exhumed by a dentist from New Lisbon at an unstated date from a cultivated field. No known individuals were identified. Charcoal was found with the human remains, but there is no record of it being brought to the WHS. Therefore, no associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, one individual were removed from Krainik Conical site (47-JU-0203) in Juneau County, WI. In 1980, Dick Robinson, a local landowner, donated to the WHS a box of items that he and his father had collected from the site over several years. In a letter dated December of 1980, Robinson made no mention of having collected human remains, but WHS employees identified three human long bone fragments representing one adult of indeterminate sex. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • According to final judgments of the Indian Claims Commission or the Court of Federal Claims, the land from which the Native American human remains were removed is not the aboriginal land of any Indian Tribe, but is near the judicially established aboriginal lands of the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Ho-Chunk Nation of Wisconsin and the Winnebago Tribe of Nebraska may proceed.

    The Wisconsin Historical Society is responsible for notifying the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; Winnebago Tribe of Nebraska; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22426 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024108; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains and associated funerary objects, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and associated funerary objects and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains and associated funerary objects to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains and associated funerary objects under the control of the Wisconsin Historical Society, Madison, WI. The human remains and associated funerary objects were removed from Potato Lake Mounds, Rusk County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains and associated funerary objects. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1914, human remains representing, at minimum, six individuals were removed from Potato Lake Mounds (47-RU-0013) in Rusk County, WI. The then landowner donated the remains to the Wisconsin Historical Society in 1916 and 1918, but there is no documentation as to where they were found at the site. The human remains represent six individuals—two juveniles, one adult female, one adult male, and two adults of indeterminate sex. No known individuals were identified. The four associated funerary objects are 2 ceramic sherds, 1 chert flake, and 1 lot of faunal remains.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of six individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(3)(A), the four objects described in this notice are reasonably believed to have been placed with or near individual human remains at the time of death or later as part of the death rite or ceremony.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and associated funerary objects and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains and associated funerary objects were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Bois Forte Band (Nett Lake) of the Minnesota Chippewa Tribe, Minnesota; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana; Fond du Lac Band of the Minnesota Chippewa Tribe, Minnesota; Grand Portage Band of the Minnesota Chippewa Tribe, Minnesota; Keweenaw Bay Indian Community, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw Chippewa Indian Tribe of Michigan; Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; Turtle Mountain Band of Chippewa Indians of North Dakota; and the White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains and associated funerary objects may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains and associated funerary objects should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains and associated funerary objects to The Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22431 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024050; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MD AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The U.S. Department of Defense, Defense Health Agency, National Museum of Health and Medicine, has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the National Museum of Health and Medicine. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the National Museum of Health and Medicine at the address in this notice by November 16, 2017.

    ADDRESSES:

    Mr. Brian F. Spatola, Curator of Anatomical Division, National Museum of Health and Medicine, U.S. Army Garrison Forest Glen, 2500 Linden Lane, Silver Spring, MD 20910, telephone (301) 319-3353, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the National Museum of Health and Medicine, Silver Spring, MD. The human remains were removed from the Three Rivers Landing on the Tombigbee River (site 1WN76), Washington County, AL.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the National Museum of Health and Medicine professional staff in consultation with representatives of the Absentee-Shawnee Tribe of Indians of Oklahoma; Alabama-Coushatta Tribe of Texas (previously listed as the Alabama-Coushatta Tribes of Texas); Alabama-Quassarte Tribal Town; Cherokee Nation; Chitimacha Tribe of Louisiana; Coushatta Tribe of Louisiana; Eastern Band of Cherokee Indians; Eastern Shawnee Tribe of Oklahoma; Jena Band of Choctaw Indians; Kialegee Tribal Town; Mississippi Band of Choctaw Indians; Poarch Band of Creeks (previously listed as the Poarch Band of Creek Indians of Alabama); Seminole Tribe of Florida (previously listed as the Seminole Tribe of Florida (Dania, Big Cypress, Brighton, Hollywood & Tampa Reservations)); Shawnee Tribe; The Chickasaw Nation; The Choctaw Nation of Oklahoma; The Muscogee (Creek) Nation; The Quapaw Tribe of Indians; The Seminole Nation of Oklahoma; Thlopthlocco Tribal Town; Tunica-Biloxi Indian Tribe; and the United Keetoowah Band of Cherokee Indians in Oklahoma (“The Tribes”).

    History and Description of the Remains

    In 1905, human remains representing, at minimum, one individual were removed from the Three Rivers Landing on the Tombigbee River (site 1WN76), Washington County, AL, by Clarence B. Moore, during an archeological investigation of burial mounds. Artifacts were present at the time of excavation, but were not retained with the human remains. The human remains were donated to the Army Medical Museum by Clarence B. Moore in 1905. The date of the site associated with the human remains is approximately A.D. 200 to 1540. The remains consist of a partial femur and an innominate bone. Age could not be identified. Sex is female based on morphological features of the innominate bone. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the National Museum of Health and Medicine

    Officials of the National Museum of Health and Medicine have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on: Osteological evidence, collection history, artifacts, and association with prehistoric archeological sites.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of one individual of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian tribe.

    • Treaties, Acts of Congress, or Executive Orders, indicate that the land from which the Native American human remains were removed is the aboriginal land of The Choctaw Nation of Oklahoma.

    • Pursuant to 43 CFR 10.11(c)(1)(ii), the disposition of the human remains may be to The Choctaw Nation of Oklahoma.

    Additional Requestors and Disposition

    Representatives of any Indian tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Mr. Brian F. Spatola, Curator of Anatomical Division, National Museum of Health and Medicine, U.S. Army Garrison Forest Glen, 2500 Linden Lane, Silver Spring, MD 20910, telephone (301) 319-3353, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Choctaw Nation of Oklahoma may proceed.

    The National Museum of Health and Medicine is responsible for notifying The Tribes that this notice has been published.

    Dated: August 22, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22434 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024106; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from an unknown location near Pembine and Red Arrow Park, Marinette County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In 1878, human remains representing, at minimum, one individual were removed from an unknown location in Marinette County, WI. The human remains, later identified as representing one adult female, were removed from a mound containing a number of other interments near the city of Pembine. The human remains were donated by the Milwaukee Chapter of the Wisconsin Archaeological Society to the Wisconsin Historical Society in 1908. No known individuals were identified. No associated funerary objects are present.

    In 1991, human remains representing, at minimum, one individual were removed from Red Arrow Park (47-MT-0289) in Marinette County, WI. A fisherman discovered a mandible from an adult male off the Sea Gull sand bar. He brought the mandible to the Marinette City Police, who revisited the site the day after the discovery but did not find any other human remains. The Wisconsin Historical Society Burial Site Preservation Office took possession of the remains in December of 1991. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of two individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians, Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Menominee Indian Tribe of Wisconsin; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; and the White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to the Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; and the Upper Sioux Community, Minnesota, that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22429 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-NER-GETT-24089; PPMPSPD1Z.YM0000, PPNEGETTS1] Cancellation of September 14, 2017, Meeting of the Gettysburg National Military Park Advisory Commission AGENCY:

    National Park Service, Interior.

    ACTION:

    Cancellation of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, notice is hereby given that the September 14, 2017, meeting of the Gettysburg National Military Park Advisory Commission previously announced in the Federal Register, Vol. 82, January 19, 2017, pp. 6641-6642, is cancelled.

    FOR FURTHER INFORMATION CONTACT:

    Bill Justice, Acting Superintendent and Designated Federal Official, Gettysburg National Military Park, 1195 Baltimore Pike, Suite 100, Gettysburg, Pennsylvania 17325, at (717) 334-1124 or via email [email protected]

    SUPPLEMENTARY INFORMATION:

    The Commission was established by Public Law 101-377 (16 U.S.C. 430g-8), to advise the Secretary of the Interior on the coordination of the management of the Gettysburg National Military Park and Gettysburg Battlefield Historic District with local jurisdictions.

    Alma Ripps, Chief, Office of Policy.
    [FR Doc. 2017-22379 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    DEPARTMENT OF THE INTERIOR National Park Service [NPS-WASO-NAGPRA-NPS0024105; PPWOCRADN0-PCU00RP14.R50000] Notice of Inventory Completion: Wisconsin Historical Society, Madison, WI AGENCY:

    National Park Service, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Wisconsin Historical Society has completed an inventory of human remains, in consultation with the appropriate Indian Tribes or Native Hawaiian organizations, and has determined that there is no cultural affiliation between the human remains and any present-day Indian Tribes or Native Hawaiian organizations. Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request to the Wisconsin Historical Society. If no additional requestors come forward, transfer of control of the human remains to the Indian Tribes or Native Hawaiian organizations stated in this notice may proceed.

    DATES:

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to the Wisconsin Historical Society at the address in this notice by November 16, 2017.

    ADDRESSES:

    Jennifer Kolb, Wisconsin Historical Society, 816 State St., Madison, WI 53706, telephone (608) 264-6434, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is here given in accordance with the Native American Graves Protection and Repatriation Act (NAGPRA), 25 U.S.C. 3003, of the completion of an inventory of human remains under the control of the Wisconsin Historical Society, Madison, WI. The human remains were removed from the Sikora Burial Site and an unknown location near Antigo in Langlade County, WI.

    This notice is published as part of the National Park Service's administrative responsibilities under NAGPRA, 25 U.S.C. 3003(d)(3) and 43 CFR 10.11(d). The determinations in this notice are the sole responsibility of the museum, institution, or Federal agency that has control of the Native American human remains. The National Park Service is not responsible for the determinations in this notice.

    Consultation

    A detailed assessment of the human remains was made by the Wisconsin Historical Society professional staff in consultation with representatives of the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Menominee Indian Tribe of Wisconsin; and the Upper Sioux Community, Minnesota.

    History and Description of the Remains

    In August of 1991, human remains representing, at minimum, one individual were removed from the Sikora Burial Site (47-LG-0115) in Langlade County, WI. The human remains of one adult male were found during basement construction for a cottage on the southern shore of Rolling Stone Lake in the Township of Ainsworth. No associated funerary objects were recovered. The homeowners contacted the Antigo Police Department the same day as the discovery, and the police subsequently contacted the Wisconsin Burial Site Preservation Office. No known individuals were identified. No associated funerary objects are present.

    At an unknown date, human remains representing, at minimum, five individuals were removed from an unknown location near Antigo in Langlade County, WI. It is not known who removed the human remains, who donated them to the Wisconsin Historical Society, or when they were donated. In 1996, the human remains were discovered in a box labeled “unaccessioned calvarium and representative parts of three mandibles, mound near Antigo, Langlade Co., Wisconsin.” They were later determined to represent two adults, two children, and a young adult. No known individuals were identified. No associated funerary objects are present.

    Determinations Made by the Wisconsin Historical Society

    Officials of the Wisconsin Historical Society have determined that:

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice are Native American based on Wisconsin Historical Society records, burial location, archeological context, oral histories, and skeletal analysis.

    • Pursuant to 25 U.S.C. 3001(9), the human remains described in this notice represent the physical remains of six individuals of Native American ancestry.

    • Pursuant to 25 U.S.C. 3001(2), a relationship of shared group identity cannot be reasonably traced between the Native American human remains and any present-day Indian Tribe.

    • Treaties, Acts of Congress, or Executive Orders indicate that the land from which the Native American human remains were removed is the aboriginal land of the Bad River Band of the Lake Superior Tribe of Chippewa Indians of the Bad River Reservation, Wisconsin; Bay Mills Indian Community, Michigan; Bois Forte Band (Nett Lake) of the Minnesota Chippewa Tribe, Minnesota; Chippewa Cree Indians of the Rocky Boy's Reservation, Montana; Fond du Lac Band of the Minnesota Chippewa Tribe, Minnesota; Grand Portage Band of the Minnesota Chippewa Tribe, Minnesota; Grand Traverse Band of Ottawa and Chippewa Indians, Michigan; Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin; Lac du Flambeau Band of Lake Superior Chippewa Indians of the Lac du Flambeau Reservation of Wisconsin; Lac Vieux Desert Band of Lake Superior Chippewa Indians of Michigan; Leech Lake Band of the Minnesota Chippewa Tribe, Minnesota; Mille Lacs Band of the Minnesota Chippewa Tribe, Minnesota; Minnesota Chippewa Tribe, Minnesota; Red Cliff Band of Lake Superior Chippewa Indians of Wisconsin; Red Lake Band of Chippewa Indians, Minnesota; Saginaw Chippewa Indian Tribe of Michigan; Sault Ste. Marie Tribe of Chippewa Indians, Michigan; Sokaogon Chippewa Community, Wisconsin; St. Croix Chippewa Indians of Wisconsin; Turtle Mountain Band of Chippewa Indians of North Dakota; and the White Earth Band of Minnesota Chippewa Tribe, Minnesota (hereafter referred to as The Aboriginal Land Tribes).

    • Pursuant to 43 CFR 10.11(c)(1), the disposition of the human remains may be to The Aboriginal Land Tribes.

    Additional Requestors and Disposition

    Representatives of any Indian Tribe or Native Hawaiian organization not identified in this notice that wish to request transfer of control of these human remains should submit a written request with information in support of the request to Jennifer Kolb, Wisconsin Historical Society, 816 State St, Madison, WI 53706, telephone (608) 264-6434, email [email protected], by November 16, 2017. After that date, if no additional requestors have come forward, transfer of control of the human remains to The Aboriginal Land Tribes may proceed.

    The Wisconsin Historical Society is responsible for notifying The Aboriginal Land Tribes and the Forest County Potawatomi Community, Wisconsin; Ho-Chunk Nation of Wisconsin; and the Menominee Indian Tribe of Wisconsin that this notice has been published.

    Dated: September 5, 2017. Melanie O'Brien, Manager, National NAGPRA Program.
    [FR Doc. 2017-22428 Filed 10-16-17; 8:45 am] BILLING CODE 4312-52-P
    INTERNATIONAL BOUNDARY AND WATER COMMISSION United States and Mexico United States Section; Notice of Availability of a Draft Environmental Assessment and Finding of No Significant Impact for Channel Maintenance Alternatives at Thurman I and II Arroyos in Hatch, NM, Rio Grande Canalization Project AGENCY:

    United States Section, International Boundary and Water Commission, United States and Mexico (USIBWC).

    ACTION:

    Notice of Availability of the Draft Environmental Assessment (EA).

    SUMMARY:

    Pursuant to Section 102(2)(c) of the National Environmental Policy Act of 1969; the Council on Environmental Quality Final Regulations; and the United States Section, Operational Procedures for Implementing Section 102 of NEPA, published in the Federal Register September 2, 1981, (46 FR 44083); the United States Section hereby gives notice that the Draft Environmental Assessment and Finding of No Significant Impact for Channel Maintenance Alternatives at Thurman I and II Arroyos in Hatch, NM, Rio Grande Canalization Project is available. An environmental impact statement will not be prepared unless additional information which may affect this decision is brought to our attention within 30-days from the date of this Notice.

    Public Comments: USIBWC will consider substantive comments from the public and stakeholders for 30 days after the date of publication of this Notice of Availability in the Federal Register.

    Please note all written and email comments received during the comment period will become part of the public record, including any personal information you may provide. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. All submissions from organizations or businesses, and from individuals identifying themselves as representatives or officials of organizations or businesses, will be made available for public disclosure in their entirety.

    Comments and requests for public hearings should be sent to: Elizabeth Verdecchia, Natural Resources Specialist, USIBWC, 4171 N. Mesa, C-100; El Paso, Texas 79902. Telephone: (915) 832-4701, Fax: (915) 493-2428, email: [email protected]

    Background: The USIBWC is considering constructing sediment control projects at Thurman I and II, two ephemeral tributaries of the Rio Grande, located within a portion of the Rio Grande Canalization Project protective levee system in Hatch, Doña Ana County, New Mexico. The USIBWC has the statutory authority to maintain the Rio Grande (Act of June 4, 1936, 49 Stat. 1463, Pub. L. 648 and 22 United States Code 277). USIBWC commissioned a study in 2015 that recommended sediment control structures be built on Thurman I and II arroyos, among others, to trap sediment and assist in the maintenance of the Rio Grande.

    The purpose is to construct sediment control structures on Thurman I and II arroyos with the following objectives:

    (1) Control the inflow of sediment into the Rio Grande mainstem,

    (2) Conduct a pilot study for channel maintenance alternatives, and

    (3) Be accessible for maintenance and minimize operational costs.

    This EA evaluates potential environmental impacts of the No Action Alternative and two alternatives. The Alternative A: No Action—Routine Sediment Excavation does not call for any construction but would require continued routine sediment excavation at the confluence of the arroyos and the Rio Grande. Alternative B: Mesh-Based Sediment Traps proposes to construct mesh and rebar sediment traps where each mesh would trap progressively smaller sediment particles. Alternative C: Sediment Basins is the Preferred Alternative, and calls for the construction of a sediment basin at each arroyo with a concrete end wall. Permits would be required from the U.S. Army Corps of Engineers for dredge and fill of Waters of the United States, per the Clean Water Act Sections 404 and 401.

    Potential impacts on natural, cultural, and other resources were evaluated. Mitigation has been proposed for permits for construction. A Finding of No Significant Impact has been prepared for the Preferred Alternative based on a review of the facts and analyses contained in the EA.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Verdecchia, Natural Resources Specialist, USIBWC, 4171 N. Mesa, C-100; El Paso, Texas 79902. Telephone: (915) 832-4701, Fax: (915) 493-2428, email: [email protected].

    Availability: The electronic version of the Draft EA is available from the USIBWC Web page: https://www.ibwc.gov/EMD/EIS_EA_Public_Comment.html.

    Dated: October 5, 2017. Matt Myers, Chief Legal Counsel.
    [FR Doc. 2017-22475 Filed 10-16-17; 8:45 am] BILLING CODE 7010-01-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint and motion for temporary relief entitled Certain Network Personal Computers and Mobile Devices, DN 3265; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint, a motion for temporary relief, and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Aqua Connect, Inc. on October 11, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain network personal computers and mobile devices. The complaint names as respondent Apple, Inc. of Cupertino, CA. The complainant requests that the Commission issue a limited exclusion order, a cease and desist order and impose a bond upon respondent's alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondent, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3265”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202-205-2000).

    1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3

    2 All contract personnel will sign appropriate nondisclosure agreements.

    3 Electronic Document Information System (EDIS): https://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: October 11, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-22395 Filed 10-16-17; 8:45 am] BILLING CODE 7020-02-P
    JOINT BOARD FOR THE ENROLLMENT OF ACTUARIES Meeting of the Advisory Committee; Meeting AGENCY:

    Joint Board for the Enrollment of Actuaries.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Joint Board for the Enrollment of Actuaries gives notice of a closed meeting of the Advisory Committee on Actuarial Examinations.

    DATES:

    The meeting will be held on November 3, 2017, from 8:30 a.m. to 5:00 p.m.

    ADDRESSES:

    The meeting will be held at Conduent, 420 Lexington Avenue, New York, NY 10170.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth Van Osten, Designated Federal Officer, Advisory Committee on Actuarial Examinations, at 703-414-2163.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that the Advisory Committee on Actuarial Examinations will meet at Conduent, 420 Lexington Avenue, New York, NY 10170, on November 3, 2017, from 8:30 a.m. to 5:00 p.m.

    The purpose of the meeting is to discuss topics and questions that may be recommended for inclusion on future Joint Board examinations in actuarial mathematics, pension law and methodology referred to in 29 U.S.C. 1242(a)(1)(B).

    A determination has been made as required by section 10(d) of the Federal Advisory Committee Act, 5 U.S.C. App., that the subject of the meeting falls within the exception to the open meeting requirement set forth in Title 5 U.S.C. 552b(c)(9)(B), and that the public interest requires that such meeting be closed to public participation.

    Dated: October 10, 2017. David M. Ziegler, Chair, Joint Board for the Enrollment of Actuaries.
    [FR Doc. 2017-22479 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    JUDICIAL CONFERENCE OF THE UNITED STATES Hearings of the Judicial Conference Advisory Committee on the Federal Rules of Appellate Procedure AGENCY:

    Advisory Committee on the Federal Rules of Appellate Procedure, Judicial Conference of the United States.

    ACTION:

    Notice of cancellation of public hearing.

    SUMMARY:

    The following public hearing on proposed amendments to the Federal Rules of Appellate Procedure has been canceled: Appellate Rules Hearing on November 9, 2017, in Washington, DC.

    FOR FURTHER INFORMATION CONTACT:

    Rebecca A. Womeldorf, Rules Committee Secretary, Rules Committee Staff, Administrative Office of the United States Courts, Washington, DC 20544, telephone (202) 502-1820.

    SUPPLEMENTARY INFORMATION:

    Announcement for this hearing was previously published in 82 FR 37610.

    Dated: October 12, 2017. Rebecca A. Womeldorf, Rules Committee Secretary.
    [FR Doc. 2017-22480 Filed 10-16-17; 8:45 am] BILLING CODE 2210-55-P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Advanced Media Workflow Association, Inc.

    Notice is hereby given that, on September 18, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Advanced Media Workflow Association, Inc. has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Bosch Security Systems, Inc., Fairport, NY; Juniper Networks, Sunnyvale, CA; Korean Broadcast System, Seoul, REPUBLIC OF KOREA; Telstra, Melbourne, AUSTRALIA; Xytech Systems, Chatsworth, CA; and Yamaha Corporation, Hamamatsu, JAPAN, have been added as parties to this venture.

    Also, Digital Media Centre B.V., Amsterdam, NETHERLANDS; IBM, Somers, NY; MNC Software, Inc., San Diego, CA; Real-Time Innovations (RTI), Sunnyvale, CA; SVT, Stockholm, SWEDEN; TransMedia Dynamics Ltd., Aylesbury, UNITED KINGDOM; Laurence Cook (individual member), Portland, OR; Gabor Fogacs (individual member), Budapest, HUNGARY; Laurance Hughes (individual member), Sydney, AUSTRALIA; Douglas McGee (individual member), Columbus, OH; Christiano Nuernberg (individual member), Cambridge, MA; and Joseph Spillman (individual member), Temecula, CA, have withdrawn as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and Advanced Media Workflow Association, Inc. intends to file additional written notifications disclosing all changes in membership.

    On March 28, 2000, Advanced Media Workflow Association, Inc. filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 29, 2000 (65 FR 40127).

    The last notification was filed with the Department on June 26, 2017. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on July 20, 2017 (82 FR 33516).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2017-22440 Filed 10-16-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—PXI Systems Alliance, Inc.

    Notice is hereby given that, on September 26, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), PXI Systems Alliance, Inc. (“PXI Systems”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Advanced Testing Technologies, Inc., Hauppauge, NY; and CERN, Geneva, SWITZERLAND, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and PXI Systems intends to file additional written notifications disclosing all changes in membership.

    On November 22, 2000, PXI Systems filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on March 8, 2001 (66 FR 13971).

    The last notification was filed with the Department on July 3, 2017. A notice was published in the Federal Register pursuant to Section 6(b) of the Act on July 25, 2017 (82 FR 34550).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2017-22439 Filed 10-16-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division United States v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA); Proposed Final Judgment and Competitive Impact Statement

    Notice is hereby given pursuant to the Antitrust Procedures and Penalties Act, 15 U.S.C. 16(b)-(h), that a proposed Final Judgment, Hold Separate Stipulation and Order, and Competitive Impact Statement have been filed with the United States District Court for the District of Columbia in United States of America v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA), Civil Action No. 1:17-cv-1992. On September 27, 2017, the United States filed a Complaint alleging that Showa Denko K.K.'s (“SDK”) proposed acquisition of the global graphite electrodes business of SGL Carbon SE (“SGL”) would violate Section 7 of the Clayton Act, 15 U.S.C. 18. The proposed Final Judgment, filed at the same time as the Complaint, requires SDK to divest SGL's entire U.S. graphite electrodes business.

    Copies of the Complaint, proposed Final Judgment, and Competitive Impact Statement are available for inspection on the Antitrust Division's Web site at http://www.justice.gov/atr and at the Office of the Clerk of the United States District Court for the District of Columbia. Copies of these materials may be obtained from the Antitrust Division upon request and payment of the copying fee set by Department of Justice regulations.

    Public comment is invited within 60 days of the date of this notice. Such comments, including the name of the submitter, and responses thereto, will be posted on the Antitrust Division's website, filed with the Court, and, under certain circumstances, published in the Federal Register. Comments should be directed to Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, Department of Justice, 450 Fifth Street NW., Suite 8700, Washington, DC 20530 (telephone: 202-307-0924).

    Patricia A. Brink, Director of Civil Enforcement. United States District Court for the District of Columbia

    United States of America, U.S. Department of Justice, Antitrust Division, 450 Fifth Street NW., Suite 8700, Washington, DC 20530, Plaintiff, v. Showa Denko K.K., 13-9 Shiba Daimon 1-chome, Minato-ku, Tokyo 105-8518, Japan, SGL Carbon SE, Soehnleinstrasse 8, 65201 Weisbaden, Germany, and SGL GE Carbon Holding LLC (USA), 10130 Perimeter Parkway, Suite 500, Charlotte, NC 28216, Defendants.

    Case No: 1:17-cv-01992 Judge: James E. Boasberg
    COMPLAINT

    The United States of America, acting under the direction of the Attorney General of the United States, brings this civil antitrust action to enjoin Showa Denko K.K.'s (“SDK”) proposed acquisition of SGL Carbon SE's (“SGL Carbon”) global graphite electrode business and to obtain other equitable relief. The United States alleges as follows:

    I. NATURE OF THE ACTION

    1. On October 20, 2016, SDK announced an agreement to acquire SGL Carbon's global graphite electrode business for approximately $264.5 million. SDK and SGL Carbon manufacture and sell large ultra-high power (“UHP”) graphite electrodes, a critical input needed to melt scrap steel in electric arc furnaces (“EAFs”) at steel mills. SDK and SGL Carbon are two of the three leading suppliers of large UHP graphite electrodes utilized in EAFs in the United States and have a combined market share of approximately 56 percent.

    2. The proposed acquisition would eliminate vigorous head-to-head competition between SDK and SGL Carbon for the business of U.S. EAF customers. For a significant number of U.S. EAF steel mills, SDK and SGL Carbon are two of the top suppliers of large UHP graphite electrodes, and the competition between SDK and SGL Carbon has resulted in lower prices, higher quality electrodes, and better service. Notably, SDK and SGL Carbon are two of only three firms that operate manufacturing facilities in North America in an industry where a local manufacturing presence is important to customers to ensure reliability of supply at an affordable cost. The proposed acquisition likely would give SDK the ability to raise prices or decrease the quality of delivery and service provided to these customers.

    3. As a result, the proposed acquisition likely would substantially lessen competition in the manufacture and sale of large UHP graphite electrodes sold to EAF steel mills in the United States in violation of Section 7 of the Clayton Act, 15 U.S.C. 18, and should be enjoined.

    II. JURISDICTION AND VENUE

    4. The United States brings this action pursuant to Section 15 of the Clayton Act, as amended, 15 U.S.C. 25, to prevent and restrain defendants from violating Section 7 of the Clayton Act, 15 U.S.C. 18.

    5. Defendants manufacture and sell large UHP graphite electrodes throughout the United States. They are engaged in a regular, continuous, and substantial flow of interstate commerce, and their activities in the manufacture and sale of large UHP graphite electrodes have a substantial effect upon interstate commerce. The Court has subject matter jurisdiction over this action pursuant to Section 15 of the Clayton Act, 15 U.S.C. 25, and 28 U.S.C. 1331, 1337(a), and 1345.

    6. Defendants have consented to venue and personal jurisdiction in this district. This court has personal jurisdiction over each defendant and venue is proper in this district under Section 12 of the Clayton Act, 15 U.S.C. 22, and 28 U.S.C. 1391(c).

    III. DEFENDANTS AND THE PROPOSED ACQUISITION

    7. Defendant SDK is a corporation organized under the laws of Japan and headquartered in Tokyo, Japan. SDK is one of Japan's leading chemical companies and graphite electrodes are a primary line of business. SDK, which operates in approximately 14 countries, had revenues of approximately $5.8 billion in 2016. SDK's worldwide revenues from sales of graphite electrodes in 2016 were $248 million, and its U.S. revenues from sales of graphite electrodes in 2016 were approximately $85 million.

    8. Defendant SGL Carbon is a publicly-owned company organized under the laws of Germany and headquartered in Wiesbaden, Germany. SGL Carbon is a leading manufacturer of carbon-based products, ranging from carbon and graphite products to carbon fibers and composites, and its operations extend to 34 countries. In 2016, SGL Carbon had global revenues of approximately $885 million. SGL Carbon's worldwide revenues from sales of graphite electrodes in 2016 were approximately $326.6 million, and its U.S. revenues from sales of graphite electrodes in 2016 were approximately $58.6 million.

    9. Defendant SGL GE Carbon Holding LLC (USA) (“SGL US”), an indirect, wholly-owned subsidiary of SGL Carbon, is a Delaware limited liability company headquartered in Charlotte, North Carolina. SGL US is the sole shareholder of SGL GE Carbon LLC, which owns the assets of SGL US's operations in the United States, including SGL's Hickman and Ozark graphite electrode plants.

    10. Pursuant to an October 20, 2016 Sale and Purchase Agreement, SDK agreed to acquire all of the corporate entities comprising SGL Carbon's graphite electrodes global operations, including SGL US, for approximately $264.5 million.

    IV. TRADE AND COMMERCE A. Industry Background

    11. Graphite electrodes are used as conductors of electricity to generate sufficient heat to melt scrap metal in EAFs or to refine steel in ladle metallurgical furnaces. In a typical EAF operation, a series of electrodes (usually three) are attached to a crane-like device with connecting pins to form columns that are suspended over a large bucket of scrap steel. Large amounts of electricity are sent through the electrodes and the resulting heat melts the scrap into liquid.

    12. Graphite electrodes are consumed as they are used and continually need to be replaced with fresh electrodes. Electrodes are designed in a range of sizes to fit the characteristics of each furnace and are suited to the electrical properties of a specific EAF. In particular, the opening through which electrodes are inserted into the furnace is only wide enough to admit electrodes of a certain diameter.

    13. Graphite electrodes are subdivided into three grades: low power, high power, and UHP, where grade refers to the level of current-carrying capacity of the graphite electrode. EAFs typically utilize large UHP graphite electrodes that are between 18 and 32 inches in diameter and are characterized by an ability to withstand high currents and significant thermal stasis. Given that they are the most sophisticated products used for the most demanding steelmaking applications, large UHP graphite electrodes are produced by a smaller number of manufacturers than low power and high power graphite electrodes.

    14. EAF steel mills, which are part of a vital U.S. industry involved in the manufacture and sale of steel and steel products used for many applications, represent an average of 45 percent of all domestic steel production. Large UHP graphite electrodes constitute a material operational input cost to these EAF steel mills that affects their ability to compete vigorously with steel made in blast furnaces both domestically and internationally. Over the past three years, U.S. EAF steel mills collectively averaged $262 million in large UHP graphite electrode purchases, and that number is expected to increase in the coming years due to a recent increase in steel demand and a decrease in the volume of steel imported into the United States.

    15. Large UHP graphite electrodes are purchased through an annual bid process where manufacturers are invited to bid for an entire year or partial year's supply. Manufacturers are qualified through a trialing process where graphite electrodes are evaluated based on both commercial risks and the total cost per ton of melted steel. EAF customers evaluate electrode suppliers based on the reliability and efficiency of their electrodes, the timeliness of electrode delivery, the supplier's commercial business practices, and ongoing technical service capabilities. Many customers prefer qualified suppliers with domestic manufacturing capability (which helps ensure reliable on-time delivery) and a robust local service operation (which enables prompt deployment of established technical expertise and support). EAF customers typically avoid suppliers that develop a reputation for graphite electrode breakages even when they offer electrodes at steep discounts because the costs of temporarily shutting down a furnace to remove broken electrode pieces can be significantly greater than the potential short-term savings from cheaper electrodes.

    16. Large UHP graphite electrodes are priced by the pound, and quantities are described using metric tons. A typical U.S. EAF furnace operating at an average utilization rate may spend up to $4 million per year on electrodes for that furnace. Electrodes usually are ordered in advance and are expected to be shipped in a timely manner by truck to each steel mill, where they are stored until used, although some customers have consignment arrangements with manufacturers that keep inventories of graphite electrodes in the manufacturers' own warehouses.

    B. The Relevant Product Market

    17. There are no functional substitutes for large UHP graphite electrodes for U.S. EAF steel mills. Without large UHP graphite electrodes, an EAF steel mill cannot be operated and must be idled. Moreover, each EAF steel mill requires large UHP graphite electrodes of a specific diameter; a customer cannot substitute a different size graphite electrode than that for which its EAF is outfitted because the electrode would not fit and could not handle the level of current. Thus, it is likely that every individual size of large UHP graphite electrodes is a separate relevant product market. Because market participation by manufacturers is similar, and potential anticompetitive effects likely are similar across the entire range of sizes, all large UHP graphite electrodes can be grouped together in a single market for purposes of analysis.

    18. A small but significant increase in the price of large UHP graphite electrodes sold to EAF steel mills would not cause customers of such electrodes to substitute a different kind of electrode or any other product, or to reduce purchases of such electrodes in volumes sufficient to make such a price increase unprofitable. Accordingly, the manufacture and sale of large UHP graphite electrodes sold to EAF steel mills is a line of commerce and relevant product market within the meaning of Section 7 of the Clayton Act.

    C. The Relevant Geographic Market

    19. Individual U.S. EAF customers solicit bids from large UHP graphite electrode producers and these producers develop individualized bids based on each U.S. EAF customer Request for Proposal (“RFP”). This bidding process enables large UHP graphite electrode producers to engage in “price discrimination,” i.e., to charge different prices to different EAF customers. A small but significant increase in the prices of large UHP graphite electrodes can therefore be targeted to customers in the United States, and would not cause a sufficient number of these customers to buy electrodes from customers outside the United States so as to make such a price increase unprofitable. Since the availability of domestic technical services is important to U.S. customers, these customers would not buy electrodes from customers outside the United States. Accordingly, the United States is a relevant geographic market within the meaning of Section 7 of the Clayton Act.

    D. Anticompetitive Effects

    20. SDK and SGL Carbon have market shares of approximately 35 and 21 percent, respectively, in the relevant market. The third major seller of large UHP graphite electrodes to U.S. EAF customers has a market share of 22 percent. The remaining competitors combined account for only 22 percent of the market and are comprised of firms based in Japan, India, Russia, and China.

    21. As articulated in the Horizontal Merger Guidelines issued by the Department of Justice and the Federal Trade Commission (the “Horizontal Merger Guidelines”), the Herfindahl-Hirschman Index (“HHI”), discussed in Appendix A, is a widely-used measure of market concentration. Market concentration is often a useful indicator of the level of competitive vigor in a market and the likely competitive effects of a merger. The more concentrated a market, the more likely it is that a transaction would result in a meaningful reduction in competition and harm consumers. Markets in which the HHI exceeds 2,500 points are considered highly concentrated, and transactions that result in highly concentrated markets and increase the HHI by more than 200 points are presumed to be likely to enhance market power.

    22. In the market for the manufacture and sale of large UHP graphite electrodes used in U.S. EAF steel mills, the pre-merger HHI is 2230 and the post-merger HHI is 3693, representing an increase in the HHI of 1,463. Under the Horizontal Merger Guidelines, the proposed acquisition will result in a highly concentrated market and is thus presumed likely to enhance market power.

    23. In addition to increasing concentration, SDK's acquisition of SGL Carbon's global graphite electrode business would eliminate head-to-head competition between SDK and SGL Carbon to supply large UHP graphite electrodes to U.S. EAF steel mills. SDK and SGL Carbon both have a strong reputation for high-quality graphite electrodes, a robust local manufacturing presence, an established delivery infrastructure, and superior technical service capabilities and support, including proprietary software specifically designed to assist steel mills in the installation and efficient maintenance of electrodes within their EAFs. SDK and SGL Carbon compete directly on price, quality, delivery, and technical service, and the competition between them has directly benefitted U.S. EAF customers.

    24. Only one other significant competitor besides SDK and SGL Carbon sells large UHP graphite electrodes in the U.S. and has a similar reputation for quality, shipment and delivery logistics, and local technical service. The transaction is likely to lead to higher prices because, for most customers, it will reduce the number of significant bidders from three to two.

    25. Although other firms have participated in the U.S. market with limited sales, none of these firms individually or collectively are positioned to constrain a unilateral exercise of market power by SDK after the acquisition. The most significant of these firms, based in Japan, has a long history of sales of large UHP graphite electrodes in the United States, a good reputation for quality, and an enduring small presence in the market. However, it and the remaining small firms that have made sales to U.S. EAF steel mills are disadvantaged by their lack of domestic manufacturing capability, limited delivery and technical service infrastructure, and high costs. Some additionally are disadvantaged because of lower product quality. The response of other participants in the relevant market therefore would not be sufficient to constrain a unilateral exercise of market power by SDK after the acquisition.

    26. For all of these reasons, the proposed transaction likely would substantially lessen competition in the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills and lead to higher prices and decreased quality of delivery and service.

    E. Difficulty of Entry

    27. Entry of additional competitors into the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills is unlikely to be timely, likely, or sufficient to prevent the harm to competition caused by the elimination of SGL Carbon as an independent supplier. Over the past two decades, several firms have attempted to make a meaningful entry into the U.S. market, notably from India and China, but have not been able to make substantial sales or become preferred suppliers.

    28. Firms attempting to enter into the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills face significant entry barriers in terms of cost and time. First, a new entrant into this business must be able to construct a manufacturing facility, which entails substantial time and expense. Second, such an entrant must have the technical capabilities necessary to design and manufacture high quality graphite electrodes that meet customer requirements for performance and reliability. Third, both new entrants and graphite electrode manufacturers who do not currently participate in the U.S. market must typically demonstrate competence to EAF customers in the U.S. through a lengthy qualification and trial period during which the supplier must establish a strong performance record and avoid product breakages that can cause EAF outages. Fourth, an entrant must have a strong local infrastructure in place to assure customers of reliable delivery and the prompt deployment of qualified expertise, including technical services associated with installation and maintenance of the electrodes.

    29. As a result of these barriers, entry into the market for the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills would not be timely, likely, or sufficient to defeat the substantial lessening of competition that likely would result from SDK's acquisition of SGL Carbon's global graphite electrode business.

    V. VIOLATION ALLEGED

    30. The acquisition of SGL Carbon's global graphite electrode business by SDK likely would substantially lessen competition for the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills in violation of Section 7 of the Clayton Act, 15 U.S.C. 18.

    31. Unless enjoined, the transaction likely would have the following anticompetitive effects, among others:

    a. competition between SDK and SGL Carbon in the market for the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills would be eliminated; and

    b. prices for large UHP graphite electrodes sold to U.S. EAF steel mills likely would be less favorable, and quality of delivery and service likely would decline.

    VI. REQUESTED RELIEF

    32. The United States requests that this Court:

    a. adjudge and decree SDK's proposed acquisition of SGL Carbon's global graphite electrode business to be unlawful and in violation of Section 7 of the Clayton Act, 15 U.S.C. 18;

    b. preliminarily and permanently enjoin and restrain defendants and all persons acting on their behalf from consummating the proposed acquisition or from entering into or carrying out any contract, agreement, plan, or understanding, the effect of which would be to combine SGL Carbon's global graphite electrode business with the operations of SDK;

    c. award the United States its costs of this action; and

    d. award the United States such other and further relief as the Court deems just and proper.

    Respectfully submitted, FOR PLAINTIFF UNITED STATES OF AMERICA Andrew M. Finch, Acting Assistant Attorney General. Bernard A. Nigro, Jr., Deputy Assistant Attorney General. Patricia A. Brink, Director of Civil Enforcement. Maribeth Petrizzi, Chief, Litigation II Section. D.C. Bar # 435204 David E. Altschuler, Assistant Chief, Litigation II Section. D.C. Bar # 983023 Bashiri Wilson,* James K. Foster Attorneys, U.S. Department of Justice, Antitrust Division, Litigation II Section, 450 Fifth Street NW., Suite 8700, Washington, DC 20530, Tel.: (202) 514-8362, Fax: (202) 514-9033, Email: [email protected] *Attorney of Record Dated: September 27, 2017 Appendix A DEFINITION OF HHI

    The term “HHI” means the Herfindahl-Hirschman Index, a commonly accepted measure of market concentration. The HHI is calculated by squaring the market share of each firm competing in the market and then summing the resulting numbers. For example, for a market consisting of four firms with shares of 30, 30, 20, and 20 percent, the HHI is 2,600 (302 + 302 + 202 + 202 = 2,600). The HHI takes into account the relative size distribution of the firms in a market. It approaches zero when a market is occupied by a large number of firms of relatively equal size and reaches a maximum of 10,000 points when it is controlled by a single firm. The HHI increases both as the number of firms in the market decreases and as the disparity in size between those firms increases.

    Markets in which the HHI is between 1,500 and 2,500 points are considered to be moderately concentrated and markets in which the HHI is in excess of 2,500 points are considered to be highly concentrated. See Horizontal Merger Guidelines § 5.3 (issued by the U.S. Department of Justice and the Federal Trade Commission on August 19, 2010). Transactions that increase the HHI by more than 200 points in highly concentrated markets will be presumed likely to enhance market power. Id.

    United States District Court for the District Of Columbia

    United States of America, Plaintiff, v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA), Defendants.

    Case No: 1:17-cv-01992 Judge: James E. Boasberg
    COMPETITIVE IMPACT STATEMENT

    Plaintiff United States of America (“United States”), pursuant to Section 2(b) of the Antitrust Procedures and Penalties Act (“APPA” or “Tunney Act”), 15 U.S.C. 16(b)-(h), files this Competitive Impact Statement relating to the proposed Final Judgment submitted for entry in this civil antitrust proceeding.

    I. NATURE AND PURPOSE OF THE PROCEEDING

    On October 20, 2016, defendants Showa Denko K.K. (“SDK”), SGL Carbon SE (“SGL Carbon”), and SGL GE Carbon Holding LLC (USA) (“SGL US”) entered into an agreement pursuant to which SDK agreed to acquire SGL Carbon's global graphite electrode business for approximately $264.5 million.

    The United States filed a civil antitrust Complaint on September 27, 2017 seeking to enjoin the proposed acquisition. The Complaint alleges that the likely effect of this acquisition would be to lessen competition substantially for the manufacture and sale of large ultra-high power (“UHP”) graphite electrodes sold to electric arc furnace (EAF) steel mills in the United States in violation of Section 7 of the Clayton Act, 15 U.S.C. 18. This loss of competition likely would give SDK the ability and incentive to increase prices or decrease the quality of delivery and service provided to U.S. EAF customers.

    At the same time the Complaint was filed, the United States also filed a Hold Separate Stipulation and Order (“Hold Separate”) and proposed Final Judgment, which are designed to eliminate the anticompetitive effects of the acquisition. Under the proposed Final Judgment, which is explained more fully below, defendants are required to divest SGL Carbon's entire U.S. graphite electrodes business (the “Divestiture Assets”) to Tokai Carbon Co., Ltd. (“Tokai”) or to an alternate Acquirer approved by the United States. Under the terms of the Hold Separate, defendants will take certain steps to ensure that the Divestiture Assets are operated as a competitive, independent, economically viable, and ongoing business concern, that the Divestiture Assets will remain independent and uninfluenced by the consummation of the acquisition, and that competition is maintained during the pendency of the ordered divestiture.

    The United States and defendants have stipulated that the proposed Final Judgment may be entered after compliance with the APPA. Entry of the proposed Final Judgment would terminate this action, except that the Court would retain jurisdiction to construe, modify, or enforce the provisions of the proposed Final Judgment and to punish violations thereof.

    II. DESCRIPTION OF THE EVENTS GIVING RISE TO THE ALLEGED VIOLATION A. The Defendants and the Transaction

    SDK, a Japanese corporation headquartered in Tokyo, Japan, is one of Japan's leading chemical companies, and had global sales of approximately $5.8 billion in 2016. SDK is one of the world's largest providers of graphite electrodes, with global sales of $248 million in 2016, including approximately $85 million in U.S. revenues from graphite electrodes sales.

    SGL Carbon is a German-based corporation headquartered in Wiesbaden, Germany. SGL Carbon is a leading manufacturer of carbon-based products, ranging from carbon and graphite products to carbon fibers and composites, with operations in 34 countries. SGL Carbon is a leading global producer of graphite electrodes, with worldwide graphite electrode revenues of approximately $326.6 million in 2016, including approximately $58.6 million from sales of graphite electrodes in the United States.

    SGL US, an indirect, wholly-owned subsidiary of SGL Carbon, is a Delaware limited liability company headquartered in Charlotte, North Carolina. SGL US is the sole shareholder of SGL GE Carbon LLC, which owns the assets of SGL US's operations in the United States, including SGL Carbon's Hickman and Ozark graphite electrode plants.

    Pursuant to an agreement dated October 20, 2016, SDK intends to acquire SGL Carbon's global graphite electrode operations, including SGL US, for approximately $264.5 million. The proposed acquisition, as initially agreed to by defendants, would lessen competition substantially in the manufacture and sale of large UHP graphite electrodes to U.S. EAF customers. This acquisition is the subject of the Complaint and proposed Final Judgment filed today by the United States.

    B. Graphite Electrode Industry Overview

    Graphite electrodes are used to conduct electricity to generate sufficient heat to melt scrap metal in EAFs or to refine steel in ladle metallurgical furnaces. In a typical EAF operation, a series of electrodes are attached to a steel arm with connecting pins to form columns that are suspended over a large bucket of scrap steel. Large amounts of electricity are sent through the electrodes and the resulting heat melts the scrap into liquid. Graphite electrodes are consumed as they are used and continually need to be replaced with fresh electrodes. Electrodes are designed in a range of sizes to fit the characteristics of each furnace and are suited to the electrical properties of a specific EAF.

    Graphite electrodes are subdivided into three grades based on their level of current-carrying capacity: low power, high power, and UHP. EAFs typically utilize UHP graphite electrodes that are between 18 and 32 inches in diameter and are characterized by an ability to withstand high currents. Large UHP graphite electrodes are the most sophisticated products used for the most demanding steelmaking applications and, as a result, are produced by a smaller number of manufacturers than low power or high power graphite electrodes.

    EAF steel mills, which are a part of a vital U.S. industry involved in the manufacture and sale of steel and steel products used for many applications, represent an average of 45 percent of all domestic steel production. Over the past three years, U.S. EAF steel mills collectively averaged $262 million in large UHP graphite electrode purchases, and that number is expected to increase in the coming years due to a recent increase in steel demand and a decrease in the volume of steel imported into the United States.

    Large UHP graphite electrodes are purchased through an annual bid process where manufacturers are invited to bid for an entire year or partial year's supply. EAF customers evaluate electrode suppliers based on the reliability and efficiency of their electrodes, the timeliness of electrode delivery, the supplier's commercial business practices, and ongoing technical service capabilities. Many U.S. customers prefer suppliers that have a domestic manufacturing capability and a robust local service operation. Given the high costs of temporarily shutting down a furnace to remove broken electrode pieces, EAF customers typically avoid suppliers that develop a reputation for graphite electrode breakages even if the supplier offers electrodes at steep discounts. Electrodes usually are ordered in advance and are expected to be shipped in a timely manner by truck to each steel mill, where they are stored until used, although some customers have consignment arrangements with manufacturers that keep inventories of graphite electrodes in the manufacturers' own warehouses.

    C. Relevant Markets Affected by the Proposed Acquisition

    As alleged in the Complaint, there are no functional substitutes for large UHP graphite electrodes for U.S. EAF steel mills. Without large UHP graphite electrodes, EAF steel mills cannot be operated and must be idled. Moreover, customers cannot substitute a different size graphite electrode for use in an EAF because the electrode size and current-carrying capacity is tailored to the specific facility. For these reasons, the Complaint alleges that it is likely that every individual size of large UHP graphite electrodes is a separate relevant product market. Because market participation by manufacturers is similar, and potential anticompetitive effects likely are similar across the entire range of sizes, all large UHP graphite electrodes can be grouped together in a single market for purposes of analysis. The Complaint alleges that a hypothetical profit-maximizing monopolist of large UHP graphite electrodes likely would impose a small but significant non-transitory increase in price (“SSNIP”) that would not be defeated by substitution to a different kind of electrode or any other product, or result in a reduction in purchases of such electrodes in volumes sufficient to make such a price increase unprofitable. Accordingly, the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills is a line of commerce and relevant market within the meaning of Section 7 of the Clayton Act.

    As alleged in the Complaint, the United States is the relevant geographic market for the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills. In the United States, individual EAF customers solicit bids from producers of large UHP graphite electrodes, and these producers develop individualized bids based on each customer's Request for Proposal. The bidding process enables large UHP graphite electrode producers to engage in “price discrimination,” i.e., to charge different prices to different EAF customers. A small but significant increase in the prices of large UHP graphite electrodes can therefore be targeted to customers in the United States without causing a sufficient number of these customers to use arbitrage to defeat the price increase, such as by buying electrodes from customers outside the country so as to make such a price increase unprofitable. Since the availability of domestic technical services is important to U.S. customers, these customers would not buy electrodes from customers outside the United States. Accordingly, the United States is a relevant geographic market within the meaning of Section 7 of the Clayton Act.

    D. Anticompetitive Effects

    According to the Complaint, the proposed acquisition would substantially increase concentration in the relevant market. SDK and SGL Carbon have market shares of approximately 35 and 21 percent, respectively, in the relevant market; a third major seller of large UHP graphite electrodes to U.S. EAF customers has a market share of 22 percent. The remaining competitors, which include firms from Japan, India, Russia, and China, have a combined 22 percent share. Under the Herfindahl-Hirschman Index (“HHI”), a widely-used measure of market concentration utilized in the Horizontal Merger Guidelines issued by the Department of Justice and the Federal Trade Commission (the “Horizontal Merger Guidelines”), the pre-merger HHI is 2230 and the post-merger HHI is 3693, representing an increase in the HHI of 1,463. As discussed in the Horizontal Merger Guidelines and alleged in the Complaint, these HHIs indicate that the proposed acquisition will result in a highly concentrated market and is presumed likely to enhance market power.

    In addition to increasing concentration, the Complaint alleges that SDK's acquisition of SGL Carbon's global graphite electrode business would eliminate head-to-head competition between SDK and SGL Carbon in the relevant market. Both SDK and SGL Carbon have a strong reputation for high-quality graphite electrodes, a robust local manufacturing presence, an established delivery infrastructure, and superior technical service capabilities and support, including proprietary software specifically designed to assist steel mills in the installation and efficient maintenance of electrodes within their EAFs. As alleged in the Complaint, SDK and SGL Carbon compete directly on price, quality, delivery, and technical service, and the competition between them has directly benefitted U.S. EAF customers.

    The Complaint further alleges that the acquisition is likely to lead to higher prices because there is only one other significant competitor with a comparable reputation for product quality, shipment and delivery logistics, and local technical service, and therefore, for most customers, the transaction will reduce the number of significant bidders from three to two. According to the Complaint, the remaining market participants, each of which has participated in the U.S. market with only limited sales, are not in a position to constrain a unilateral exercise of market power by SDK after the acquisition. The most significant of these firms, based in Japan, has a long history of sales of large UHP graphite electrodes in the United States, a good reputation for quality, and an enduring small presence in the market. However, this firm and the other remaining firms that have made limited sales to U.S. EAF steel mills are each disadvantaged by a lack of domestic manufacturing capability, limited delivery and technical service infrastructure, and high costs. As a result, none of these firms will be able to replace the competition lost as a result of SDK's acquisition of SGL Carbon's global graphite electrode business.

    E. Barriers to Entry

    As alleged in the Complaint, entry of additional competitors into the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills is unlikely to be timely, likely, or sufficient to prevent the harm to competition caused by the elimination of SGL Carbon as an independent supplier. New entrants face significant entry barriers in terms of cost and time, including the substantial time and expense required to construct a manufacturing facility, the need to build technical capabilities sufficient to meet customer expectations, the requirement that a new supplier demonstrate competence to U.S. customers through a lengthy qualification and trialing period, and the need to create a strong local infrastructure to ensure reliable and prompt delivery and technical service.

    III. EXPLANATION OF THE PROPOSED FINAL JUDGMENT

    The divestiture requirement of the proposed Final Judgment will eliminate the anticompetitive effects of the acquisition by establishing an independent and economically viable competitor in the manufacture and sale of large UHP graphite electrodes in the relevant market.

    Pursuant to the proposed Final Judgment, defendants must divest SGL Carbon's entire U.S. graphite electrodes business, which is defined in Paragraph II(F) to include SGL Carbon's manufacturing facilities located in Ozark, Arkansas and Hickman, Kentucky and all tangible and intangible assets used in connection with SGL Carbon's U.S. graphite electrodes business. Among the assets to be divested is SGL Carbon's CEDIS® EAF performance monitoring system, proprietary software specifically designed to assist steel mills in the installation and efficient maintenance of electrodes within their EAFs.

    Paragraph IV(A) of the proposed Final Judgment provides that defendants must divest the Divestiture Assets to Tokai Carbon Co., Ltd., or to an alternative acquirer acceptable to the United States within 45 days of the Court's signing of the Hold Separate. The Divestiture Assets must be divested in such a way as to satisfy the United States, in its sole discretion, that the operations can and will be operated by Tokai or an alternate purchaser as a viable, ongoing business that can compete effectively in the relevant market. Defendants must take all reasonable steps necessary to accomplish the divestiture quickly and shall cooperate with Tokai or any other prospective purchaser.

    The proposed Final Judgment contains several provisions designed to facilitate the Acquirer's immediate use of the Divestiture Assets. Paragraph IV(J) provides the Acquirer with the option to enter into a transition services agreement with SGL Carbon to obtain back office and information technology services and support for the Divestiture Assets for a period of up to one year. The United States, in its sole discretion, may approve one or more extensions of this agreement for a total of up to an additional 12 months. Paragraph IV(K) provides the Acquirer with the option to enter into a supply contract with SDK for connecting pins sufficient to meet all or part of the Acquirer's needs for a period of up to three years. Connecting pins are a component used to connect graphite electrodes in an EAF, and the inclusion of a supply option in the proposed Final Judgment will enable Tokai or an alternate acquirer to devote additional capacity to the manufacture of large UHP graphite electrodes if it so chooses. The proposed Final Judgment provides that the United States, in its sole discretion, may approve one or more extensions of this supply contract for a total of up to an additional 12 months.

    The proposed Final Judgment also contains provisions intended to facilitate the Acquirer's efforts to hire the employees involved in SGL Carbon's U.S. graphite electrode business. Paragraph IV(D) of the proposed Final Judgment requires defendants to provide the Acquirer with organization charts and information relating to these employees and make them available for interviews, and provides that defendants will not interfere with any negotiations by the Acquirer to hire them. In addition, Paragraph IV(E) provides that for employees who elect employment with the Acquirer, defendants, subject to exceptions, shall waive all noncompete and nondisclosure agreements, vest all unvested pension and other equity rights, and provide all benefits to which the employees would generally be provided if transferred to a buyer of an ongoing business. The paragraph further provides, that for a period of 12 months from the filing of the Complaint, defendants may not solicit to hire, or hire any such person who was hired by the Acquirer, unless such individual is terminated or laid off by the Acquirer or the Acquirer agrees in writing that defendants may solicit or hire that individual.

    In the event that defendants do not accomplish the divestiture within the period provided in the proposed Final Judgment, Paragraph V(A) provides that the Court will appoint a trustee selected by the United States to effect the divestitures. If a trustee is appointed, the proposed Final Judgment provides that defendants will pay all costs and expenses of the trustee. The trustee's commission will be structured so as to provide an incentive for the trustee based on the price obtained and the speed with which the divestiture is accomplished. After its appointment becomes effective, the trustee will file monthly reports with the Court and the United States setting forth its efforts to accomplish the divestiture. At the end of six months, if the divestiture has not been accomplished, the trustee and the United States will make recommendations to the Court, which shall enter such orders as appropriate, in order to carry out the purpose of the trust, including extending the trust or the term of the trustee's appointment.

    IV. REMEDIES AVAILABLE TO POTENTIAL PRIVATE LITIGANTS

    Section 4 of the Clayton Act, 15 U.S.C. 15, provides that any person who has been injured as a result of conduct prohibited by the antitrust laws may bring suit in federal court to recover three times the damages the person has suffered, as well as costs and reasonable attorneys' fees. Entry of the proposed Final Judgment will neither impair nor assist the bringing of any private antitrust damage action. Under the provisions of Section 5(a) of the Clayton Act, 15 U.S.C. 16(a), the proposed Final Judgment has no prima facie effect in any subsequent private lawsuit that may be brought against defendants.

    V. PROCEDURES AVAILABLE FOR MODIFICATION OF THE PROPOSED FINAL JUDGMENT

    The United States and defendants have stipulated that the proposed Final Judgment may be entered by the Court after compliance with the provisions of the APPA, provided that the United States has not withdrawn its consent. The APPA conditions entry upon the Court's determination that the proposed Final Judgment is in the public interest.

    The APPA provides a period of at least sixty (60) days preceding the effective date of the proposed Final Judgment within which any person may submit to the United States written comments regarding the proposed Final Judgment. Any person who wishes to comment should do so within sixty (60) days of the date of publication of this Competitive Impact Statement in the Federal Register, or the last date of publication in a newspaper of the summary of this Competitive Impact Statement, whichever is later. All comments received during this period will be considered by the United States Department of Justice, which remains free to withdraw its consent to the proposed Final Judgment at any time prior to the Court's entry of judgment. The comments and the response of the United States will be filed with the Court. In addition, comments will be posted on the Antitrust Division's internet website and, under certain circumstances, published in the Federal Register.

    Written comments should be submitted to: Maribeth Petrizzi, Chief, Litigation II Section, Antitrust Division, United States Department of Justice, 450 Fifth Street NW., Washington, DC 20530.

    The proposed Final Judgment provides that the Court retains jurisdiction over this action, and the parties may apply to the Court for any order necessary or appropriate for the modification, interpretation, or enforcement of the Final Judgment.

    VI. ALTERNATIVES TO THE PROPOSED FINAL JUDGMENT

    The United States considered, as an alternative to the proposed Final Judgment, a full trial on the merits against defendants. The United States could have continued the litigation and sought preliminary and permanent injunctions against SDK's acquisition of SGL Carbon's global graphite electrode business. The United States is satisfied, however, that the divestiture of assets described in the proposed Final Judgment will preserve competition for the manufacture and sale of large UHP graphite electrodes sold to U.S. EAF steel mills. Thus, the proposed Final Judgment would achieve all or substantially all of the relief the United States would have obtained through litigation, but avoids the time, expense, and uncertainty of a full trial on the merits of the Complaint.

    VII. STANDARD OF REVIEW UNDER THE APPA FOR THE PROPOSED FINAL JUDGMENT

    The Clayton Act, as amended by the APPA, requires that proposed consent judgments in antitrust cases brought by the United States be subject to a sixty-day comment period, after which the Court shall determine whether entry of the proposed Final Judgment “is in the public interest.” 15 U.S.C. 16(e)(1). In making that determination, the Court, in accordance with the statute as amended in 2004, is required to consider:

    (A) the competitive impact of such judgment, including termination of alleged violations, provisions for enforcement and modification, duration of relief sought, anticipated effects of alternative remedies actually considered, whether its terms are ambiguous, and any other competitive considerations bearing upon the adequacy of such judgment that the court deems necessary to a determination of whether the consent judgment is in the public interest; and

    (B) the impact of entry of such judgment upon competition in the relevant market or markets, upon the public generally and individuals alleging specific injury from the violations set forth in the complaint including consideration of the public benefit, if any, to be derived from a determination of the issues at trial.

    15 U.S.C. 16(e)(1)(A) & (B). In considering these statutory factors, the Court's inquiry is necessarily a limited one as the government is entitled to “broad discretion to settle with the defendant within the reaches of the public interest.” United States v. Microsoft Corp., 56 F.3d 1448, 1461 (D.C. Cir. 1995); see generally United States v. SBC Commc'ns, Inc., 489 F. Supp. 2d 1 (D.D.C. 2007) (assessing public interest standard under the Tunney Act); United States v. US Airways Group, Inc., 38 F. Supp. 3d 69, 75 (D.D.C. 2014) (explaining that the “court's inquiry is limited” in Tunney Act settlements); United States v. InBev N.V./S.A., No. 08-1965 (JR), 2009-2 Trade Cas. (CCH) ¶ 76,736, 2009 U.S. Dist. LEXIS 84787, at *3, (D.D.C. Aug. 11, 2009) (noting that the court's review of a consent judgment is limited and only inquires “into whether the government's determination that the proposed remedies will cure the antitrust violations alleged in the complaint was reasonable, and whether the mechanism to enforce the final judgment are clear and manageable.”).1

    1 The 2004 amendments substituted “shall” for “may” in directing relevant factors for court to consider and amended the list of factors to focus on competitive considerations and to address potentially ambiguous judgment terms. Compare 15 U.S.C. 16(e) (2004) with 15 U.S.C. 16(e)(1) (2006); see also SBC Commc'ns, 489 F. Supp. 2d at 11 (concluding that the 2004 amendments “effected minimal changes” to Tunney Act review).

    As the United States Court of Appeals for the District of Columbia Circuit has held, under the APPA a court considers, among other things, the relationship between the remedy secured and the specific allegations set forth in the government's complaint, whether the decree is sufficiently clear, whether enforcement mechanisms are sufficient, and whether the decree may positively harm third parties. See Microsoft, 56 F.3d at 1458-62. With respect to the adequacy of the relief secured by the decree, a court may not “engage in an unrestricted evaluation of what relief would best serve the public.” United States v. BNS, Inc., 858 F.2d 456, 462 (9th Cir. 1988) (quoting United States v. Bechtel Corp., 648 F.2d 660, 666 (9th Cir. 1981)); see also Microsoft, 56 F.3d at 1460-62; United States v. Alcoa, Inc., 152 F. Supp. 2d 37, 40 (D.D.C. 2001); InBev, 2009 U.S. Dist. LEXIS 84787, at *3. Courts have held that:

    [t]he balancing of competing social and political interests affected by a proposed antitrust consent decree must be left, in the first instance, to the discretion of the Attorney General. The court's role in protecting the public interest is one of insuring that the government has not breached its duty to the public in consenting to the decree. The court is required to determine not whether a particular decree is the one that will best serve society, but whether the settlement is “within the reaches of the public interest.” More elaborate requirements might undermine the effectiveness of antitrust enforcement by consent decree. Bechtel, 648 F.2d at 666 (emphasis added) (citations omitted).2 In determining whether a proposed settlement is in the public interest, a district court “must accord deference to the government's predictions about the efficacy of its remedies, and may not require that the remedies perfectly match the alleged violations.” SBC Commc'ns, 489 F. Supp. 2d at 17; see also US Airways, 38 F. Supp. 3d at 75 (noting that a court should not reject the proposed remedies because it believes others are preferable); Microsoft, 56 F.3d at 1461 (noting the need for courts to be “deferential to the government's predictions as to the effect of the proposed remedies”); United States v. Archer-Daniels-Midland Co., 272 F. Supp. 2d 1, 6 (D.D.C. 2003) (noting that the court should grant due respect to the United States' prediction as to the effect of proposed remedies, its perception of the market structure, and its views of the nature of the case).

    2Cf. BNS, 858 F.2d at 464 (holding that the court's “ultimate authority under the [APPA] is limited to approving or disapproving the consent decree”); United States v. Gillette Co., 406 F. Supp. 713, 716 (D. Mass. 1975) (noting that, in this way, the court is constrained to “look at the overall picture not hypercritically, nor with a microscope, but with an artist's reducing glass”). See generally Microsoft, 56 F.3d at 1461 (discussing whether “the remedies [obtained in the decree are] so inconsonant with the allegations charged as to fall outside of the `reaches of the public interest' ”).

    Courts have greater flexibility in approving proposed consent decrees than in crafting their own decrees following a finding of liability in a litigated matter. “[A] proposed decree must be approved even if it falls short of the remedy the court would impose on its own, as long as it falls within the range of acceptability or is `within the reaches of public interest.' ” United States v. Am. Tel. & Tel. Co., 552 F. Supp. 131, 151 (D.D.C. 1982) (citations omitted) (quoting United States v. Gillette Co., 406 F. Supp. 713, 716 (D. Mass. 1975)), aff'd sub nom. Maryland v. United States, 460 U.S. 1001 (1983); see also US Airways, 38 F. Supp. 3d at 76 (noting that room must be made for the government to grant concessions in the negotiation process for settlements) (citing Microsoft, 56 F.3d at 1461); United States v. Alcan Aluminum Ltd., 605 F. Supp. 619, 622 (W.D. Ky. 1985) (approving the consent decree even though the court would have imposed a greater remedy). To meet this standard, the United States “need only provide a factual basis for concluding that the settlements are reasonably adequate remedies for the alleged harms.” SBC Commc'ns, 489 F. Supp. 2d at 17.

    Moreover, the Court's role under the APPA is limited to reviewing the remedy in relationship to the violations that the United States has alleged in its Complaint, and does not authorize the Court to “construct [its] own hypothetical case and then evaluate the decree against that case.” Microsoft, 56 F.3d at 1459; see also US Airways, 38 F. Supp. 3d at 75 (noting that the court must simply determine whether there is a factual foundation for the government's decisions such that its conclusions regarding the proposed settlements are reasonable); InBev, 2009 U.S. Dist. LEXIS 84787, at *20 (“the `public interest' is not to be measured by comparing the violations alleged in the complaint against those the court believes could have, or even should have, been alleged”). Because the “court's authority to review the decree depends entirely on the government's exercising its prosecutorial discretion by bringing a case in the first place,” it follows that “the court is only authorized to review the decree itself,” and not to “effectively redraft the complaint” to inquire into other matters that the United States did not pursue. Microsoft, 56 F.3d at 1459-60. As this Court confirmed in SBC Communications, courts “cannot look beyond the complaint in making the public interest determination unless the complaint is drafted so narrowly as to make a mockery of judicial power.” SBC Commc'ns, 489 F. Supp. 2d at 15.

    In its 2004 amendments, Congress made clear its intent to preserve the practical benefits of utilizing consent decrees in antitrust enforcement, adding the unambiguous instruction that “[n]othing in this section shall be construed to require the court to conduct an evidentiary hearing or to require the court to permit anyone to intervene.” 15 U.S.C. 16(e)(2); see also US Airways, 38 F. Supp. 3d at 76 (indicating that a court is not required to hold an evidentiary hearing or to permit intervenors as part of its review under the Tunney Act). The language wrote into the statute what Congress intended when it enacted the Tunney Act in 1974, as Senator Tunney explained: “[t]he court is nowhere compelled to go to trial or to engage in extended proceedings which might have the effect of vitiating the benefits of prompt and less costly settlement through the consent decree process.” 119 Cong. Rec. 24,598 (1973) (statement of Sen. Tunney). Rather, the procedure for the public interest determination is left to the discretion of the Court, with the recognition that the Court's “scope of review remains sharply proscribed by precedent and the nature of Tunney Act proceedings.” SBC Commc'ns, 489 F. Supp. 2d at 11.3 A court can make its public interest determination based on the competitive impact statement and response to public comments alone. US Airways, 38 F. Supp. 3d at 76.

    3See United States v. Enova Corp., 107 F. Supp. 2d 10, 17 (D.D.C. 2000) (noting that the “Tunney Act expressly allows the court to make its public interest determination on the basis of the competitive impact statement and response to comments alone”); United States v. Mid-Am. Dairymen, Inc., No. 73-CV-681-W-1, 1977-1 Trade Cas. (CCH) ¶ 61,508, at 71,980, *22 (W.D.Mo. 1977) (“Absent a showing of corrupt failure of the government to discharge its duty, the Court, in making its public interest finding, should . . . carefully consider the explanations of the government in the competitive impact statement and its responses to comments in order to determine whether those explanations are reasonable under the circumstances.”); S. Rep. No. 93-298, at 6 (1973) (“Where the public interest can be meaningfully evaluated simply on the basis of briefs and oral arguments, that is the approach that should be utilized.”).

    VIII. DETERMINATIVE DOCUMENTS

    There are no determinative materials or documents within the meaning of the APPA that were considered by the United States in formulating the proposed Final Judgment.

    Dated: September 27, 2017 Respectfully submitted, Bashiri Wilson* United States Department of Justice, Antitrust Division, Litigation II Section, 450 Fifth Street NW., Suite 8700, Washington, DC 20530, Tel.: (202) 598-8794, Fax: (202) 514-9033, Email: [email protected] *Attorney of Record United States District Court for the District of Columbia

    United States of America, Plaintiff, v. Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA),

    Defendants, Case No: 1:17-cv-01992 Judge: James E. Boasberg
    PROPOSED FINAL JUDGMENT

    WHEREAS, Plaintiff, United States of America, filed its Complaint on September 27, 2017, the United States and defendants, Showa Denko K.K., SGL Carbon SE, and SGL GE Carbon Holding LLC (USA), by their respective attorneys, have consented to the entry of this Final Judgment without trial or adjudication of any issue of fact or law, and without this Final Judgment constituting any evidence against or admission by any party regarding any issue of fact or law;

    AND WHEREAS, defendants agree to be bound by the provisions of this Final Judgment pending its approval by the Court;

    AND WHEREAS, the essence of this Final Judgment is the prompt and certain divestiture of certain rights or assets by the defendants to assure that competition is not substantially lessened;

    AND WHEREAS, the United States requires defendants to make certain divestitures for the purpose of remedying the loss of competition alleged in the Complaint;

    AND WHEREAS, defendants have represented to the United States that the divestitures required below can and will be made and that defendants will later raise no claim of hardship or difficulty as grounds for asking the Court to modify any of the divestiture provisions contained below;

    NOW THEREFORE, before any testimony is taken, without trial or adjudication of any issue of fact or law, and upon consent of the parties, it is ORDERED, ADJUDGED, AND DECREED:

    I. JURISDICTION

    This Court has jurisdiction over the subject matter of and each of the parties to this action. The Complaint states a claim upon which relief may be granted against defendants under Section 7 of the Clayton Act, as amended (15 U.S.C. 18).

    II. DEFINITIONS

    As used in this Final Judgment:

    A. “Acquirer” means Tokai or another entity to which defendants divest the Divestiture Assets.

    B. “SDK” means defendant Showa Denko K.K., a Japanese corporation headquartered in Tokyo, Japan, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.

    C. “SGL” means defendant SGL Carbon SE, a German corporation headquartered in Wiesbaden, Germany, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees, including defendant SGL GE Carbon Holding LLC (USA), a Delaware limited liability company that is an indirect, wholly-owned subsidiary of SGL Carbon SE, and is headquartered in Charlotte, North Carolina.

    D. “Tokai” means Tokai Carbon Co., Ltd., a Japanese corporation headquartered in Tokyo, Japan, its successors and assigns, and its subsidiaries, divisions, groups, affiliates, partnerships, and joint ventures, and their directors, officers, managers, agents, and employees.

    E. “Divestiture Assets” means SGL's U.S. Graphite Electrodes Business.

    F. “SGL's U.S. Graphite Electrodes Business” means SGL GE Carbon Holding LLC (USA), all of its subsidiaries, and all additional operations of SGL related to the production, distribution, engineering, development, sale, and servicing of graphite electrodes manufactured in the United States, including, but not limited to:

    1. The manufacturing facility located at 3931 Carbon Plant Rd., Ozark, Arkansas 72949 (the “Ozark Facility”);

    2. The manufacturing facility located at 2320 Myron Cory Dr., Hickman, Kentucky 42050 (the “Hickman Facility”);

    3. All tangible assets used in connection with SGL's U.S. Graphite Electrodes Business, including research and development activities; all manufacturing equipment, tooling and fixed assets, personal property, inventory, office furniture, materials, supplies, and other tangible property and all assets used exclusively in connection with SGL's U.S. Graphite Electrodes Business; all licenses, permits, and authorizations issued by any governmental organization relating to SGL's U.S. Graphite Electrodes Business; all contracts, teaming arrangements, agreements, leases, commitments, certifications, and understandings, including supply agreements relating to SGL's U.S. Graphite Electrodes Business; all customer lists, contracts, accounts, and credit records relating to SGL's U.S. Graphite Electrodes Business; all repair and performance records and all other records relating to SGL's U.S. Graphite Electrodes Business; and

    4. All intangible assets used in connection with SGL's U.S. Graphite Electrodes Business, including, but not limited to, all patents, licenses and sublicenses, intellectual property, copyrights, trademarks, trade names, service marks, service names (excluding any trademark, trade name, service mark, or service name containing the name “SGL”), technical information, computer software (including, but not limited to, SGL's CEDIS® EAF performance monitoring system) and related documentation, know-how, trade secrets, drawings, blueprints, designs, design protocols, specifications for materials, specifications for parts and devices, safety procedures for the handling of materials and substances, quality assurance and control procedures, design tools and simulation capability, all manuals and technical information SGL provides to its own employees, customers, suppliers, agents, or licensees, and all research data concerning historic and current research and development efforts relating to SGL's U.S. Graphite Electrodes Business, including, but not limited to, designs of experiments, and the results of successful and unsuccessful designs and experiments.

    G. “Relevant Employees” means all SGL personnel involved in the production, distribution, engineering, development, sale, or servicing of graphite electrodes for SGL's U.S. Graphite Electrodes Business.

    III. APPLICABILITY

    A. This Final Judgment applies to SDK and SGL, as defined above, and all other persons in active concert or participation with any of them who receive actual notice of this Final Judgment by personal service or otherwise.

    B. If, prior to complying with Section IV and Section V of this Final Judgment, defendants sell or otherwise dispose of all or substantially all of their assets or of lesser business units that include the Divestiture Assets, they shall require the purchaser to be bound by the provisions of this Final Judgment. Defendants need not obtain such an agreement from the acquirers of the assets divested pursuant to this Final Judgment.

    IV. DIVESTITURE

    A. Defendants are ordered and directed, within 45 calendar days after the Court's signing of the Hold Separate Stipulation and Order in this matter, to divest the Divestiture Assets in a manner consistent with this Final Judgment to Tokai or an alternative Acquirer acceptable to the United States, in its sole discretion. The United States, in its sole discretion, may agree to one or more extensions of this time period not to exceed sixty (60) calendar days in total, and shall notify the Court in such circumstances. Defendants agree to use their best efforts to divest the Divestiture Assets as expeditiously as possible.

    B. In the event defendants are attempting to divest the Divestiture Assets to an Acquirer other than Tokai, defendants promptly shall make known, by usual and customary means (to the extent defendants have not already done so), the availability of the Divestiture Assets. Defendants shall inform any person making an inquiry regarding a possible purchase of the Divestiture Assets that they are being divested pursuant to this Final Judgment and provide that person with a copy of this Final Judgment.

    C. In accomplishing the divestiture ordered by this Final Judgment, defendants shall offer to furnish to all prospective Acquirers, subject to customary confidentiality assurances, all information and documents relating to the Divestiture Assets customarily provided in a due diligence process except such information or documents subject to the attorney-client privileges or work-product doctrine. Defendants shall make available such information to the United States at the same time that such information is made available to any other person.

    D. Defendants shall provide the Acquirer and the United States with organization charts and information relating to Relevant Employees, including name, job title, past experience relating to SGL's U.S. Graphite Electrodes Business, responsibilities, training and educational history, relevant certifications, and to the extent permissible by law, job performance evaluations, and current salary and benefits information, to enable the Acquirer to make offers of employment. Upon request, defendants shall make Relevant Employees available for interviews with the Acquirer during normal business hours at a mutually agreeable location and will not interfere with any negotiations by the Acquirer to employ any Relevant Employees. Interference with respect to this paragraph includes, but is not limited to, offering to increase the salary or benefits of Relevant Employees other than as part of a company-wide increase in salary or benefits granted in the ordinary course of business.

    E. For any Relevant Employees who elect employment with the Acquirer, defendants shall waive all noncompete and nondisclosure agreements, vest all unvested pension and other equity rights, and provide all benefits to which the Relevant Employees would generally be provided if transferred to a buyer of an ongoing business. For a period of twelve (12) months from the filing of the Complaint in this matter, defendants may not solicit to hire, or hire, any such person who was hired by the Acquirer, unless (1) such individual is terminated or laid off by the Acquirer or (2) the Acquirer agrees in writing that defendants may solicit or hire that individual. Nothing in Paragraphs IV(D) and (E) shall prohibit defendants from maintaining any reasonable restrictions on the disclosure by any employee who accepts an offer of employment with the Acquirer of the defendant's proprietary non-public information that is (1) not otherwise required to be disclosed by this Final Judgment, (2) related solely to defendants' businesses and clients, and (3) unrelated to the Divestiture Assets.

    F. Defendants shall permit prospective Acquirers of the Divestiture Assets to have reasonable access to personnel and to make inspections of the physical facilities of SGL's U.S. Graphite Electrodes Business; access to any and all environmental, zoning, and other permit documents and information; and access to any and all financial, operational, or other documents and information customarily provided as part of a due diligence process.

    G. Defendants shall warrant to the Acquirer that each asset will be operational on the date of sale.

    H. Defendants shall not take any action that will impede in any way the permitting, operation, or divestiture of the Divestiture Assets.

    I. Defendants shall warrant to the Acquirer that there are no material defects in the environmental, zoning, or other permits pertaining to the operation of each asset, and that following the sale of the Divestiture Assets, defendants will not undertake, directly or indirectly, any challenges to the environmental, zoning, or other permits relating to the operation of the Divestiture Assets.

    J. At the option of the Acquirer, SGL shall enter a transition services agreement to provide back office and information technology services and support for SGL's U.S. Graphite Electrodes Business for a period of up to one (1) year. The United States, in its sole discretion, may approve one or more extensions of this agreement for a total of up to an additional twelve (12) months. If the Acquirer seeks an extension of the term of this transition services agreement, it shall so notify the United States in writing at least three (3) months prior to the date the transition services contract expires. If the United States approves such an extension, it shall so notify the Acquirer in writing at least two (2) months prior to the date the transition services contract expires. The terms and conditions of any contractual arrangement intended to satisfy this provision must be reasonably related to the market value of the expertise of the personnel providing any needed assistance. The SGL employee(s) tasked with providing these transition services may not share any competitively sensitive information of the Acquirer with any other SGL or SDK employee.

    K. At the option of the Acquirer, SDK shall enter into a supply contract for connecting pins sufficient to meet all or part of the Acquirer's needs for a period of up to three (3) years. The terms and conditions of any contractual arrangement meant to satisfy this provision must be reasonably related to market conditions for connecting pins. The United States, in its sole discretion, may approve one or more extensions of this supply contract for a total of up to an additional twelve (12) months. If the Acquirer seeks an extension of the term of this supply contract, it shall so notify the United States in writing at least three (3) months prior to the date the supply contract expires. If the United States approves such an extension, it shall so notify the Acquirer in writing at least two (2) months prior to the date the supply contract expires.

    L. Unless the United States otherwise consents in writing, the divestiture pursuant to Section IV, or by Divestiture Trustee appointed pursuant to Section V, of this Final Judgment, shall include the entire Divestiture Assets, and shall be accomplished in such a way as to satisfy the United States, in its sole discretion, that the Divestiture Assets can and will be used by the Acquirer as part of a viable, ongoing business of the production, distribution, engineering, development, sale, or servicing of large diameter ultra-high power graphite electrodes in the United States. The divestitures, whether pursuant to Section IV or Section V of this Final Judgment,

    1) shall be made to an Acquirer that, in the United States' sole judgment, has the intent and capability (including the necessary managerial, operational, technical, and financial capability) of competing effectively in the production, distribution, engineering, development, sale, or servicing of large diameter ultra-high power graphite electrodes in the United States; and

    2) shall be accomplished so as to satisfy the United States, in its sole discretion, that none of the terms of any agreement between an Acquirer and defendants give defendants the ability unreasonably to raise the Acquirer's costs, to lower the Acquirer's efficiency, or otherwise to interfere in the ability of the Acquirer to compete effectively.

    V. APPOINTMENT OF DIVESTITURE TRUSTEE

    A. If defendants have not divested the Divestiture Assets within the time period specified in Paragraph IV(A), defendants shall notify the United States of that fact in writing. Upon application of the United States, the Court shall appoint a Divestiture Trustee selected by the United States and approved by the Court to effect the divestiture of the Divestiture Assets.

    B. After the appointment of a Divestiture Trustee becomes effective, only the Divestiture Trustee shall have the right to sell the Divestiture Assets. The Divestiture Trustee shall have the power and authority to accomplish the divestiture to an Acquirer acceptable to the United States at such price and on such terms as are then obtainable upon reasonable effort by the Divestiture Trustee, subject to the provisions of Sections IV, V, and VI of this Final Judgment, and shall have such other powers as this Court deems appropriate. Subject to Paragraph V(D) of this Final Judgment, the Divestiture Trustee may hire at the cost and expense of defendants any investment bankers, attorneys, or other agents, who shall be solely accountable to the Divestiture Trustee, reasonably necessary in the Divestiture Trustee's judgment to assist in the divestiture. Any such investment bankers, attorneys, or other agents shall serve on such terms and conditions as the United States approves, including confidentiality requirements and conflict of interest certifications.

    C. Defendants shall not object to a sale by the Divestiture Trustee on any ground other than the Divestiture Trustee's malfeasance. Any such objections by defendants must be conveyed in writing to the United States and the Divestiture Trustee within ten (10) calendar days after the Divestiture Trustee has provided the notice required under Section VI.

    D. The Divestiture Trustee shall serve at the cost and expense of defendants pursuant to a written agreement, on such terms and conditions as the United States approves, including confidentiality requirements and conflict of interest certifications. The Divestiture Trustee shall account for all monies derived from the sale of the assets sold by the Divestiture Trustee and all costs and expenses so incurred. After approval by the Court of the Divestiture Trustee's accounting, including fees for its services yet unpaid and those of any professionals and agents retained by the Divestiture Trustee, all remaining money shall be paid to defendants and the trust shall then be terminated. The compensation of the Divestiture Trustee and any professionals and agents retained by the Divestiture Trustee shall be reasonable in light of the value of the Divestiture Assets and based on a fee arrangement providing the Divestiture Trustee with an incentive based on the price and terms of the divestiture and the speed with which it is accomplished, but timeliness is paramount. If the Divestiture Trustee and defendants are unable to reach agreement on the Divestiture Trustee's or any agents' or consultants' compensation or other terms and conditions of engagement within 14 calendar days of appointment of the Divestiture Trustee, the United States may, in its sole discretion, take appropriate action, including making a recommendation to the Court. The Divestiture Trustee shall, within three (3) business days of hiring any other professionals or agents, provide written notice of such hiring and the rate of compensation to defendants and the United States.

    E. Defendants shall use their best efforts to assist the Divestiture Trustee in accomplishing the required divestiture. The Divestiture Trustee and any consultants, accountants, attorneys, and other agents retained by the Divestiture Trustee shall have full and complete access to the personnel, books, records, and facilities of the business to be divested, and defendants shall develop financial and other information relevant to such business as the Divestiture Trustee may reasonably request, subject to reasonable protection for trade secret or other confidential research, development, or commercial information or any applicable privileges. Defendants shall take no action to interfere with or to impede the Divestiture Trustee's accomplishment of the divestiture.

    F. After its appointment, the Divestiture Trustee shall file monthly reports with the United States and, as appropriate, the Court setting forth the Divestiture Trustee's efforts to accomplish the divestiture ordered under this Final Judgment. To the extent such reports contain information that the Divestiture Trustee deems confidential, such reports shall not be filed in the public docket of the Court. Such reports shall include the name, address, and telephone number of each person who, during the preceding month, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person. The Divestiture Trustee shall maintain full records of all efforts made to divest the Divestiture Assets.

    G. If the Divestiture Trustee has not accomplished the divestiture ordered under this Final Judgment within six months after its appointment, the Divestiture Trustee shall promptly file with the Court a report setting forth (1) the Divestiture Trustee's efforts to accomplish the required divestiture, (2) the reasons, in the Divestiture Trustee's judgment, why the required divestiture has not been accomplished, and (3) the Divestiture Trustee's recommendations. To the extent such reports contain information that the Divestiture Trustee deems confidential, such reports shall not be filed in the public docket of the Court. The Divestiture Trustee shall at the same time furnish such report to the United States which shall have the right to make additional recommendations consistent with the purpose of the trust. The Court thereafter shall enter such orders as it shall deem appropriate to carry out the purpose of the Final Judgment, which may, if necessary, include extending the trust and the term of the Divestiture Trustee's appointment by a period requested by the United States.

    H. If the United States determines that the Divestiture Trustee has ceased to act or failed to act diligently or in a reasonably cost-effective manner, it may recommend the Court appoint a substitute Divestiture Trustee.

    VI. NOTICE OF PROPOSED DIVESTITURE

    A. In the event defendants are divesting the Divestiture Assets to an Acquirer other than Tokai, within two (2) business days following execution of a definitive divestiture agreement, defendants or the Divestiture Trustee, whichever is then responsible for effecting the divestiture required herein, shall notify the United States of any proposed divestiture required by Section IV or Section V of this Final Judgment. If the Divestiture Trustee is responsible, it shall similarly notify defendants. The notice shall set forth the details of the proposed divestiture and list the name, address, and telephone number of each person not previously identified who offered or expressed an interest in or desire to acquire any ownership interest in the Divestiture Assets, together with full details of the same.

    B. Within fifteen (15) calendar days of receipt by the United States of such notice, the United States may request from defendants, the proposed Acquirer, any other third party, or the Divestiture Trustee, if applicable, additional information concerning the proposed divestiture, the proposed Acquirer, and any other potential Acquirer. Defendants and the Divestiture Trustee shall furnish any additional information requested within fifteen (15) calendar days of the receipt of the request, unless the parties shall otherwise agree.

    C. Within thirty (30) calendar days after receipt of the notice or within twenty (20) calendar days after the United States has been provided the additional information requested from defendants, the proposed Acquirer, any third party, and the Divestiture Trustee, whichever is later, the United States shall provide written notice to defendants and the Divestiture Trustee, if there is one, stating whether or not it objects to the proposed divestiture. If the United States provides written notice that it does not object, the divestiture may be consummated, subject only to defendants' limited right to object to the sale under Paragraph V(C) of this Final Judgment. Absent written notice that the United States does not object to the proposed Acquirer or upon objection by the United States, a divestiture proposed under Section IV or Section V shall not be consummated. Upon objection by defendants under Paragraph V(C), a divestiture proposed under Section V shall not be consummated unless approved by the Court.

    VII. FINANCING

    Defendants shall not finance all or any part of any purchase made pursuant to Section IV or Section V of this Final Judgment.

    VIII. HOLD SEPARATE

    Until the divestiture required by this Final Judgment has been accomplished, defendants shall take all steps necessary to comply with the Hold Separate Stipulation and Order entered by this Court. Defendants shall take no action that would jeopardize the divestiture ordered by this Court.

    IX. AFFIDAVITS

    A. Within twenty (20) calendar days of the filing of the Complaint in this matter, and every thirty (30) calendar days thereafter until the divestiture has been completed under Section IV or Section V, defendants shall deliver to the United States an affidavit as to the fact and manner of its compliance with Section IV or Section V of this Final Judgment. Each such affidavit shall include the name, address, and telephone number of each person who, during the preceding thirty (30) calendar days, made an offer to acquire, expressed an interest in acquiring, entered into negotiations to acquire, or was contacted or made an inquiry about acquiring, any interest in the Divestiture Assets, and shall describe in detail each contact with any such person during that period. Each such affidavit shall also include a description of the efforts defendants have taken to solicit buyers for the Divestiture Assets, and to provide required information to prospective Acquirers, including the limitations, if any, on such information. Assuming the information set forth in the affidavit is true and complete, any objection by the United States to information provided by defendants, including limitation on information, shall be made within fourteen (14) calendar days of receipt of such affidavit.

    B. Within twenty (20) calendar days of the filing of the Complaint in this matter, defendants shall deliver to the United States an affidavit that describes in reasonable detail all actions defendants have taken and all steps defendants have implemented on an ongoing basis to comply with Section VIII of this Final Judgment. Defendants shall deliver to the United States an affidavit describing any changes to the efforts and actions outlined in defendants' earlier affidavits filed pursuant to this section within fifteen (15) calendar days after the change is implemented.

    C. Defendants shall keep all records of all efforts made to preserve and divest the Divestiture Assets until one year after such divestiture has been completed.

    X. COMPLIANCE INSPECTION

    A. For the purposes of determining or securing compliance with this Final Judgment, or of any related orders such as any Hold Separate Stipulation and Order, or of determining whether the Final Judgment should be modified or vacated, and subject to any legally-recognized privilege, from time to time authorized representatives of the United States Department of Justice, including consultants and other persons retained by the United States, shall, upon written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, and on reasonable notice to defendants, be permitted:

    1) access during defendants' office hours to inspect and copy, or at the option of the United States, to require defendants to provide hard copy or electronic copies of, all books, ledgers, accounts, records, data, and documents in the possession, custody, or control of defendants, relating to any matters contained in this Final Judgment; and

    2) to interview, either informally or on the record, defendants' officers, employees, or agents, who may have their individual counsel present, regarding such matters. The interviews shall be subject to the reasonable convenience of the interviewee and without restraint or interference by defendants.

    B. Upon the written request of an authorized representative of the Assistant Attorney General in charge of the Antitrust Division, defendants shall submit written reports or response to written interrogatories, under oath if requested, relating to any of the matters contained in this Final Judgment as may be requested.

    C. No information or documents obtained by the means provided in this section shall be divulged by the United States to any person other than an authorized representative of the executive branch of the United States, except in the course of legal proceedings to which the United States is a party (including grand jury proceedings), or for the purpose of securing compliance with this Final Judgment, or as otherwise required by law.

    D. If at the time information or documents are furnished by defendants to the United States, defendants represent and identify in writing the material in any such information or documents to which a claim of protection may be asserted under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure, and defendants mark each pertinent page of such material, “Subject to claim of protection under Rule 26(c)(1)(G) of the Federal Rules of Civil Procedure,” then the United States shall give defendants ten (10) calendar days notice prior to divulging such material in any legal proceeding (other than a grand jury proceeding).

    XI. NO REACQUISITION

    Defendants may not reacquire any part of the Divestiture Assets during the term of this Final Judgment.

    XII. RETENTION OF JURISDICTION

    This Court retains jurisdiction to enable any party to this Final Judgment to apply to this Court at any time for further orders and directions as may be necessary or appropriate to carry out or construe this Final Judgment, to modify any of its provisions, to enforce compliance, and to punish violations of its provisions.

    XIII. EXPIRATION OF FINAL JUDGMENT

    Unless this Court grants an extension, this Final Judgment shall expire ten (10) years from the date of its entry.

    XIV. PUBLIC INTEREST DETERMINATION

    Entry of this Final Judgment is in the public interest. The parties have complied with the requirements of the Antitrust Procedures and Penalties Act, 15 U.S.C. 16, including making copies available to the public of this Final Judgment, the Competitive Impact Statement, and any comments thereon and the United States' responses to comments. Based upon the record before the Court, which includes the Competitive Impact Statement and any comments and response to comments filed with the Court, entry of this Final Judgment is in the public interest.

    Date: Court approval subject to procedures of Antitrust Procedures and Penalties Act, 15 U.S.C. 16. United States District Judge
    [FR Doc. 2017-22443 Filed 10-16-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Antitrust Division Notice Pursuant to the National Cooperative Research and Production Act of 1993—Border Security Technology Consortium

    Notice is hereby given that, on September 22, 2017, pursuant to Section 6(a) of the National Cooperative Research and Production Act of 1993, 15 U.S.C. 4301 et seq. (“the Act”), Border Security Technology Consortium (“BSTC”) has filed written notifications simultaneously with the Attorney General and the Federal Trade Commission disclosing changes in its membership. The notifications were filed for the purpose of extending the Act's provisions limiting the recovery of antitrust plaintiffs to actual damages under specified circumstances. Specifically, Michigan Technology University, Houghton, MI; and TRI-COR Industries, Inc., Alexandria, VA, have been added as parties to this venture.

    No other changes have been made in either the membership or planned activity of the group research project. Membership in this group research project remains open, and BSTC intends to file additional written notifications disclosing all changes in membership.

    On May 30, 2012, BSTC filed its original notification pursuant to Section 6(a) of the Act. The Department of Justice published a notice in the Federal Register pursuant to Section 6(b) of the Act on June 18, 2012 (77 FR 36292).

    The last notification was filed with the Department on June 8, 2017. A notice was published in the Federal Register pursuant to section 6(b) of the Act on July 25, 2017 (85 FR 34551).

    Patricia A. Brink, Director of Civil Enforcement, Antitrust Division.
    [FR Doc. 2017-22442 Filed 10-16-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF JUSTICE Membership of the Senior Executive Service Standing Performance Review Boards AGENCY:

    Department of Justice.

    ACTION:

    Notice of Department of Justice's standing members of the Senior Executive Service Performance Review Boards.

    SUMMARY:

    The Department of Justice. announces the membership of its 2017 Senior Executive Service (SES) Standing Performance Review Boards (PRBs). The purpose of a PRB is to provide fair and impartial review of SES performance appraisals, bonus recommendations and pay adjustments. The PRBs will make recommendations regarding the final performance ratings to be assigned, SES bonuses and/or pay adjustments to be awarded.

    FOR FURTHER INFORMATION CONTACT:

    Mary A. Lamary, Director, Human Resources, Justice Management Division, Department of Justice, Washington, DC 20530; (202) 514-4350.

    Lee J. Lofthus, Assistant Attorney General for Administration. 2017 Federal Register Name Position title Office of the Attorney General—OAG HUNT, JODY (DETAIL) CHIEF OF STAFF AND COUNSELOR. MORRISSEY, BRIAN COUNSELOR TO THE ATTORNEY GENERAL. CUTRONA, DANIELLE SENIOR COUNSELOR. Office of the Deputy Attorney General—ODAG HUR, ROBERT PRINCIPAL ASSOCIATE DEPUTY ATTORNEY GENERAL. SWANSON, JAMES ASSOCIATE DEPUTY ATTORNEY GENERAL. SCHOOLS, SCOTT ASSOCIATE DEPUTY ATTORNEY GENERAL. GUAHAR, TASHINA ASSOCIATE DEPUTY ATTORNEY GENERAL. CROWELL, JAMES A CHIEF OF STAFF/ASSOCIATE DEPUTY ATTORNEY GENERAL. CONNOLLY, ROBERT DIRECTOR, OFFICE OF SMALL AND DISADVANTAGED BUSINESS UTILIZATION. GOLDSMITH, ANDREW NATIONAL CRIMINAL DISCOVERY COORDINATOR. MICHALIC, MARK EMERGENCY PREPAREDNESS AND CRISIS RESPONSE COORDINATOR. GEISE, JOHN CHIEF, PROFESSIONAL MISCONDUCT REVIEW UNIT. Office of the Associate Attorney General—OASG PANUCCIO, JESSE PRINCIPAL DEPUTY ASSOCIATE ATTORNEY GENERAL. MCARTHUR, ERIC DEPUTY ASSOCIATE ATTORNEY GENERAL. COX, STEVE DEPUTY ASSOCIATE ATTORNEY GENERAL. MURRAY, BRIAN DEPUTY ASSOCIATE ATTORNEY GENERAL. FRANCISCO, NOEL SENIOR ADVISOR. Office of the Solicitor General—OSG WALL, JEFFREY PRINCIPAL DEPUTY SOLICITOR GEN. DREEBEN, MICHAEL R DEPUTY SOLICITOR GENERAL. KNEEDLER, EDWIN S DEPUTY SOLICITOR GENERAL. STEWART, MALCOLM L DEPUTY SOLICITOR GENERAL. Office of Privacy and Civil Liberties WINN, PETER DIRECTOR, OFFICE OF PRIVACY AND CIVIL LIBERTIES. Antitrust Division—ATR FINCH, ANDREW PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. NIGRO, BERNARD DEPUTY ASSISTANT ATTORNEY GENERAL. ARMINGTON, ELIZABETH J CHIEF, ECONOMIC REGULATORY SECTION. BRINK, PATRICIA A DIRECTOR OF CIVIL ENFORCEMENT. COHEN, SCOTT EXECUTIVE OFFICER. DRENNAN, RONALD CHIEF, COMPETITION POLICY SECTION. FAMILANT, NORMAN CHIEF, ECONOMIC LITIGATION SECTION. FOUNTAIN, DOROTHY SENIOR COUNSEL AND DIRECTOR OF RISK MANAGEMENT. GREER, TRACY ATTORNEY ADVISOR. 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Bureau of Alcohol, Tobacco, Firearms, and Explosives—ATF BRANDON, THOMAS E DEPUTY DIRECTOR. TURK, RONALD B SPECIAL ASSISTANT TO THE DIRECTOR (Associate Deputy Director). SMITH, CHARLES B EXECUTIVE ASSISTANT TO THE DIRECTOR. GLEYSTEEN, MICHAEL P ASSISTANT DIRECTOR, FIELD OPERATIONS. CANINO, CARLOS DEPUTY ASSISTANT DIRECTOR, FIELD OPERATIONS (PROGRAMS). CROKE, KENNETH DEPUTY ASSISTANT DIRECTOR, FIELD OPERATIONS—EAST. KUMOR, DANIEL ASSISTANT DIRECTOR, OFFICE OF PROFESSIONAL RESPONSIBILITY AND SECURITY OPERATIONS. DIXIE, WAYNE DEPUTY ASSISTANT DIRECTOR, FIELD OPERATIONS—EAST. LOMBARDO, REGINA DEPUTY ASSISTANT DIRECTOR, FIELD OPERATIONS—CENTRAL. MCMULLAN, WILLIAM DEPUTY ASSISTANT DIRECTOR, FIELD OPERATIONS—WEST. SWEETOW, SCOTT DEPUTY DIRECTOR, TEDAC. RICHARDSON, MARVIN ASSISTANT DIRECTOR, ENFORCEMENT PROGRAM SERVICES. CZARNOPYS, GREGORY P DEPUTY ASSISTANT DIRECTOR, FORENSIC SERVICES. BEASLEY, ROGER ASSISTANT DIRECTOR, SCIENCE AND TECHNOLOGY/CIO. MCDERMOND, JAMES E ASSISTANT DIRECTOR, OFFICE OF STRATEGIC INTELLIGENCE AND INFORMATION. REID, DELANO DEPUTY ASSISTANT DIRECTOR, OFFICE OF PROFESSIONAL RESPONSIBILITY AND SECURITY OPERATIONS. MICHALIC, VIVIAN B ASSISTANT DIRECTOR, MANAGEMENT. FRANDE, FRANCIS DEPUTY ASSISTANT DIRECTOR, MANAGEMENT AND CHIEF FINANCIAL OFFICER. MAGEE, JEFFREY ASSISTANT DIRECTOR, HUMAN RESOURCES AND PROFESSIONAL DEVELOPMENT. GRAHAM, ANDREW R DEPUTY ASSISTANT DIRECTOR, INDUSTRY OPERATIONS. GROSS, CHARLES R CHIEF COUNSEL. ROESSNER, JOEL DEPUTY CHIEF COUNSEL. EPSTEIN, ERIC ATTORNEY ADVISOR. MCDANIEL, MASON CHIEF TECHNOLOGY OFFICER. GILBERT, CURTIS DEPUTY ASSISTANT DIRECTOR, ENFORCEMENT PROGRAM AND SERVICES. CHITTUM, THOMAS CHIEF, SPECIAL OPERATIONS DIVISION. DURASTANTI, JOHN DEPUTY ASSISTANT DIRECTOR, OFFICE OF STRATEGIC INTELLIGENCE AND INFORMATION. SHAEFER, CHRISTOPHER ASSISTANT DIRECTOR, OFFICE OF PUBLIC AND GOVERNMENTAL AFFAIRS. BENNETT, MEGAN DEPUTY ASSISTANT DIRECTOR, OFFICE OF PUBLIC AND GOVERNMENTAL AFFAIRS. MILANOWSKI, JAMES DEPUTY ASSISTANT DIRECTOR, OFFICE OF PUBLIC AND GOVERNMENTAL AFFAIRS. BOYKIN, LISA DEPUTY ASSISTANT DIRECTOR, HUMAN RESOURCES AND PROFESSIONAL DEVELOPMENT (HUMAN RESOURCES). LOWREY, STUART DEPUTY ASSISTANT DIRECTOR, HUMAN RESOURCES AND PROFESSIONAL DEVELOPMENT. VIDOLI, MARINO ASSISTANT DIRECTOR, HUMAN RESOURCES AND PROFESSIONAL DEVELOPMENT. GOLD, VICTORIA DEPUTY ASSISTANT DIRECTOR, IT/DEPUTY CIO. ROBINSON, DONALD SPECIAL AGENT IN CHARGE, NATIONAL CENTER FOR EXPLOSIVES TRAINING AND RESEARCH (NCETR). WALKER, CARL SPECIAL AGENT IN CHARGE, ATLANTA. BOARD, DANIEL SPECIAL AGENT IN CHARGE, BALTIMORE. LEADINGHAM, MICKEY SPECIAL AGENT IN CHARGE, BOSTON. HYMAN, CHRISTOPHER SPECIAL AGENT IN CHARGE, CHARLOTTE. VELINOR, TREVOR SPECIAL AGENT IN CHARGE, COLUMBUS. TEMPLE, WILLIAM SPECIAL AGENT IN CHARGE, DALLAS. LIVINGSTON, DEBRA SPECIAL AGENT IN CHARGE, DENVER. SHOEMAKER, STEPHANIE SPECIAL AGENT IN CHARGE, DETROIT. MILANOWSKI, FREDERICK SPECIAL AGENT IN CHARGE, HOUSTON. LAUDER, GEORGE SPECIAL AGENT IN CHARGE, KANSAS CITY. HARDEN, ERIC SPECIAL AGENT IN CHARGE, LOS ANGELES. LOWREY, STUART SPECIAL AGENT IN CHARGE, LOUISVILLE. FORCELLI, PETER SPECIAL AGENT IN CHARGE, MIAMI. GERIDO, STEVE SPECIAL AGENT IN CHARGE, NASHVILLE. NICHOLS, DANA SPECIAL AGENT IN CHARGE, NEW ORLEANS. ASHAN, BENEDICT SPECIAL AGENT IN CHARGE, NEW YORK. DEVITO, JOHN SPECIAL AGENT IN CHARGE, NEWARK. RABADI, ESSAM SPECIAL AGENT IN CHARGE, PHILADELPHIA. DURASTANI, JOHN SPECIAL AGENT IN CHARGE, PHOENIX. SNYDER, JILL A SPECIAL AGENT IN CHARGE, SAN FRANCISCO. PLEASANTS, DAREK SPECIAL AGENT IN CHARGE, SEATTLE. MODZELEWSKI, JAMES SPECIAL AGENT IN CHARGE, ST PAUL. MCCRARY, DARYL SPECIAL AGENT IN CHARGE, TAMPA. BOXLER, MICHAEL B SPECIAL AGENT IN CHARGE, WASHINGTON, DC. Bureau of Prisons—BOP KANE, THOMAS R DEPUTY DIRECTOR. JOSLIN, DANIEL M ASSISTANT DIRECTOR, HUMAN RESOURCES MANAGEMENT DIVISION. GRIFFITH, L. CRISTINA SENIOR DEPUTY ASSISTANT DIRECTOR, HUMAN RESOURCES MANAGEMENT DIVISION. SIMPSON, GARY M CHIEF EXECUTIVE OFFICER/ASSISTANT DIRECTOR, FEDERAL PRISON INDUSTRIES. SIBAL, PHILIP J SENIOR DEPUTY DIRECTOR, REENTRY SERVICES DIVISION. YEICH, KENNETH SENIOR DEPUTY ASSISTANT DIRECTOR, INDUSTRIES, EDUCATION AND VOCATIONAL TRAINING DIVISION. GROSS, BRADLEY T ASSISTANT DIRECTOR, ADMINISTRATION DIVISION. BURNS, LONERYL C SENIOR DEPUTY ASSISTANT DIRECTOR, ADMINISTRATION DIVISION. SCARANTINO, THOMAS J SENIOR DEPUTY ASSISTANT DIRECTOR, CORRECTIONAL PROGRAMS DIVISION. LARA, FRANCISCO ASSISTANT DIRECTOR, CORRECTIONAL PROGRAMS DIVISION. AYERS, NANCY CHIEF, OFFICE OF PUBLIC AFFAIRS. DUNBAR, ANGELA REGIONAL DIRECTOR, MIDDLE ATLANTIC REGION. KIZZIAH, GREGORY WARDEN, USP, BIG SAND, KY. GARRETT, JUDITH ASSISTANT DIRECTOR, INFORMATION, POLICY AND PUBLIC AFFAIRS DIVISION. HURWITZ, HUGH J SENIOR DEPUTY ASSISTANT DIRECTOR, INFORMATION, POLICY AND PUBLIC AFFAIRS DIVISION. THOMPSON, SONYA SENIOR DEPUTY ASSISTANT DIRECTOR, INFORMATION, POLICY AND PUBLIC AFFAIRS DIVISION. SCHULT, DEBORAH G ASSISTANT DIRECTOR, HEALTH SERVICES DIVISION. HYLE, KENNETH SENIOR DEPUTY GENERAL COUNSEL, OFFICE OF GENERAL COUNSEL. KENNEY, KATHLEEN M ASSISTANT DIRECTOR, OFFICE OF GENERAL COUNSEL. KENDALL, PAUL F SENIOR COUNSEL, OFFICE OF GENERAL COUNSEL. RODGERS, RONALD L SENIOR COUNSEL, OFFICE OF GENERAL COUNSEL. WILLS, JAMES C SENIOR DEPUTY COUNSEL, OFFICE OF GENERAL COUNSEL. COSBY, JIMMY L DIRECTOR, NATIONAL INSTITUTE OF CORRECTIONS. BROWN JR., ROBERT M SENIOR DEPUTY DIRECTOR, NATIONAL INSTITUTE OF CORRECTIONS. DUNBAR, ANGELA P ASSISTANT DIRECTOR, CORRECTIONAL PROGRAMS DIVISION. FEATHER, MARION M ASSISTANT DIRECTOR, RE-ENTRY SERVICES DIVISION. BUTTERFIELD, PATTI SENIOR DEPUTY ASSISTANT DIRECTOR, RE-ENTRY SERVICES DIVISION. CARAWAY, JOHN REGIONAL DIRECTOR, MIDDLE ATLANTIC REGION. QUINTANA, FRANCISCO J WARDEN, FMC, LEXINGTON, KY. BARNHART, JONATHAN WARDEN FCI, MANCHESTER, KY. ORMOND, JOHNATHAN R WARDEN, USP, MCCREARY, KY. STEWART, TIMOTHY S WARDEN, FCI, CUMBERLAND, MD. HOLLAND, JAMES C COMPLEX WARDEN—FMC, FCC, BUTNER, NC. MORA, STEVE B ASSISTANT DIRECTOR, PROGRAM REVIEW DIVISION. LAYER, PAUL M SENIOR DEPUTY ASSISTANT DIRECTOR, PROGRAM REVIEW DIVISION. RASKIN, MINA SENIOR DEPUTY ASSISTANT DIRECTOR, PROGRAMS REVIEW DIVISION. FINLEY, SCOTT SENIOR DEPUTY ASSISTANT DIRECTOR, RE-ENTRY SERVICES DIVISION. BATTS, MYRON T WARDEN FCI, MEMPHIS, TN. WILSON, ERIC D COMPLEX WARDEN, FCC, PETERSBURG, VA. SAAD, JENNIFER S WARDEN, FCI, GILMER, WV. YOUNG, DAVID L WARDEN, FCI, BECKLEY, WV. COAKLEY, JOSEPH D WARDEN, USP, HAZELTON, WV. RAVELL, SARA M REGIONAL DIRECTOR, NORTH CENTRAL REGION. MOSES, STANCIL WARDEN, USP, FCC, FLORENCE, CO. FOX, JACK W COMPLEX WARDEN—ADX, FCC, FLORENCE, CO. WERLICH, THOMAS WARDEN, FCI, GREENVILLE, IL. KALLIS, STEVEN WARDEN, FCI, PEKIN, IL. HUDSON JR., DONALD J WARDEN, FCI, THOMSON, IL. KRUEGER, JEFFREY COMPLEX WARDEN—USP, FCC, TERRE HAUTE, IN. ENGLISH, NICOLE WARDEN, USP, LEAVENWORTH, KS. PAUL, DAVID WARDEN, FMC, ROCHESTER, MN. SANDERS, LINDA L WARDEN USMCFP, SPRINGFIELD, MO. CARVAJAL, MICHAEL D REGIONAL DIRECTOR, NORTHEAST REGION. TATUM, ESKER L WARDEN, MCC, NEW YORK, NY. VON BLANCHENSEE, BAR WARDEN, FCI, OTISVILLE, NY. YOUNG, SCOTT WARDEN, FCI, FAIRTON, NJ. ORTIZ, DAVID WARDEN, FCI, FORT DIX, NJ. QUAY, HERMAN WARDEN, MDC, BROOKLYN, NY. ODDO, LEONARD WARDEN, FCC, ALLENWOOD, PA. BALTAZAR JR., JUAN WARDEN, USP, CANAAN, PA. EBBERT, DAVID W WARDEN USP, LEWISBURG, PA. ZUNIGA, RAFAEL WARDEN, FCI, MCKEAN, PA. PERDUE, RUSSELL A WARDEN, FCI, SCHUYLKILL, PA. CARAWAY, JOHN REGIONAL DIRECTOR, SOUTH CENTRAL REGION. KELLER, JEFFREY A REGIONAL DIRECTOR SOUTHEAST REGION. BEASLEY, GENE COMPLEX WARDEN, FCC, FOREST CITY, AR. FOX, JOHN B WARDEN, FTC, OKLAHOMA CITY, OK. LARA, FRANCISCO J COMPLEX WARDEN—USP, FCC, BEAUMONT, TX. UPTON, JODY R WARDEN, FMC, CARSWELL, TX. HANSON, RALPH WARDEN, FCI, THREE RIVERS, TX. CHANDLER, RODNEY W WARDEN, FCI, FORT WORTH, TX. MARBERRY, HELEN J REGIONAL DIRECTOR, SOUTHEAST REGION. ROMERO, BILLY WARDEN, FCI, TALLADEGA, AL. JARVIS, TAMYRA COMPLEX WARDEN—USP2, FCC, COLEMAN, FL. LOCKETT, CHARLES L WARDEN—USP, COLEMAN 1, COLEMAN, FL. BLACKMON, BRUCE E WARDEN, FCI MARIANNA, FL. RAMIREZ, GLOVANNI WARDEN, FDC, MIAMI, FL. HARMON, DARRIN WARDEN, USP, ATLANTA, GA. FLOURNOY JR., JOHN V WARDEN, FCI, JESUP, GA. MARTIN, MARK S COMPLEX WARDEN, FCC, YAZOO CITY, MS. BRAGG, M. TRAVIS WARDEN, FCI, BENNETTSVILLE, SC. MOSLEY, BONITA S WARDEN, FCI, EDGEFIELD, SC. ANTONELLI, BRYAN WARDEN FCI, WILLIAMSBURG, SC. VAZQUEZ, NORBAL WARDEN MDC, GUAYNABO, PUERTO RICO. MITCHELL, MARY M REGIONAL DIRECTOR, WESTERN REGION. LOTHROP, WILLIAMS WARDEN, FCI, PHOENIX, AZ. SHARTLE, JOHN T COMPLEX WARDEN—USP, FCC, TUSCON, AZ. LANGFORD, STEPHEN A COMPLEX WARDEN FCC, LOMPOC, CA. MILUSNIC, LOUIS J WARDEN, MDC. LOS ANGELES, CA. SHINN, DAVID C COMPLEX WARDEN, FCC, VICTORVILLE, CA. MATEVOUSIAN, ANDRE V WARDEN, USP, ATWATER, CA. PLUMLEY, BRUCE WARDEN, FCI, MENDOTA, CA. IVES, RICHARD B WARDEN FCI, SHERIDAN, OR. Civil Division—CIV READLER, CHAD PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. ANDERSON, DANIEL R DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH. MAO, ANDY DEPTY DIRECTOR, FRAUD SECTION. FLENTJE, AUGUST SPECIAL COUNSEL TO THE ASSISTANT ATTORNEY GENERAL. LANGSAM, STEPANIE INTERIM ADMINISTRATOR FOR FUNDS, OFFICE OF THE SPECIAL MASTER FOR THE SEPT 11 VICTIM COMPENSATION FUND. GRIFFITHS, JOHN R BRANCH DIRECTOR, FEDERAL PROGRAMS. COPPOLINO, ANTHONY J DEPUTY BRANCH DIRECTOR. DAVIDSON, JEANNE E DIRECTOR, COMMERCIAL LITIGATION BRANCH. FARGO, JOHN J DIRECTOR, IP, COMMERCIAL LITIGATION BRANCH. BENSON, BARRY F DIRECTOR, AVIATION AND ADMIRALTY SECTION. BHATTACHARYA, RUPA SPECIAL MASTER FOR THE SEPTEMBER 11 VICTIM COMPENSATION FUND (DUAL). REEVES, CATHERINE DEPTY DIRECTOR, TORTS/CSTL—VACCINE. GLYNN, JOHN PATRICK DIRECTOR, ENVIRONMENTAL TORT LITIGATION SECTION. EMERSON, CATHERINE V DIRECTOR, OFFICE OF MANAGEMENT PROGRAMS. PEREZ, LOUIS E DEPUTY DIRECTOR, (OPS), OFFICE OF IMMIGRATION LITIGATION, DISTRICT COURT. PEACHEY, WILLIAM C DIRECTOR, OFFICE OF IMMIGRATION LITIGATION, DISTRICT COURT. WARD, THOMAS DEPUTY ASSISTANT ATTORNEY GENERAL—TORTS. GRANSTON, MICHAEL D DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH. MANHARDT, KIRK DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH, CORPORATE AND FINANCIAL LITIGATION. DINTZER, KENNETH DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH, NATIONAL COURTS. YAVELBERG, JAMIE ANN DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH, FRAUD SECTION. HAUSKEN, GARY L DEPUTY DIRECTOR, INTELLECTUAL PROPERTY/COMMERCIAL LITIGATION BRANCH. BOLDEN, SCOTT DEPUTY DIRECTOR, INTELLECTUAL PROPERTY. HUNT, JOSEPH H BRANCH DIRECTOR. DAVIS, ETHAN DEPUTY DIRECTOR, COMMERCIAL LITIGATION BRANCH. STEGER, JEFFREY COUNSEL, CONSUMER PROTECTION BRANCH. GOLDBERG, RICHARD COUNSEL, CONSUMER PROTECTION BRANCH. SHAPIRO, ELIZABETH J DEPUTY BRANCH DIRECTOR. COLLETTE, MATTHEW DEPUTY DIRECTOR, APPELLATE STAFF. KIRSCHMAN JR., ROBERT E DIRECTOR, COMMERCIAL LITIGATION BRANCH. HOCKEY, MARTIN DEPUTY DIRECTOR, NATIONAL COURTS COMMERCIAL LITIGATION BRANCH. LETTER, DOUGLAS DIRECTOR, APPELLATE STAFF. RAAB, MICHAEL APPELLATE LITIGATION COUNSEL STERN, MARK B. APPELLATE LITIGATION COUNSEL. TOUHEY, JR., JAMES G DIRECTOR, FEDERAL TORT CLAIMS ACT SECTION. LIEBER, SHEILA M DEPUTY BRANCH DIRECTOR. EINERSON, ROGER SENIOR LEVEL TRIAL ATTORNEY. BUCKINGHAM, STEPHEN J SENIOR LEVEL TRIAL ATTORNEY. MOLINA, JR., ERNESTO DEPUTY DIRECTOR, OFFICE OF IMMIGRATION LITIGATION, APPELLATE SECTION. MARTIN, DANA DEPUTY DIRECTOR, APPELLATE BRANCH. MCCONNELL, DAVID M. DIRECTOR, OFFICE OF IMMIGRATIO LITIGATION, APPELLATE SECTION. MCINTOSH, SCOTT R SENIOR LEVEL APELLATE COUNSEL. BROWN, WALTER W SENIOR PATENT ATTORNEY. CARNEY, CHRISTOPHER SENIOR TRIAL ATTORNEY, NAT COURTS/COMMERCIAL LITIGATION BRANCH. O'MALLEY, BARBARA B SPECIAL LITIGATION COUNSEL, AVIATION AND ADMIRALTY SECTION. RICKETTS, JENNIFER D BRANCH DIRECTOR. FURMAN, JILL DEPUTY DIRECTOR, CONSUMER PROTECTION BRANCH. SCHUMATE, BRETT DEPUTY ASSISTANT ATTORNEY GENERAL. KISOR, COLIN SENIOR TRIAL ATTORNEY, DISTRICT COURT. FREEMAN, MARK SENIOR LEVEL TRIAL ATTORNEY, OFFICE OF IMMIGRATION LITIGATION, APPELLATE SECTION. KEENER, DONALD SENIOR LEVEL TRIAL ATTORNEY, OFFICE OF IMMIGRATION LITIGATION, APPELLATE SECTION. D'ALESSIO, JR., C.S SENIOR LEVEL TRIAL ATTORNEY, CONSTITUTIONAL SECTION. LINDEMANN, MICHAEL P SENIOR TRIAL ATTORNEY (NATIONAL SECURITY). QUINN, MICHAEL J SENIOR TRIAL ATTORNEY. GILLIGAN, JAMES J SPECIAL LITIGATION COUNSEL. HARVEY, RUTH A DIRECTOR, COMMERCIAL LITIGATION BRANCH, CORPORATE AND FINANCIAL LITIGATION. LATOUR, MICHELLE DEPUTY DIRECTOR, OFFICE OF IMMIGRATION LITIGATION, APPELLATE SECTION. LIN, JEAN SENIOR LEVEL TRIAL ATTORNEY, COMPLEX LITIGATION. Civil Rights Division—CRT GORE, JOHN PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL MOOSSY, ROBERT J DEPUTY ASSISTANT ATTORNEY GENERAL. FITZGERALD, PAIGE PRINCIPAL DEPUTY CHIEF, CRIMINAL SECTION. KESSLER, TAMARA CHIEF, CRIMINAL SECTION. SIMMONS, SHAHEENA CHIEF, EDUCATIONAL OPPORTUNITIES SECTION. FRIEL, GREGORY DEPUTY ASSISTANT ATTORNEY GENERAL. LEVITT, JUSTIN DEPUTY ASSISTANT ATTORNEY GENERAL. HOWE, SUSAN E EXECUTIVE OFFICER. TOOMEY, KATHLEEN DIRECTOR OF OPERATIONAL MANAGEMENT. GINSBURG, JESSICA A COUNSEL TO THE ASSISTANT ATTORNEY GENERAL. KENNEBREW, DELORA CHIEF, EMPLOYMENT LITIGATION SECTION. MAJEED, SAMEENA S CHIEF, HOUSING AND CIVIL ENFORCEMENT SECTION. SEWARD, JON PRINCIPAL DEPUTY CHIEF, HOUSING AND CIVIL ENFORCEMENT SECTION. JANG, DEEANA L CHIEF, FEDERAL COORDINATION AND COMPLIANCE SECTION. HERREN JR., THOMAS C CHIEF, VOTING SECTION. WERTZ, REBECCA PRINCIPAL DEPUTY CHIEF, VOTING SECTION. FLYNN, DIANA KATHERINE CHIEF, APPELLATE SECTION. MCGOWAN, SHARON M PRINCIPAL DEPUTY CHIEF, APPELLATE SECTION. BOND, REBECCA B CHIEF, DISABILITY RIGHTS SECTION. EMBREY, DIANA CHIEF, EMPLOYMENT COUNSEL. FORAN, SHEILA SPECIAL LEGAL COUNSEL, DISABILITY RIGHTS SECTION. BLOOMBERG, MARK SPECIAL LEGAL COUNSEL. RUISANCHEZ, ALBERTO DEPUTY SPECIAL COUNSEL FOR IMMIGRATION-RELATED UNFAIR EMPLOYMENT PRACTICES. PRESTON, JUDITH L PRINCIPAL DEPUTY CHIEF, SPECIAL LITIGATION SECTION. RAISH, ANNE PRINCIPAL DEPUTY CHIEF, DISABILITY RIGHTS SECTION. WOODARD, KAREN PRINCIPAL DEPUTY CHIEF, EMPLOYMENT LITIGATION SECTION. ROSENBAUM, STEVEN H CHIEF, SPECIAL LITIGATION SECTION. Criminal Division—CRM BLANCO, KENNETH A DEPUTY ASSISTANT ATTORNEY GENERAL. SWARTZ, BRUCE CARLTON DEPUTY ASSISTANT ATTORNEY GENERAL. AINSWORTH, PETER J SENIOR COUNSEL, OFFICE OF OVERSEAS PROSECUTORIAL DEVELOPMENT ASSISTANCE AND TRAINING. CARROLL, OVIE DIRECTOR, CYBERCRIME LABORATORY, COMPUTER CRIME AND INTELLECTUAL PROPERTY SECTION. RYBICKI, DAVID DEPUTY ASSISTANT ATTORNEY GENERAL. ALEXANDRE, CARL COUNSELOR FOR TRANSNATIONAL ORGANIZED CRIME & INTL AFFAIRS. ARY, VAUGHN DIRECTOR, OFFICE OF INTERNATIONAL AFFAIRS. HO-GONZALES, WILLIAM DEPUTY DIRECTOR, OFFICE OF INTERNATIONAL AFFAIRS. TOLEDO, RANDY DEPTY DIRECTOR, OFFICE OF INTERNATIONAL AFFAIRS. CONNOR, DEBORAH L DEPUTY CHIEF, ASSET FORFEITURE AND MONEY LAUNDERING SECTION. HARBIN, HARRY SENIOR LEGAL COUNSEL FOR ASSET FORFEITURE AND MONEY LAUNDERING. CARWILE, P. KEVIN CHIEF, CAPITAL CASE UNIT. DAY, M. KENDALL CHIEF, ASSET FORFEITURE AND MONEY LAUNDERING SECTION. DOWNING, RICHARD W DEPUTY CHIEF, COMPUTER CRIME AND INTELLECTUAL PROPERTY SECTION. EHRENSTAMM, FAYE DIRECTOR, OPDAT. GOODMAN, NINA SENIOR COUNSEL FOR APPEALS. GROCKI, STEVEN J CHIEF, CHILD EXPLOITATION AND OBSCENITY SECTION. HODGE, JENNIFER A.H DEPUTY DIRECTOR, OFFICE OF ENFORCEMENT OPERATIONS. HULSER, RAYMOND CHIEF, PUBLIC INTEGRITY SECTION. JAFFE, DAVID DEPUTY CHIEF, ORGANIZED CRIME AND GANG SECTION. JONES, JOSEPH M SENIOR COUNSEL FOR INTERNATIONAL DEVELOPMENT AND TRAINING. MCFADDEN, TREVOR DEPUTY ASSISTANT ATTORNEY GENERAL. KING, DAMON A DEPUTY CHIEF, CHILD EXPLOITATION AND OBSCENITY SECTION. LYNCH JR., JOHN T CHIEF, COMPUTER CRIME, AND INTELLECTUAL PROPERTY SECTION. MCHENRY, TERESA L CHIEF, HUMAN RIGHTS AND SPECIAL PROSECUTIONS SECTION. MELTON, TRACY EXECUTIVE OFFICER. OLMSTED, MICHAEL SENIOR JUSTICE FOR THE EUROPEAN UNION AND INTERNATIONAL CRIMINAL MATTERS. PAINTER, CHRISTOPHER M SENIOR COUNSEL FOR CYBERCRIME. RAABE, WAYNE C DEPUTY CHIEF, NARCOTIC AND DANGEROUS DRUG SECTION. RODRIGUEZ, MARY D DEPUTY DIRECTOR, OFFICE OF INTERNATIONAL AFFAIRS. ROSENBAUM, ELI M DIRECTOR, HUMAN RIGHTS ENFORCEMENT STRATEGY AND POLICY. STEMLER, PATTY MERKAMP CHIEF, APPELLATE SECTION. TIROL, ANNALOU DEPUTY CHIEF, PUBLIC INTEGRITY SECTION. WEISSMANN, ANDREW CHIEF, FRAUD SECTION. MOSER, SANDRA DEPUTY CHIEF, FRAUD SETION. WROBLEWSKI, JONATHAN J DIRECTOR, OFFICE OF POLICY AND LEGISLATION. WYATT, ARTHUR G CHIEF, NARCOTIC AND DANGEROUS DRUG SECTION. WYDERKO, JOSEPH DEPUTY CHIEF, APPELLATE SECTION. Environmental and Natural Resources Division—ENRD WOOD, JEFF PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. WILLIAMS, JEAN E DEPUTY ASSISTANT ATTORNEY GENERAL. GELBER, BRUCE S DEPUTY ASSISTANT ATTORNEY GENERAL. ALEXANDER, S. CRAIG CHIEF, INDIAN RESOURCES SECTION. BARSKY, SETH CHIEF, WILDLIFE AND MARINE RESOURCES. COLLIER, ANDREW EXECUTIVE OFFICER. DOUGLAS, NATHANIEL DEPUTY SECTION CHIEF, ENVIRONMENTAL ENFORCEMENT SECTION. FERGUSON, CYNTHIA SENIOR LITIGATOR, ENVIRONMENTAL JUSTICE. GETTE, JAMES DEPUTY CHIEF, NATURAL RESOURCES SECTION. GOLDFRANK, ANDREW M CHIEF, LAND ACQUISITION SECTION. GRANT, ERIC DEPUTY ASSISTANT ATTORNEY GENERAL. GRISHAW, LETITIA J CHIEF, ENVIRONMENTAL DEFENSE SECTION. HARRIS, DEBORAH CHIEF, ENVIRONMENTAL CRIMES SECTION. HOANG, ANTHONY P SENIOR LITIGATION COUNSEL, NATURAL RESOURCES. KILBOURNE, JAMES C CHIEF, APPELLATE SECTION. MAHAN, ELLEN M DEPUTY CHIEF, ENVIRONMENTAL ENFORCEMENT SECTION. MARIANI, THOMAS CHIEF, ENVIRONMENTAL ENFORCEMENT SECTION. DWORKIN, KAREN DEPUTY CHIEF, ENVIRONMENTAL ENFORCEMENT SECTION. MERGEN, ANDREW DEPUTY CHIEF, APPELLATE SECTION. PASSARELLI, EDWARD DEPUTY CHIEF, NATURAL RESOURCES SECTION. POUX,JOSEPH DEPUTY CHIEF, ENVIRONMENTAL CRIMES SECTION. RUSSELL, LISA L CHIEF, NATURAL RESOURCES SECTION. HIMMELCHOCH, SARAH SENIOR ATTORNEY FOR E-DISCOVERY. BRIGHTBILL, JONATHAN DEPUTY ASSISTANT ATTORNEY GENERAL. SHILTON, DAVID SENIOR LITIGATION COUNSEL. SINGER, FRANK SENIOR LITIGATION COUNSEL. STEWART, HOWARD P SENIOR LITIGATION COUNSEL. TENENBAUM, ALAN S SENIOR LITIGATION COUNSEL. VADEN, CHRISTOPHER S DEPUTY CHIEF, ENVIRONMENTAL DEFENSE SECTION. WARDZINSKI, KAREN M CHIEF, LAW AND POLICY SECTION. Executive Office for Immigration Review—EOIR ADKINS-BLANCH, CHARLES K VICE CHAIRMAN, BOARD OF IMMIGRATION APPEALS. CLARK, MOLLY K ATTORNEY EXAMINER. COLE, PATRICIA A ATTORNEY EXAMINER. CREPPY, MICHAEL ATTORNEY EXAMINER. MANN, ANA ATTORNEY EXAMINER. GRANT, EDWARD R ATTORNEY EXAMINER. GREER, ANNE J ATTORNEY EXAMINER. GUENDELSBERGER, JOHN W ATTORNEY EXAMINER. JORDAN, WYEVETRA ASSISTANT DIRECTOR FOR ADMINISTRATION. LUMHO, KEKOA (DETAIL) CHIEF INFORMATION OFFICER. KELLER, MARY BETH CHIEF IMMIGRATION JUDGE. KING, JEAN GENERAL COUNSEL. LIEBOWITZ, ELLEN ATTORNEY EXAMINER. KELLY, EDWARD ATTORNEY EXAMINER. MALPHRUS, GARRY D ATTORNEY EXAMINER. MCGOINGS, MICHAEL DEPUTY CHIEF, IMMIGRATION JUDGE. MULLANE, HUGH G ATTORNEY EXAMINER. NEAL, DAVID CHAIRMAN, BOARD OF IMMIGRATION APPEALS. O'CONNOR, BLAIR ATTORNEY EXAMINER. PAULEY, ROGER ANDREW ATTORNEY EXAMINER. STUTMAN, ROBIN M CHIEF ADMINISTRATIVE HEARING OFFICER. WENDTLAND, LINDA S ATTORNEY EXAMINER. Executive Office for Organized Crime Drug Enforcement Task Forces—OCDETF OHR, BRUCE G DIRECTOR, OCDETF AND ASSOCIATE DEPUTY ATTORNEY GENERAL. PADDEN, THOMAS W DEPUTY DIRECTOR, OCDETF. KELLY, THOMAS J DIRECTOR, FUSION CENTER. Executive Office for U.S. Attorneys—EOUSA WILKINSON, ROBERT “MONTY” DIRECTOR. BELL, SUZANNE L DEPUTY DIRECTOR. PELLETIER, JONATHAN CHIEF FINANCIAL OFFICER. FLESHMAN, JAMES MARK CHIEF INFORMATION OFFICER. CHANDLER, CAMERON G ASSOCIATE DIRECTOR, OFFICE OF LEGAL EDUCATION. FLINN, SHAWN CHIEF HUMAN RESOURCES OFFICER. MACKLIN, JAMES GENERAL COUNSEL. SMITH, DAVID L COUNSEL FOR LEGAL INITIATIVES. VILLEGAS, DANIEL A COUNSEL, LEGAL PROGAMS AND POLICY. WONG, NORMAN Y DEPUTY DIRECTOR AND COUNSEL TO THE DIRECTOR. Executive Office for U.S. Trustees—EOUST WHITE III, CLIFFORD J DIRECTOR. ELLIOTT, RAMONA D DEPUTY DIRECTOR, GENERAL COUNSEL. Justice Management Division—JMD LOFTHUS, LEE J ASSISTANT ATTORNEY GENERAL FOR ADMINISTRATION. SANTANGELO, MARI BARR DEPUTY ASSISTANT ATTORNEY GENERAL FOR HUMAN RESOURCES AND ADMINISTRATION (CHCO). LAMARY, MARY DIRECTOR, HUMAN RESOURCES. ALLEN, MICHAEL H DEPUTY ASSISTANT ATTORNEY GENERAL FOR POLICY, MANAGEMENT, AND PLANNING, AND CHIEF OF STAFF. LAURIA JOLENE A DEPUTY ASSISTANT ATTORNEY GENERAL/CONTROLLER. KLIMAVICZ, JOSEPH DEPUTY ASSISTANT ATTORNEY GENERAL FOR INFORMATION RECOURCES MANAGEMENT AND CHIEF INFORMATION OFFICER. GARY, ARTHUR GENERAL COUNSEL. SHAW, CYNTHIA DIRECTOR, DEPARTMENTAL ETHICS OFFICE. SELWESKI, MARK L DIRECTOR, PROCUREMENT SERVICES STAFF. ALVAREZ, CHRISTOPHER C DIRECTOR, FINANCE STAFF. DEELEY, KEVIN DEPUTY CHIEF INFORMATION OFFICER. FRONE, JAMILA DIRECTOR, OFFICE OF ATTORNEY RECRUITMENT AND MANAGEMENT. DUNLAP, JAMES L DIRECTOR, SECURITY AND EMERGENCY PLANNING STAFF. SNELL, ROBERT DIRECTOR, FACILITIES AND ADMINISTRATIVE SERVICES STAFF. FELDT, DENNIS G DIRECTOR, LIBRARY STAFF. RAYMOND, JOHN DIRECTOR, IT POLICY AND PLANNING STAFF. SELWESKI, MARK L DIRECTOR, PROCUREMENT SERVICES STAFF. DAUPHIN, DENNIS E DIRECTOR, DEBT COLLECTION MANAGEMENT STAFF. ARNOLD, KENNETH DIRECTOR, ASSET FORFEITURE MANAGEMENT STAFF. PULLEN, JEFFREY SENIOR ADVISOR FOR FINANCIAL MANAGEMENT INFORMATION TECHNOLOGY. FUNSTON, ROBIN S DIRECTOR, BUDGET STAFF. ATTUCKS, MARK DEPUTY DIRECTOR, BUDGET STAFF, OPERATIONS AND FUNDS CONTROL. KLEPPINGER, ERIC D DEPUTY DIRECTOR, BUDGET STAFF, OPERATIONS AND FUNDS CONTROL. ROGERS, MELINDA DIRECTOR, CYBERSECURITY SERVICES STAFF. MACKERT, TODD DEPUTY STAFF DIRECTOR, CYBER SECURITY SERVICES STAFF. MCCRAE, DANIEL DIRECTOR, SERVICE DELIVERY STAFF. ZIMMER, DAWN DEPUTY DIRECTOR, SERVICE DELIVERY STAFF. BEWTRA, ANEET K CHIEF TECHNOLOGY OFFICER. RUBIN, DAVID DIRECTOR, SERVICE ENGINEERING STAFF. RODGERS, JANICE M DIRECTOR, DEPARTMENTAL ETHICS OFFICE. TOSCANO JR., RICHARD A DIRECTOR, EQUAL EMPLOYMENT OPPORTUNITY STAFF. MCCONKEY, MILTON ? SENIOR ADVISOR. COOK, TERENCE L SENIOR ADVISOR. ROPER, MATTHEW DEPUTY DIRECTOR (AUDITING), FINANCE STAFF. National Security Division—NSD ATKINSON, MICHAEL SENIOR COUNSEL TO THE AAG. HICKEY, ADAM DEPUTY ASSISTANT ATTORNEY GENERAL. WIEGMANN, JOHN B DEPUTY ASSISTANT ATTORNEY GENERAL, OFFICE OF LAW AND POLICY. TOSCAS, GEORGE Z DEPUTY ASSISTANT ATTORNEY GENERAL (COUNTERESPIONAGE-COUNTERTERRORISM). JAYARAM, SANCHITHA CHIEF, FOREIGN INVESTMENT REVIEW STAFF. DUNNE, STEVEN M CHIEF, APPELLATE UNIT. EVANS, STUART DEPUTY ASSISTANT ATTORNEY GENERAL, FISA OPERATINS AND INTELLIGENCE OVERSIGHT. JENKINS, MARK A EXECUTIVE OFFICER. WEINSHEIMER, G. BRADLEY DIRECTOR OF RISK MANAGEMENT AND COUNSELOR. KEEGAN, MICHAEL DEPUTY CHIEF, COUNTERTERRORISM SECTION. KENNEDY, J. LIONEL SPECIAL COUNSEL FOR NATIONAL SECURITY. MULLANEY, MICHAEL J CHIEF, COUNTERTERRORISM SECTION. O'CONNOR, KEVIN CHIEF, OVERSIGHT SECTION. SANZ-REXACH, GABRIEL CHIEF, OPERATIONS SECTION. HARDEE, CHRISTOPHER CHIEF, POLICY—OFFICE OF LAW AND POLICY. LAUFMAN, DAVID CHIEF, COUNTERINTELLIGENCE, EXPORT CONTROL AND ECONOMIC ESPIONAGE. Office of Community Oriented Policing Services—COPS WASHINGTON, RUSSELL C PRINCIPAL DEPUTY DIRECTOR. BROWN-CUTLAR, SHANETTA SENIOR ADVISOR TO THE DIRECTOR. Office of Information Policy—OIP PUSTAY, MELANIE ANN DIRECTOR. Office of the Inspector General—OIG STORCH, ROBERT DEPUTY INSPECTOR GENERAL. MALMSTROM, JASON R ASSISTANT INSPECTOR GENERAL FOR AUDIT. BLIER, WILLIAM M GENERAL COUNSEL. LEE, RENE SENIOR COUNSEL TO THE INSPECTOR GENERAL. BECKHARD, DANIEL C ASSISTANT INSPECTOR GENERAL FOR OVERSIGHT AND REVIEW. O'NEILL, MICHAEL SEAN DEPUTY ASSISTANT INSPECTOR GENERAL FOR OVERSIGHT AND REVIEW. PELLETIER, NINA S ASSISTANT INSPECTOR GENERAL FOR EVALUATION AND INSPECTIONS. HAYES, MARK L DEPUTY ASSISTANT INSPECTOR GENERAL FOR AUDIT. JOHNSON, ERIC A ASSISTANT INSPECTOR GENERAL INVESTIGATIONS. CHAWAGA, MARGARET DEPUTY ASSISTANT INSPECTOR GENERAL FOR INVESTIGATIONS. PETERS, GREGORY T ASSISTANT INSPECTOR GENERAL FOR MANAGEMENT AND PLANNING. LOWELL, CYNTHIA DEPUTY ASSISTANT INSPECTOR GENERAL FOR MANAGEMENT AND PLANNING. MITZELFELD, JAMES A SENIOR COUNSEL TO THE AIG/INV. RATON, MITCH CHIEF INNOVATION OFFICER. SUMNER, PATRICIA SENIOR COUNSEL TO THE ASSISTANT INSPECTOR GENERAL FOR OVERSIGHT AND REVIEW. LAVINSKY, JOHN SENIOR COUNSEL TO THE IG. Office of Justice Programs—OJP HANSON, ALAN PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. HENNEBERG, MAUREEN A DEPUTY ASSISTANT ATTORNEY GENERAL OPERATIONS MANAGEMENT. GARRY, EILEEN M DEPUTY DIRECTOR FOR PLANNING, BUREAU OF JUSTICE ASSISTANCE. TRAUTMAN, TRACEY DEPUTY DIRECTOR FOR PROGRAMS, BUREAU OF JUSTICE ASSISTANCE. FEUCHT, THOMAS E EXECUTIVE SCIENCE ADVISOR, NATIONAL INSTITUTE OF JUSTICE. SPIVAK, HOWARD PRINCIPAL DEPUTY DIRECTOR, NATIONAL INSTITUTE OF JUSTICE. MARTIN, RALPH DIRECTOR, OFFICE OF AUDIT, ASSESSMENT, AND MANAGEMENT. MERKLE, PHILIP DIRECTOR, OFFICE OF ADMINISTRATION. MADAN, RAFAEL A GENERAL COUNSEL. MAHONEY, KRISTEN DEPUTY DIRECTOR, POLICY MANAGEMENT, BUREAU OF JUSTICE ASSISTANCE. ROBERTS, MARILYN M DEPUTY DIRECTOR, OFFICE FOR VICTIMS OF CRIME. MULROW, JERI DIRECTOR, BUREAU OF JUSTICE STATISTICS. SOLOMON, AMY DIRECTOR FOR POLICY MCGRATH, BRIAN CHIEF INFORMATION OFFICER. BENDA, BONNIE LEIGH CHIEF FINANCIAL OFFICER. ATSATT, MARILYNN B DEPUTY CHIEF FINANCIAL OFFICER. THOMAS, LATHIKA (MARY) DIRECTOR FOR POLICY. BECK, ALLEN J SENIOR STATISTICIAN. DARDEN, SILAS DIRECTOR, OFFICE OF COMMUNICATIONS. JONES, CHYRL DEPUTY ADMINISTRATOR FOR PROGRAMS, OJJDP. Office of Legal Counsel—OLC GANNON, CURTIS PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL OF LEGAL COUNSEL. KOFFSKY, DANIEL L DEPUTY ASSISTANT ATTORNEY GENERAL. WHITAKER, HENRY DEPUTY ASSISTANT ATTORNEY GENERAL. HARRIS, SARAH DEPUTY ASSISTANT ATTORNEY GENERAL. COLBORN, PAUL P SPECIAL COUNSEL. HART, ROSEMARY A SPECIAL COUNSEL. SINGDAHLSEN, JEFFREY P SENIOR COUNSEL. STEWART, SCOTT COUNSEL. Office of Legal Policy—OLP NEWMAN, RYAN PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. TALLEY, BRETT DEPUTY ASSISTANT ATTORNEY GENERAL. JONES, KEVIN ROBERT DEPUTY ASSISTANT ATTORNEY GENERAL. THIEMANN, ROBYN L DEPUTY ASSISTANT ATTORNEY GENERAL. ESCALONA, PRIM DEPUTY ASSISTANT ATTORNEY GENERAL. KARP, DAVID J SENIOR COUNSEL. JACOBS, JOANNA SENIOR COUNSEL FOR ALTERNATIVE DISPUTE RESOLUTION. Office of Legislative Affairs—OLA RAMER, SAMUEL PRINCIPAL DEPUTY ASSISTANT ATTORNEY GENERAL. LASSETER, DAVID DEPUTY ASSISTANT ATTORNEY GENERAL. Office of Professional Responsibility—OPR ASHTON, ROBIN COUNSEL FOR PROFESSIONAL RESPONSIBILITY. RAGSDALE, JEFFREY DEPUTY COUNSEL ON PROFESSIONAL RESPONSIBILITY. BIRNEY, WILLIAM SENIOR ASSOCIATE COUNSEL. HURLEY, RAYMOND SENIOR ASSOCIATE COUNSEL. Office of Public Affairs—PAO ISGUR FLORES, SARAH DIRECTOR. Office of Tribal Justice—OTJ TOULOU, TRACY S DIRECTOR, OFFICE OF TRIBAL JUSTICE. EDERHEIMER, JOSHUA SENIOR ADVISOR. Professional Responsibility Advisory Office—PRAO LUDWIG, STACY DIRECTOR. Tax Division—TAX HUBBERT, DAVID A DEPUTY ASSISTANT ATTORNEY GENERAL. BRUFFY, ROBERT EXECUTIVE OFFICER. BALLWEG, MITCHELL COUNSELOR TO THE DEPUTY ASSISTANT ATTORNEY GENERAL FOR STRATEGIC TAX ENFORCEMENT. WSZALEK, LARRY CHIEF, CRIMINAL ENFORCEMENT SECTION, WESTERN REGION. DALY, MARK SENIOR TRIAL ATTORNEY. DAVIS, NANETTE SENIOR TRIAL ATTORNEY. DONOHUE, DENNIS M SENIOR LITIGATION COUNSEL. PINCUS, DAVID CHIEF, COURT OF FEDERAL CLAIMS SECTION. GOLDBERG, STUART SENIOR COUNSELOR TO THE ASSISTANT ATTORNEY GENERAL. HAGLEY, JUDITH SENIOR TRIAL ATTORNEY. HARTT III, GROVER CHIEF, CIVIL TRIAL SECTION SOUTHWESTERN REGION. IHLO, JENNIFER SENIOR TRIAL ATTORNEY. CLARKE, RUSSELL SCOTT CHIEF, CIVIL TRIAL SECTION, CENTRAL REGION. JOHNSON, CORY SENIOR TRIAL ATTORNEY. KEARNS, MICHAEL J CHIEF, CIVIL TRIAL SECTION, SOUTHERN REGION. LARSON, KARI SENIOR TRIAL ATTORNEY. LINDQUIST III, JOHN A SENIOR TRIAL ATTORNEY. MELAND, DEBORAH CHIEF, CIVIL TRIAL SECTION EASTERN REGION. REID, ANN C CHIEF, OFFICE OF REVIEW. MULLARKEY, DANIEL P CHIEF, CIVIL TRIAL SECTION, NORTHERN REGION. PAGUNI, ROSEMARY E CHIEF, CRIMINAL ENFORCEMENT SECTION, NORTHERN REGION. ROTHENBERG, GILBERT S CHIEF, APPELLATE SECTION. CLARK, THOMAS J DEPUTY CHIEF, APPELLATE SECTION. SALAD, BRUCE M CHIEF, CRIMINAL ENFORCEMENT SECTION, SOUTHERN REGION. LYONS, ROBERT CHIEF, CRIMINAL APPEALS AND TAX ENFORCEMENT POLICY SECTION. SAWYER, THOMAS SENIOR TRIAL ATTORNEY. SERGI, JOSEPH A SENIOR TRIAL ATTORNEY. SHATZ, EILEEN M SPECIAL LITIGATION COUNSEL. SMITH, COREY J SENIOR TRIAL ATTORNEY. STEHLIK, NOREENE C SENIOR TRIAL ATTORNEY. SULLIVAN, JOHN SENIOR TRIAL ATTORNEY. WEAVER, JAMES E SENIOR TRIAL ATTORNEY. WARD, RICHARD CHIEF, CIVIL TRIAL SECTION WESTERN REGION. U.S. Marshals Service—USMS HARLOW, DAVID DEPUTY DIRECTOR. AUERBACH, GERALD GENERAL COUNSEL. BROWN, SHANNON B ASSISTANT DIRECTOR, JPATS. MOHAN, KATHERINE T ASSISTANT DIRECTOR, HUMAN RESOURCES. DRISCOLL, DERRICK ASSISTANT DIRECTOR, INVESTIGATIVE OPERATIONS. MATHIAS, KARL ASSISTANT DIRECTOR FOR INFORMATION TECHNOLOGY. BOLEN, JOHN ASSISTANT DIRECTOR, JUDICIAL SECURITY. EDWARDS, SOPHIA DIRECTOR, BUSINESS STRATEGY AND NTEGRATION. MUSEL, DAVID F ASSOCIATE DIRECTOR, ADMINISTRATION. SNELSON, WILLIAM D ASSOCIATE DIRECTOR, OPERATIONS. VIRTUE, TIMOTHY ASSISTANT DIRECTOR, ASSET FORFEITURE. HACKMASTER, NELSON ASSISTANT DIRECTOR, PRISONER OPERATIONS. DICKINSON. LISA ATTORNEY ADVISOR. O'BRIEN-ROGAN, CAROLE PROCUREMENT EXECUTIVE, FINANCIAL SERVICES. O'BRIEN, HOLLEY CHIEF, FINANCIAL OFFICER, FINANCIAL SERVICES. O”HEARN, DONALD ASSISTANT DIRECTOR, OFFICE OF PROFESSIONAL RESPONSIBILITY. PAN, MAUREEN (ACTING) ASSISTANT DIRECTOR, MANAGEMENT SUPPORT. ANDERSON, DAVID ASSISTANT DIRECTOR, TRAINING. Community Relations Service—CRS RATIFF, GERRI DEPUTY DIRECTOR. Rule of Law Office—ROL FAIRCHILD, FORDE JUSTICE ATTACHE, AFGHANISTAN. U.S. National Central Bureau INTERPOL—USNCB SALZGABER, WAYNE DEPUTY DIRECTOR.
    [FR Doc. 2017-22444 Filed 10-16-17; 8:45 am] BILLING CODE 4410-CH-P
    NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES National Endowment for the Arts National Council on the Arts 192nd Meeting AGENCY:

    National Endowment for the Arts, National Foundation on the Arts and Humanities.

    ACTION:

    Notice of meeting.

    SUMMARY:

    Pursuant to section 10(a)(2) of the Federal Advisory Committee Act, as amended, notice is hereby given that a meeting of the National Council on the Arts will be held. Open to the public on a space available basis.

    DATES:

    See the SUPPLEMENTARY INFORMATION section for meeting time and date. The meeting is Eastern time and the ending time is approximate.

    ADDRESSES:

    Russell Senate Building, Room #SR-485, 2 Constitution Avenue NE., Washington, DC 20002.

    FOR FURTHER INFORMATION CONTACT:

    Victoria Hutter, Office of Public Affairs, National Endowment for the Arts, Washington, DC 20506, at 202/682-5570.

    SUPPLEMENTARY INFORMATION:

    If, in the course of the open session discussion, it becomes necessary for the Council to discuss non-public commercial or financial information of intrinsic value, the Council will go into closed session pursuant to subsection (c)(4) of the Government in the Sunshine Act, 5 U.S.C. 552b, and in accordance with the July 5, 2016 determination of the Chairman. Additionally, discussion concerning purely personal information about individuals, such as personal biographical and salary data or medical information, may be conducted by the Council in closed session in accordance with subsection (c)(6) of 5 U.S.C. 552b.

    Any interested persons may attend, as observers, to Council discussions and reviews that are open to the public. If you need special accommodations due to a disability, please contact the Office of Accessibility, National Endowment for the Arts, Constitution Center, 400 7th St. SW., Washington, DC 20506, 202/682-5733, Voice/T.T.Y. 202/682-5496, at least seven (7) days prior to the meeting.

    The upcoming meeting is:

    National Council on the Arts 192nd Meeting

    This meeting will be open.

    Date and time: October 26, 2017; 10:00 a.m. to 12:00 p.m.

    From 10:00 a.m. to 10:30 a.m.—Opening remarks and voting on recommendations for grant funding and rejection, followed by updates from the Chairman. There also will be the following presentations (times are approximate): from 10:30 a.m. to 11:00 a.m.—Presentation from Missoula Children's Theatre (Michael McGill, Executive Director, Missoula Children's Theatre); from 11:00 a.m. to 11:30 a.m.—Presentation from Appalshop (Ada Smith, Institutional Development Director, Appalshop); and from 11:30 a.m.-12:00 p.m.—Remarks from Members of Congress.

    Dated: October 12, 2017. Sherry P. Hale, Staff Assistant, National Endowment for the Arts.
    [FR Doc. 2017-22452 Filed 10-16-17; 8:45 am] BILLING CODE 7537-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 50-255; NRC-2017-0207] Entergy Nuclear Operations, Inc.; Palisades Nuclear Plant AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Exemption; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing an exemption in response to a June 29, 2017, request from Entergy Nuclear Operations, Inc. (Entergy or the licensee) from certain regulatory requirements. The exemption would allow, as a minimum, a certified fuel handler (CFH), in addition to a licensed senior operator, to approve the suspension of security measures for Palisades Nuclear Plant (Palisades) during certain emergency conditions or during severe weather after the certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel are docketed.

    DATES:

    The exemption was issued on October 11, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2017-0207 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0207. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Scott P. Wall, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2855; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background

    Entergy is the holder of Renewed Facility Operating License No. DPR-20 for Palisades. The license provides, among other things, that the facility is subject to all applicable rules, regulations, and orders of the NRC now or hereafter in effect. The Palisades facility consists of a pressurized-water reactor located in Van Buren County, Michigan.

    By letter dated January 4, 2017 (ADAMS Accession No. ML17004A062), the licensee submitted a Notification of Permanent Cessation of Power Operations for Palisades. In this letter, Entergy provided notification to the NRC of its intent to permanently cease power operations at Palisades no later than October 1, 2018.

    In accordance with §§ 50.82(a)(1)(i) and (ii), and 50.82(a)(2) of title 10 of the Code of Federal Regulations (10 CFR), the 10 CFR part 50 license for the facility will no longer authorize reactor operation or emplacement or retention of fuel in the reactor vessel after certifications of permanent cessation of operations and permanent removal of fuel from the reactor vessel are docketed for Palisades.

    By letter dated August 21, 2017 (ADAMS Accession No. ML17151A350), the NRC approved the CFH Training and Retraining Program for Palisades.

    II. Request/Action

    By letter dated June 29, 2017 (ADAMS Accession No. ML17180A004), the licensee requested an exemption from § 73.55(p)(1)(i) and (ii), pursuant to § 73.5, “Specific exemptions.” Section 73.55(p)(1)(i) and (ii) requires, in part, that the suspension of security measures during certain emergency conditions or during severe weather be approved as a minimum by a licensed senior operator before taking this action. Entergy requested an exemption from these rules to allow as a minimum either a licensed senior operator or a CFH to approve the suspension of security measures at Palisades after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted. There is no need for an exemption from these rules for a licensed senior operator to approve the suspension of security measures because the current regulation allows this. However, the exemption is needed to also allow, as a minimum, a CFH to provide this approval after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted.

    III. Discussion

    The NRC's security rules have long recognized the potential need to suspend security or safeguards measures under certain conditions. Accordingly, § 50.54(x) and (y), first published in 1983, allow a licensee to take reasonable actions in an emergency that depart from license conditions or technical specifications when those actions are immediately “needed to protect the public health and safety,” and no actions consistent with license conditions and technical specifications that can provide adequate or equivalent protection are immediately apparent (48 FR 13970; April 1, 1983). This departure from license conditions or technical specifications must be approved, as a minimum, by a licensed senior operator. In 1986, in its final rule, “Miscellaneous Amendments Concerning the Physical Protection of Nuclear Power Plants” (51 FR 27817; August 4, 1986), the Commission issued § 73.55(a), which provided, in part, that, in accordance with § 50.54(x) and (y), the licensee may suspend any safeguards measures pursuant to § 73.55 in an emergency when this action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent. The regulation further requires that this suspension be approved as a minimum by a licensed senior operator prior to taking the action.

    In 1996, the NRC made a number of regulatory changes to address decommissioning. One of the changes was to amend § 50.54(x) and (y) to authorize a non-licensed operator called a “Certified Fuel Handler,” in addition to a licensed senior operator, to approve such protective actions in an emergency situation. In addressing the role of the CFH during emergencies in § 50.54(y), the Commission stated in the proposed rule, “Decommissioning of Nuclear Power Reactors” (60 FR 37374; July 20, 1995) that it was proposing to amend 10 CFR 50.54(y) to permit a certified fuel handler at nuclear power reactors that have permanently ceased operations and permanently removed fuel from the reactor vessel, subject to the requirements of § 50.82(a) and consistent with the proposed definition of “Certified Fuel Handler” specified in § 50.2, to make these evaluations and judgments. The Commission stated that a nuclear power reactor that has permanently ceased operations and no longer has fuel in the reactor vessel does not require a licensed individual to monitor core conditions. The Commission noted that a certified fuel handler at a permanently shutdown and defueled nuclear power reactor undergoing decommissioning is an individual who has the requisite knowledge and experience to evaluate plant conditions and make these judgments.

    In the final rule (61 FR 39298; July 29, 1996), the NRC added “certified fuel handler” to the definitions in § 50.2 and defined it to mean, for a nuclear power reactor facility, a non-licensed operator who has qualified in accordance with a fuel handler training program approved by the Commission. However, the decommissioning rule did not propose or make parallel changes to § 73.55(a), and did not discuss the role of a non-licensed CFH.

    In the final rule, “Power Reactor Security Requirements” (74 FR 13926; March 27, 2009), the NRC relocated the security suspension requirements from § 73.55(a) to § 73.55(p)(1)(i) and (ii). The role of a CFH was not discussed in this rulemaking; therefore, the suspension of security measures in accordance with § 73.55(p) continued to require approval as a minimum by a licensed senior operator, even for a facility that had permanently ceased operations and permanently defueled.

    However, pursuant to § 73.5, the Commission may, upon application of any interested person or upon its own initiative, grant exemptions from the requirements of part 73, as it determines are authorized by law and will not endanger life or property or the common defense and security, and are otherwise in the public interest.

    A. The Exemption Is Authorized by Law

    The requested exemption from § 73.55(p)(1)(i) and (ii) would allow, as a minimum, a CFH, in addition to a licensed senior operator, to approve the suspension of security measures for Palisades during certain emergency conditions or during severe weather after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted. The licensee's intent with the requested exemption is to align the requirements of § 73.55(p)(1)(i) and (ii) with the requirements of § 50.54(y).

    Per § 73.5, the Commission may grant exemptions from the regulations in part 73, as are authorized by law. The NRC staff has determined that granting the licensee's proposed exemption will not result in a violation of the Atomic Energy Act of 1954, as amended, or other laws. Therefore, the exemption is authorized by law.

    B. Will Not Endanger Life or Property or the Common Defense and Security

    Relaxing the requirement to allow a CFH, in addition to a licensed senior operator, to approve the suspension of security measures for Palisades during certain emergency conditions or during severe weather after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted will not endanger life or property or the common defense and security for the reasons described in this section.

    First, § 73.55(p)(2) will continue to require that “[s]uspended security measures must be reinstated as soon as conditions permit.”

    Second, the suspension for non-weather emergency conditions under § 73.55(p)(1)(i) will continue to be invoked only “when this action is immediately needed to protect the public health and safety and no action consistent with license conditions and technical specifications that can provide adequate or equivalent protection is immediately apparent.” Thus, the exemption would not prevent the licensee from meeting the underlying purpose of § 73.55(p)(1)(i) to protect the public health and safety.

    Third, the suspension for severe weather under § 73.55(p)(1)(ii) will continue to be used only when “the suspension of affected security measures is immediately needed to protect the personal health and safety of security force personnel and no other immediately apparent action consistent with the license conditions and technical specifications can provide adequate or equivalent protection.” The requirement to receive input from the security supervisor or manager will remain. Thus, the exemption would not prevent the licensee from meeting the underlying purpose of § 73.55(p)(1)(ii) to protect the health and safety of the security force.

    Additionally, by letter dated August 21, 2017, the NRC approved Entergy's CFH Training and Retraining Program for Palisades. The NRC staff found that, among other things, the program addresses the safe conduct of decommissioning activities, the safe handling and storage of spent fuel, and the appropriate response to plant emergencies. Because a CFH at Palisades will be sufficiently trained and qualified under an NRC-approved program, the NRC staff considers the CFH to have sufficient knowledge of operational and safety concerns, such that allowing the CFH to suspend security measures during emergencies or severe weather will not result in undue risk to the public health and safety.

    Finally, the exemption does not reduce the overall effectiveness of the Palisades physical security plan and has no adverse impacts to Entergy's ability to physically secure the site or protect special nuclear material at Palisades, and thus would not have an effect on the common defense and security. The NRC staff has determined that the exemption would not reduce security measures currently in place to protect against radiological sabotage. Instead, the exemption would align the requirements of § 73.55(p)(1)(i) and (ii) with the existing requirements of § 50.54(y).

    For these reasons, the NRC staff concludes that relaxing the requirement to allow a CFH, in addition to a licensed senior operator, to approve the suspension of security measures for Palisades in an emergency or during severe weather after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted will not endanger life or property or the common defense and security.

    C. The Exemption Is Otherwise in the Public Interest

    Entergy's proposed exemption would relax the current requirements by allowing a CFH, in addition to a licensed senior operator, to approve the suspension of security measures for Palisades in an emergency when “immediately needed to protect the public health and safety” or during severe weather when “immediately needed to protect the personal health and safety of security force personnel” after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted. Without the exemption, the licensee cannot implement changes to its security plan to authorize a CFH to approve the temporary suspension of security measures during an emergency or severe weather, comparable to the authority given to the CFH by the NRC when it promulgated § 50.54(y). Instead, the regulations would continue to require that, as a minimum, a licensed senior operator be available to make these decisions even though, after the docketing of the certifications required by § 50.82(a)(1)(i) and (ii) and as a permanently shutdown and defueled plant, Palisades would no longer otherwise require licensed senior operators.

    This exemption is in the public interest for two reasons. First, the exemption would allow the licensee to make decisions pursuant to § 73.55(p)(1)(i) and (ii) without having to maintain a staff of licensed senior operators at a nuclear power reactor that has permanently ceased operations and permanently removed fuel from the reactor vessel. The exemption would also allow the licensee to have an established procedure in place to allow a trained CFH to suspend security measures in the event of an emergency or severe weather after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted. Second, the consistent and efficient regulation of nuclear power plants serves the public interest. This exemption would assure consistency between the regulations in § 73.55(p) and § 50.54(y), and the requirements concerning licensed operators in 10 CFR part 55. The NRC staff has determined that granting the licensee's proposed exemption would allow the licensee to designate a CFH, with qualifications appropriate for a permanently shutdown and defueled reactor, to approve the suspension of security measures during an emergency to protect the public health and safety, and during severe weather to protect the personal health and safety of the security force, consistent with the similar authority provided by § 50.54(y) after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted. For these reasons, the exemption is in the public interest.

    D. Environmental Considerations

    The NRC's approval of the requested exemption belongs to a category of actions that the Commission, by rule or regulation, has declared to be a categorical exclusion, after first finding that the category of actions does not individually or cumulatively have a significant effect on the human environment. Specifically, the NRC's approval of the requested exemption is categorically excluded from further environmental analysis under § 51.22(c)(25).

    Under § 51.22(c)(25), the granting of an exemption from the requirements of any regulation of Chapter I to 10 CFR is a categorical exclusion provided that: (i) There is no significant hazards consideration; (ii) there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite; (iii) there is no significant increase in individual or cumulative public or occupational radiation exposure; (iv) there is no significant construction impact; (v) there is no significant increase in the potential for or consequences from radiological accidents; and (vi) the requirements from which an exemption is sought involve: Safeguard plans, and materials control and accounting inventory scheduling requirements; or involve other requirements of an administrative, managerial, or organizational nature.

    The NRC staff has determined that the approval of the requested exemption involves no significant hazards consideration because allowing a CFH, in addition to a licensed senior operator, to approve the security suspension at a permanently shutdown and defueled power plant does not (1) involve a significant increase in the probability or consequences of an accident previously evaluated; or (2) create the possibility of a new or different kind of accident from any accident previously evaluated; or (3) involve a significant reduction in a margin of safety. The requested exemption is unrelated to any operational restriction. Accordingly, there is no significant change in the types or significant increase in the amounts of any effluents that may be released offsite and no significant increase in individual or cumulative public or occupational radiation exposure. The requested exemption is not associated with construction, so there is no significant construction impact. The requested exemption does not concern the source term (i.e., potential amount of radiation in an accident), nor mitigation. Thus, there is no significant increase in the potential for, or consequences from, radiological accidents. Finally, the requirement to have a licensed senior operator approve suspensions of security measures from which the exemption is sought involves either safeguards, materials control, or managerial/organizational matters.

    Therefore, pursuant to § 51.22(b) and (c)(25), no environmental impact statement or environmental assessment need be prepared in connection with the approval of this exemption request.

    IV. Conclusions

    Accordingly, the Commission has determined that, pursuant to § 73.5, the exemption is authorized by law and will not endanger life or property or the common defense and security, and is otherwise in the public interest. Therefore, the Commission hereby grants the licensee's request for an exemption from the requirements of § 73.55(p)(1)(i) and (ii), to authorize, after the certifications required by § 50.82(a)(1)(i) and (ii) have been submitted, that the suspension of security measures for Palisades during certain emergency conditions or during severe weather must be approved as a minimum by either a licensed senior operator or a CFH before taking this action.

    The exemption is effective upon receipt.

    Dated at Rockville, Maryland, on October 11, 2017.

    For the Nuclear Regulatory Commission.

    Kathryn M. Brock, Deputy Director, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    [FR Doc. 2017-22372 Filed 10-16-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0001] Sunshine Act Meeting Notice DATE:

    Weeks of October 16, 23, 30, November 6, 13, 20, 2017.

    PLACE:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    STATUS:

    Public and Closed.

    Week of October 16, 2017 Monday, October 16, 2017 10:30 a.m. Affirmation Session (Public Meeting) (Tentative) Final Rule: Modified Small Quantities Protocol (RIN 3150-AJ70; NRC-2015-0263) (Tentative) ADDITIONAL INFORMATION

    By a vote of 3-0 on October 10 and 11, 2017, the Commission determined pursuant to U.S.C. 552b(e) and § 9.107(a) of the Commission's rules that the above referenced Affirmation Session be held with less than one week notice to the public. The meeting is scheduled on October 16, 2017

    Week of October 23, 2017—Tentative Tuesday, October 24, 2017 10:00 a.m. Strategic Programmatic Overview of the Operating Reactors Business Line (Public) (Contact: Trent Wertz: 301-415-1568)

    This meeting will be webcast live at the Web address—http://www.nrc.gov/.

    Week of October 30, 2017—Tentative

    There are no meetings scheduled for the week of October 30, 2017.

    Week of November 6, 2017—Tentative

    There are no meetings scheduled for the week of November 6, 2017.

    Week of November 13, 2017—Tentative

    There are no meetings scheduled for the week of November 13, 2017.

    Week of November 20, 2017—Tentative

    There are no meetings scheduled for the week of November 20, 2017.

    The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at [email protected]

    The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.

    The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Kimberly Meyer, NRC Disability Program Manager, at 301-287-0739, by videophone at 240-428-3217, or by email at [email protected] Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email [email protected] or [email protected]

    Dated: October 13, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2017-22555 Filed 10-13-17; 11:15 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2016-0263] Information Collection: Material Control and Accounting of Special Nuclear Material AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “Material Control and Accounting of Special Nuclear Material.”

    DATES:

    Submit comments by December 18, 2017.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Aaron Szabo, Desk Officer, Office of Information and Regulatory Affairs (OMB approval number 3150-0123), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-3621, email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2016-0263 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2016-0263.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The supporting statement and burden spreadsheet for “Material Control and Accounting of Special Nuclear Material,” is available in ADAMS under Accession Nos. ML17249A549 and ML17249A580, respectively.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting NRC's Clearance Officer, David Cullison, Office of the Chief Information Office, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “Material Control and Accounting of Special Nuclear Material.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on June 21, 2017 (82 FR 28361).

    1. The title of the information collection: 10 CFR part 74, “Material Control and Accounting of Special Nuclear Material.”

    2. OMB approval number: 3150-0123.

    3. Type of submission: Extension.

    4. The form number, if applicable: Not applicable.

    5. How often the collection is required or requested: Submission of fundamental material control plans is a one-time requirement which has been completed by all current licensees as required. However, licensees may submit amendments or revisions to the plans as necessary. Reports are submitted as events occur.

    6. Who will be required or asked to respond: Persons licensed under part 70 of title 10 of the Code of Federal Regulations (10 CFR), who possess and use certain forms and quantities of special nuclear material (SNM).

    7. The estimated number of annual responses: 173 (17 reporting responses + 156 recordkeepers).

    8. The estimated number of annual respondents: 156.

    9. The estimated number of hours needed annually to comply with the information collection requirement or request: 8,869 (669 hours reporting + 8,200 hours recordkeeping).

    10. Abstract: Part 74 establishes requirements for material control and accounting of SNM, and specific performance-based regulations for licensees authorized to possess, use, and produce strategic SNM, and SNM of moderate strategic significance and low strategic significance. The information is used by the NRC to make licensing and regulatory determinations concerning material accounting of SNM and to satisfy obligations of the United States to the International Atomic Energy Agency. Submission or retention of the information is mandatory for persons subject to the requirements.

    Dated at Rockville, Maryland, this 12th day of October 2017.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-22486 Filed 10-16-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0133] Information Collection: Nondiscrimination in Federally Assisted Commission Programs AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “Nondiscrimination in Federally Assisted Commission Programs.”

    DATES:

    Submit comments by November 17, 2017.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Aaron Szabo, Desk Officer, Office of Information and Regulatory Affairs (NRC-2017-0133), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-3621, email: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2017-0133 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0133.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] A copy of the collection of information and related instructions may be obtained without charge by accessing ADAMS Accession Nos. ML17215A811 and ML17215A813, respectively. The supporting statement and Cumulative Occupational Exposure History is available in ADAMS under Accession No. ML17215A807.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, and Rockville, Maryland 20852.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected]

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “10 CFR part 4, Nondiscrimination in Federally Assisted Commission Programs.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on June 14, 2017, (82 FR 27291).

    1. The title of the information collection: “Nondiscrimination in Federally Assisted Commission Programs.

    2. OMB approval number: 3150-0053.

    3. Type of submission: Extension.

    4. The form number if applicable: NRC Form 781 and 782.

    5. How often the collection is required or requested: Provisions for this collection are covered in § 4.331 of title 10 of the Code of Federal Regulations (10 CFR) Compliance Reviews, which indicates that the NRC may conduct compliance reviews and Pre-Award reviews of recipients or use other similar procedures that will permit it to investigate and correct violations of the act and these regulations. The NRC may conduct these reviews even in absence of a complaint against a recipient. The reviews may be as comprehensive as necessary to determine whether a violation of these regulations has occurred.

    6. Who will be required or asked to respond: Recipients of Federal Financial Assistance provided by the NRC (including Educational Institutions, Other Nonprofit Organizations receiving Federal Assistance, and Agreement States).

    7. The estimated number of annual responses: 600.

    8. The estimated number of annual respondents: 200.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 3,600 (3,000 hrs. for reporting (5 hrs. per respondent) and 600 hrs. for recordkeeping (3 hrs. per record keeper).

    10. Abstract: The regulations under 10 CFR part 4 implement the provisions of the Title VI of the Civil Rights of 1964, Public Law 88-352; (78 Stat. 241; 42 U.S.C. 2000a note), Title IV of the Energy Reorganization Act of 1974, Public Law 93-438, (88 stat. 1233; 42 U.S.C. 580 note), which relate to nondiscrimination with respect to race, color, national origin or sex in any program or activity receiving Federal Financial assistance from NRC; Section 504 or the Rehabilitation Act of 1973, as amended, Public Law 93-112 (87 Stat. 355; 29 U.S.C. 701 note), Public Law 95-602 (92 Stat. 2955; 29 U.S.C. 701 note, which relates to nondiscrimination with respect to disability in any program or activity receiving Federal financial assistance; and the Age Discrimination Act of 1975, as amended, Public Law 94-135 (89 Stat. 713; 42 U.S.C. 3001 note), Public Law 95-478 (92 Stat. 1513; 42 U.S.C. 3001 note), which relates to nondiscrimination on the basis of age in any program or activity receiving Federal financial assistance.

    Dated at Rockville, Maryland, this 12th day of October 2017.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-22448 Filed 10-16-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2011-0012] RIN 3150-AI92 Low-Level Radioactive Waste Disposal AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Regulatory analysis; request for comment and public meeting.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is requesting comment on the draft regulatory analysis, “Draft Regulatory Analysis for Final Rule: Low-Level Radioactive Waste Disposal,” and seeking specific cost and benefit information to better inform the updated draft regulatory analysis.

    DATES:

    Submit comments by November 16, 2017. Comments received after this date will be considered if it is practical to do so, but the NRC is able to assure consideration only for comments received on or before this date.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0012. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Email comments to: [email protected] If you do not receive an automatic email reply confirming receipt, then contact us at 301-415-1677.

    Fax comments to: Secretary, U.S. Nuclear Regulatory Commission at 301-415-1101.

    Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, ATTN: Rulemakings and Adjudications Staff.

    Hand deliver comments to: 11555 Rockville Pike, Rockville, Maryland 20852, between 7:30 a.m. and 4:15 p.m. (Eastern Time) Federal workdays; telephone: 301-415-1677.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Gregory Trussell, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6445; email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2011-0012 when contacting the NRC about the availability of information for this action. You may obtain publicly-available information related to this action by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2011-0012.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS Accession Number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY INFORMATION section.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2011-0012 in your submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov and enters the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    The NRC's licensing requirements for the disposal of commercial low-level radioactive waste (LLRW) in near-surface disposal facilities can be found in part 61 of title 10 of the Code of Federal Regulations (10 CFR), “Licensing Requirements for Land Disposal of Radioactive Waste.” The NRC originally adopted 10 CFR part 61 on December 27, 1982 (47 FR 57446). The existing LLRW disposal facilities are located in and licensed by Agreement States, and those Agreement States have incorporated many of the requirements in 10 CFR part 61 into their corresponding regulations and as license conditions for their licensees.

    On March 26, 2015, the NRC published a proposed rule, “Low-level Radioactive Waste Disposal,” for an initial 120-day comment period in the Federal Register (80 FR 16082). The 2015 proposed rule would have implemented changes to require new and revised site specific technical analyses and other requirements that would have permitted the development of site-specific waste acceptance criteria (WAC) based on the results of these analyses. In the 2015 proposed rule, the NRC explained that the changes would better align the requirements with current health and safety standards (i.e., 10 CFR part 20) and identify any additional measures that would be prudent to implement for continued disposal of radioactive LLRW at a particular land disposal facility. In summary, the 2015 proposed rule would have specified requirements for:

    • Technical analyses for demonstrating compliance with the public dose limits;

    • Technical analyses for demonstrating compliance with dose limits for protection of inadvertent intruders;

    • Identification and description of defense-in-depth protections that, taken together with the technical analyses, constitute the safety case;

    • Development of site-specific WAC; and

    • Implementation of current dosimetry in the technical analyses.

    As a result of the comments received on the proposed rule, the NRC staff drafted a final rule package for Commission review, “SECY-16-0106, FINAL RULE: Low-Level Radioactive Waste Disposal (10 CFR part 61) (RIN 3150-AI92),” dated September 15, 2016. The draft final rule package is available for review under ADAMS Accession No. ML16188A290 and includes a draft Federal Register notice (ADAMS Accession No. ML16188A371) and a draft final regulatory analysis (ADAMS Accession No. ML16189A050).

    In response to SECY-16-0106, the Commission issued a staff requirements memorandum (SRM), SRM-SECY-16-0106 (ADAMS Accession No. ML17251B147), dated September 8, 2017, which directed the NRC staff to publish a supplemental proposed rule for public comment that is revised to include Commission-directed rule changes. The Commission directed changes that are pertinent to this public comment request are stated in table 1.

    Table 1—Rule Changes Draft final rule SRM direction Compliance period of:
  • • 1,000 years or
  • • 10,000 years (if significant quantities of long-lived radionuclides are present)
  • Compliance period of 1,000 years, independent of radionuclide content.
    New requirements applicable to all currently operating and future LLRW disposal facilities • New requirements applicable to all future LLRW disposal facilities.
  • • The regulator may use a case-by-case basis (i.e., “grandfather provision”) for applying new requirements to only those sites that plan to accept large quantities of depleted uranium for disposal.
  • III. Discussion

    In addition to specified rule language changes, the Commission, in SRM-SECY-16-0106, also directed the NRC staff to “be informed by broader and more fully integrated, but reasonably foreseeable costs and benefits to the U.S. waste disposal system resulting from the proposed rule changes, including pass-through costs to waste generators and processors.” To support development of the new supplemental proposed rule as directed by the Commission in SRM-SECY-16-0106, the NRC staff is seeking comment on how to improve the approach/methodology and actual cost data currently used in the draft final rule regulatory analysis to provide more accurate cost and benefit data in the final regulatory analysis. In particular, the NRC is seeking information on any cost changes that should be incorporated into the regulatory analysis in light of the Commission's changes to the draft final rule identified in table 1.

    All comments provided will be considered in improving the regulatory analysis to ensure that it is sufficiently informed by broader and more fully integrated, but reasonably foreseeable, costs and benefits to the U.S. waste disposal system; however, the NRC staff does not plan to provide responses to these comments. In addition, the NRC staff is requesting that comments be limited to focus on the regulatory analysis itself—the NRC plans to issue a separate notice and comment period on the changes being proposed in the supplemental proposed rule in 2018. At that time, members of the public will also be provided another opportunity to provide comments on the revised regulatory analysis, which will be updated based on comments from this action.

    During the comment period for this action, the NRC will conduct a public meeting at the NRC's Headquarters that will explain the cost and benefit information it is seeking in this notice and to address questions. Information regarding the public meeting is posted on the NRC's public meeting Web site. The NRC's public meeting Web site is located at https://www.nrc.gov/public-involve.html.

    The NRC has also posted the meeting notice on the Federal rulemaking Web site at http://www.regulations.gov under Docket ID NRC-2011-0012. The NRC will post additional materials related to this document, including any public comments received, on the Federal rulemaking Web site. The Federal rulemaking Web site allows you to receive alerts when changes or additions occur in a docket folder. To subscribe: (1) Navigate to the docket folder (NRC-2011-0012); (2) click the “Sign up for Email Alerts” link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly).

    IV. Requested Information and Comments

    This section provides specific questions associated with the draft regulatory analysis (ADAMS Accession No. ML16189A050). These questions will also be discussed at the public meeting. The NRC staff will consider the responses to these questions as it revises the regulatory analysis.

    Question 1: Is the NRC considering appropriate alternatives for the regulatory action described in the draft regulatory analysis?

    Question 2: Are there additional factors that the NRC should consider in the regulatory action? What are these factors?

    Question 3: Is there additional information concerning regulatory impacts that the NRC should include in its regulatory analysis for this rulemaking?

    Question 4: Are all costs and benefits properly addressed to determine the economic impact of the rulemaking alternatives? What cost differences would be expected from moving from the discussed 1,000 year and 10,000 year compliance periods to a single 1,000 year compliance period? Are there any unintended consequences of making this revision?

    Question 5: Are there any costs that should be assigned to those sites not planning to accept large quantities of depleted uranium for disposal in the future?

    Question 6: Is NRC's assumption that only two existing LLRW sites (i.e., EnergySolutions' Clive Utah disposal facility and Waste Control Specialists' Texas disposal facility) plan to accept large quantities of depleted uranium for disposal in the future reasonable?

    Question 7: What additional costs or cost savings, not already considered in the draft regulatory analysis, will the supplemental proposed rulemaking or alternatives cause to society, industry, and government? What are the potential transfer (“pass-through”) costs to the waste generators and processors?

    V. Availability of Documents

    The documents identified in the following table are available to interested persons through one or more of the following methods, as indicated.

    Document ADAMS
  • Accession No./
  • Federal
  • Register
  • Citation
  • December 27, 1982 10 CFR part 61 Statement of Considerations 47 FR 57446 March 26, 2015, 10 CFR part 61 proposed rule 80 FR 16081 SECY-16-0106, FINAL RULE: Low-Level Radioactive Waste Disposal (10 CFR part 61) (RIN 3150-AI92) ML16188A290 SECY-16-0106 draft Federal Register notice ML16188A371 SECY-16-0106 draft regulatory analysis ML16189A050 SRM-SECY-0106 ML17251B147
    Dated at Rockville, Maryland, this 12th day of October 2017.

    For the Nuclear Regulatory Commission.

    Daniel S. Collins, Director, Division of Material Safety, State, Tribal and Rulemaking Programs, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2017-22459 Filed 10-16-17; 8:45 am] BILLING CODE 7590-01-P
    POSTAL REGULATORY COMMISSION [Docket No. R2018-1; Order No. 4153] Market Dominant Price Adjustment AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recently-filed Postal Service notice of inflation-based rate adjustments affecting market dominant domestic and international products and services, along with numerous proposed classification changes. The adjustments and other changes are scheduled to take effect January 21, 2018. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: October 26, 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 and Overview II. Initial Administrative Actions III. Ordering Paragraphs I. Introduction and Overview

    On October 6, 2017, the Postal Service filed a notice of inflation-based rate adjustments affecting market dominant domestic and international products and services, along with related product description changes to the Mail Classification Schedule (MCS).1 The intended effective date is January 21, 2018. Notice at 2.

    1 Notice of Market Dominant Price Adjustment, October 6, 2017, at 3 (Notice).

    Contents of filing. The Postal Service's filing consists of the Notice, which the Postal Service represents addresses the data and information required under 39 CFR 3010.12; four attachments (Attachments A-D) to the Notice; and eight sets of workpapers filed as library references.

    Attachment A presents the proposed price and related product description changes to the MCS. Id. Attachment A. Attachments B and C address workshare discounts and related information and the price cap calculation. Notice, Attachments B and C, respectively. Attachment D is a copy of Governors' Resolution No. 16-18. Notice, Attachment D.

    Several library references present supporting financial documentation for the five classes of mail and for First-Class Mail International. Notice at 6 n.9. The First-Class Mail International library reference was filed under seal.2 Library Reference USPS-LR-R2018-1/6 documents modifications to the cost avoidance models for USPS Marketing Mail and Periodicals.3 The Postal Service states that these modifications reflect the elimination of Flats Sequencing System (FSS)-specific pricing in Docket No. R2017-1 and the proposed Domestic Mail Manual (DMM) changes related to 5-Digit pallets. Id. Library Reference USPS-LR-R2018-1/7 provides census data and volumes related to the Move Update assessment charge.4

    2See Notice of the United States Postal Service of Filing USPS-LR-R2018-1/NP1, October 6, 2017.

    3 Library Reference USPS-LR-R2018-1/6, October 6, 2017, Preface at 1.

    4 Library Reference USPS-LR-R2018-1/7, October 6, 2017, Preface at 1.

    Planned price adjustments. The Postal Service's planned percentage changes by class are, on average, as follows:

    Market dominant class Planned price
  • adjustment (%)
  • First-Class Mail 1.905 USPS Marketing Mail 1.908 Periodicals 1.924 Package Services 1.960 Special Services 1.986
    Notice at 6.

    Price adjustments for products within classes vary from the average. See, e.g., id. at 8 (Table 5 showing range for First-Class Mail products). Most of the planned adjustments entail increases to market dominant rates and fees; however, in a few instances, the Postal Service proposes no adjustment. See id. at 8, 27.

    Close out of Calendar Year (CY) 2017 promotions. The Postal Service states that the new prices reflect the close out of the CY 2017 promotions for First-Class Mail and USPS Marketing Mail. Id. at 29.

    Amendment to pallet preparation. The Postal Service proposes to amend the DMM to increase the preparation of USPS Marketing Mail and Periodicals Carrier Route bundles on 5-Digit Carrier Route pallets in non-FSS zones. Id. at 30. The Postal Service states that the billing determinants for USPS Marketing Mail and Periodicals have been adjusted to reflect this change. Id.

    Proposed product description changes. Stating that there are no substantive classification changes associated with its request, the Postal Service displays the new prices and related product description changes to the market dominant section of the MCS in Attachment A. Id. at 33.

    II. Initial Administrative Actions

    The Commission hereby provides public notice of the Postal Service's filing and pursuant to 39 CFR 3010.11 establishes Docket No. R2018-1 to consider the planned price adjustments in rates and fees for market dominant postal products and services, as well as the related classification changes, identified in the Postal Service's October 6, 2017 Notice. The Commission invites comments from interested persons on whether the Notice is consistent with 39 U.S.C. 3622 and the requirements of 39 CFR part 3010. Comments are due no later than October 26, 2017.

    The Commission has posted the public portions of the Postal Service's filing on its Web site at http://www.prc.gov. The Commission will post revisions to the filing (if any) or other documents the Postal Service submits in this docket on its Web site, along with related Commission documents, comments, or other submissions, unless such filings are the subject of an application for non-public treatment. The Commission's policy on access to documents filed under seal appears in 39 CFR part 3007.

    Pursuant to 39 U.S.C. 505, the Commission appoints Lee McFarland to represent the interests of the general public (Public Representative) in this proceeding.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. R2018-1 to consider planned price adjustments in rates and fees for market dominant postal products and services and related changes identified in the Postal Service's October 6, 2017 Notice.

    2. Comments on the planned price adjustments and related classification changes are due no later than October 26, 2017.

    3. Pursuant to 39 U.S.C. 505, Lee McFarland is appointed to serve as an officer of the Commission (Public Representative) to represent the interests of the general public in this proceeding.

    4. The Commission directs the Secretary of the Commission to arrange for prompt publication of this notice in the Federal Register.

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2017-22370 Filed 10-16-17; 8:45 am] BILLING CODE 7710-FW-P
    POSTAL REGULATORY COMMISSION [Docket No. CP2018-8; Order No. 4154] Competitive Price Adjustment AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing a recently filed Postal Service notice of rate adjustments affecting competitive domestic and international products and services. The adjustments are scheduled to take effect January 21, 2018. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: October 24, 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 and Overview II. Initial Administrative Actions III. Ordering Paragraphs I. Introduction and Overview

    On October 6, 2017, the Postal Service filed notice with the Commission concerning changes in rates of general applicability for competitive products.1 The Postal Service represents that, as required by 39 CFR 3015.2(b), the Notice includes an explanation and justification for the changes, the effective date, and a schedule of the changed rates. See Notice at 1. The changes are scheduled to take effect on January 21, 2018. Id.

    1 Notice of Changes in Rates of General Applicability for Competitive Products Established in Governors' Decision Nos. 16-8 and 16-10, October 6, 2017 (Notice). Pursuant to 39 U.S.C. 3632(b)(2), the Postal Service is obligated to publish the Governors' Decisions and record of proceedings in the Federal Register at least 30 days before the effective date of the new rates.

    Attached to the Notice are Governors' Decisions Nos. 16-10 and 16-8, which state the new prices are in accordance with 39 U.S.C. 3632 and 3633 and 39 CFR 3015.2.2 The Governors' Decisions provide an analysis of the competitive products' price changes intended to demonstrate that the changes comply with 39 U.S.C. 3633 and 39 CFR part 3015.3 The attachment to the Governors' Decisions sets forth the price changes and includes draft Mail Classification Schedule (MCS) language for competitive products of general applicability.

    2 Notice, Decision of the Governors of the United States Postal Service on Changes in Rates of General Applicability for Competitive Products (Governors' Decision No. 16-8), November 14, 2016 (Governors' Decision No. 16-8); Notice, Decision of the Governors of the United States Postal Service on Changes in Rates of General Applicability for Competitive Products (Governors' Decision No. 16-10), December 5, 2016 (Governors' Decision No. 16-10) (collectively, Governors' Decisions).

    3 Governors' Decision No. 16-8 at 1; Governors' Decision No. 16-10 at 1.

    The Governors' Decisions include two additional attachments:

    • A partially redacted table showing FY 2017 projected volumes, revenues, attributable costs, contribution, and cost coverage for each product, assuming implementation of the new prices on January 21, 2018.

    • A partially redacted table showing FY 2017 projected volumes, revenues, attributable costs, contribution, and cost coverage for each product, assuming a hypothetical implementation of the new prices on October 1, 2017.

    The Notice also includes an application for non-public treatment of the attributable costs, contribution, and cost coverage data in the unredacted version of the annex to the Governors' Decisions, as well as the supporting materials for the data.

    Planned price adjustments. The Governors' Decisions include an overview of the Postal Service's planned price changes, which is summarized in the table below.

    Table I-1—Proposed Price Changes Product name Average
  • price
  • increase
  • (percent)
  • Domestic Competitive Products Priority Mail Express 3.9 Retail 3.9 Commercial Base 3.7 Commercial Plus 3.7 Priority Mail 3.9 Retail 0.8 Commercial Base 6.2 Commercial Plus 6.1 Parcel Select Traditional 4.9 Lightweight 7.0 Parcel Return Service 4.9 Return Sectional Center Facility 5.2 Return Delivery Unit 4.6 First-Class Package Service Commercial 3.9 Retail 14.5 Retail Ground 3.9 Domestic Extra Services Premium Forwarding Service Enrollment Fee 3.9 Adult Signature Service Basic 3.4 Person-Specific 3.3 Competitive Post Office Box 6.5 Package Intercept Service 3.9 International Competitive Products Global Express Guaranteed 3.9 Priority Mail Express International 3.9 Priority Mail International 3.9 International Priority Airmail 3.9 International Priority Airmail M-Bags 3.9 International Surface Air Lift 3.9 International Surface Air Lift M-Bags 3.9 Airmail M-Bags 3.9 First-Class Package International Service 3.9 International Ancillary Services and Special Services International Ancillary Services 3.9 Source: See Governors' Decision No. 16-8 at 2-5; Governors' Decision No. 16-10 at 1; Mail Classification Schedule sections 2105.6, 2110.6, 2115.6, 2125.6, 2135.6, 2305.6, 2315.6, 2335.6, and 2510.9.6.
    II. Initial Administrative Actions

    The Commission establishes Docket No. CP2018-8 to consider the Postal Service's Notice. Interested persons may express views and offer comments on whether the planned changes are consistent with 39 U.S.C. 3632, 3633, and 3642, 39 CFR part 3015, and 39 CFR 3020 subparts B and E. Comments are due no later than October 24, 2017. For specific details of the planned price changes, interested persons are encouraged to review the Notice, which is available on the Commission's Web site, www.prc.gov.

    Pursuant to 39 U.S.C. 505, Curtis E. Kidd is appointed to serve as Public Representative to represent the interests of the general public in this docket.

    III. Ordering Paragraphs

    It is ordered:

    1. The Commission establishes Docket No. CP2018-8 to provide interested persons an opportunity to express views and offer comments on whether the planned changes are consistent with 39 U.S.C. 3632, 3633, and 3642, 39 CFR part 3015, and 39 CFR 3020 subparts B and E.

    2. Comments are due no later than October 24, 2017.

    3. The Commission appoints Curtis E. Kidd to serve as Public Representative to represent the interests of the general public in this proceeding.

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

    By the Commission.

    Stacy L. Ruble, Secretary.
    [FR Doc. 2017-22373 Filed 10-16-17; 8:45 am] BILLING CODE 7710-FW-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81854; File No. SR-DTC-2017-019] Self-Regulatory Organizations; The Depository Trust Company; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Eliminate a Surcharge for Eligibility Requests Submitted to DTC Two Days Prior to Closing Date October 11, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on October 2, 2017, The Depository Trust Company (“DTC”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II and III below, which Items have been prepared by the clearing agency. DTC filed the proposed rule change pursuant to Section 19(b)(3)(A) of the Act 3 and Rule 19b-4(f)(2) thereunder.4 The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A).

    4 17 CFR 240.19b-4(f)(2).

    I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change

    The proposed rule change 5 would revise the DTC Fee Schedule (“Fee Schedule”) 6 to eliminate a fee charged to Participants that submit an eligibility request or required offering documents for a new issue (“Issue”) of Securities two business days prior to the Closing Date (“Two-Day Surcharge”), as discussed below.

    5 Each term not otherwise defined herein has its respective meaning as set forth in the Rules, By-Laws and Organization Certificate of DTC (the “Rules”), available at http://www.dtcc.com/legal/rules-and-procedures.aspx, and the DTC Operational Arrangements (Necessary for Securities to Become and Remain Eligible for DTC Services) (“OA”), available at http://www.dtcc.com/~/media/Files/Downloads/legal/issue-eligibility/eligibility/operational-arrangements.pdf.

    6Available at http://www.dtcc.com/~/media/Files/Downloads/legal/fee-guides/dtcfeeguide.pdf?la=en.

    II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the clearing agency included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The clearing agency has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    (A) Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose Background

    The proposed rule change would revise the Fee Schedule 7 to eliminate the Two-Day Surcharge, as discussed below.

    7Supra note 6.

    Participants 8 are required to provide an eligibility request for specified Securities to DTC by the submission of all required “Issuer” 9 and securities data and all required offering documents,10 at a minimum, through the online Securities Origination, Underwriting and Reliable Corporate Action Environment (“UW SOURCE”) system for the Security to be considered for full service eligibility at DTC.11 In addition to meeting other requirements as set forth in the OA,12 a Participant that seeks to make a new Issue eligible for Deposit at DTC must submit the eligibility request and offering documentation described above through UW SOURCE at least six business days prior to the Closing Date. If the Participant submits the eligibility request or the required offering documentation for a new Issue within two days or less prior to the Closing Date, it will be subject to fees, referred to in the Fee Schedule as surcharges (“Surcharges”), as outlined in the DTC Fee Schedule: (a) The Two-Day Surcharge is $2,000 per Issue (b) the Surcharge for submission of an eligibility request or the required offering documentation one day prior to the Closing Date is $5,000 per Issue (“One-Day Surcharge”), and (c) the Surcharge for submission of an eligibility request or required the offering documentation on the Closing Date is $10,000 per Issue (“Closing Date Surcharge”).13 The Surcharges are designed to cover costs to DTC of providing expedited processing of the eligibility request.

    8 Only (i) Participants and (ii) underwriters with an approved correspondent relationship with a Participant, may request DTC eligibility for a new security being offered and distributed. It is therefore incumbent on an Issuer to have a relationship with an underwriter or other financial institution that is a Participant or is directly associated with a Participant that is willing to sponsor the eligibility process for the Issuer's securities. See OA, supra note 5 at 1-2.

    9 “Issuer” is defined as an issuer of Securities deposited at DTC. See OA, supra note 5 at 1.

    10 The eligibility request must contain the (i) identity of the lead underwriter, (ii) CUSIP number(s), (iii) principal/share amount, as applicable per CUSIP, and interest rates and maturity dates, as applicable per CUSIP. The preliminary offering document must be submitted and (e.g., official statement, prospectus, offering memorandum) provide relevant information necessary for DTC to process the Issue (e.g., Issuer name, description of the Security, denominations, name of the trustee, paying agent, transfer agent, and if applicable, other features of the Security, such as an early redemption). See Exhibit B of OA, supra note 5.

    11See OA, supra note 5 at 1-2.

    12See Exhibit B of OA, supra note 5.

    13See Fee Schedule, supra note 6 at 28.

    Proposed Rule Change

    After reviewing its cost structure relating to eligibility processing, DTC has determined that due to the development of enhanced systemic and processing efficiencies over time, the Two-Day Surcharge is no longer necessary to be charged in order to cover the cost of processing an eligibility request for a new Issue submitted two days prior to Closing Date. Therefore, DTC proposes to eliminate the Two-Day Surcharge and revise the Fee Schedule accordingly. The Closing Date and One-Day Surcharges would remain unchanged and continue to be charged to Participants to offset costs associated with more manually intensive processing associated with the timely processing of eligibility requests submitted on or one day before Closing Date, as applicable.

    Effective Date of Proposed Rule Change

    The proposed rule change would be effective on October 2, 2017.

    2. Statutory Basis

    Section 17A(b)(3)(D) of the Act 14 requires, in part, that the Rules provide for the equitable allocation of reasonable dues, fees, and other charges among its participants. DTC believes that the proposed rule change provides for the equitable allocation of fees charged to Participants, because elimination of the Two-Day Surcharge would apply to all Participants. In addition, DTC believes that the proposed change is reasonable, because the Two-Day Surcharge is no longer necessary to balance DTC revenue with its costs associated with processing of the applicable eligibility requests, as discussed above. Therefore, DTC believes that the proposed rule change is consistent with the requirements of Section 17A(b)(3)(D) of the Act.15

    14 15 U.S.C. 78q-1(b)(3)(D).

    15Id.

    The proposed rule change is also designed to be consistent with Rule 17Ad-22(e)(23) of the Act.16 Rule 17Ad-22(e)(23) requires DTC, inter alia, to establish, implement, maintain and enforce written policies and procedures reasonably designed to provide sufficient information to enable participants to identify and evaluate the risks, fees, and other material costs they incur by participating in the covered clearing agency. The proposed rule change, as described above, would update the Fee Schedule to reflect the proposed elimination of the Two-Day Surcharge. As such, DTC believes that the proposed change would promote disclosure of relevant rules and material procedures and provide sufficient information to enable participants and other users of DTC's services to evaluate fees and other material costs of utilizing DTC's services, in accordance with the requirements of Rule 17Ad-22(e)(23), promulgated under the Act, cited above.

    16 17 CFR 240.17Ad-22(e)(23).

    (B) Clearing Agency's Statement on Burden on Competition

    DTC does not believe that the proposed rule change would have any impact on competition, because the Two-Day Surcharge is a minimal amount and its elimination should not have a material effect on (i) a determination by an underwriter on whether to submit an eligibility request for a new Issue or (ii) costs incurred by Participants in using DTC's eligibility services.

    (C) Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    DTC has not received or solicited any written comments relating to this proposal. DTC will notify the Commission of any written comments received by DTC.

    III. Date of Effectiveness of the Proposed Rule Change, and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A) of the Act 17 and paragraph (f) of Rule 19b-4 thereunder.18 At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    17 15 U.S.C. 78s(b)(3)(A).

    18 17 CFR 240.19b-4(f).

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Submissions

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected]. Please include File Number SR-DTC-2017-019 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-DTC-2017-019. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549-1090 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of DTC and on DTCC's Web site (http://dtcc.com/legal/sec-rule-filings.aspx). All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-DTC-2017-019 and should be submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.19

    19 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22391 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81848; File No. SR-NYSEArca-2017-88] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule Change To List and Trade the Shares of the U.S. Equity Cumulative Dividends Fund—Series 2027 and the U.S. Equity Ex-Dividend Fund—Series 2027 Under NYSE Arca Equities Rule 8.200, Commentary .02 October 11, 2017.

    On August 8, 2017, NYSE Arca, Inc. filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to list and trade shares of the U.S. Equity Cumulative Dividends Fund—Series 2027 and the U.S. Equity Ex-Dividend Fund—Series 2027 under NYSE Arca Equities Rule 8.200, Commentary .02. The proposed rule change was published for comment in the Federal Register on August 28, 2017.3 The Commission has received no comment letters on the proposed rule change.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 81453 (August 22, 2017), 82 FR 40816.

    Section 19(b)(2) of the Act 4 provides that, within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day after publication of the notice for this proposed rule change is October 12, 2017. The Commission is extending this 45-day time period. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change.

    4 15 U.S.C. 78s(b)(2).

    Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,5 designates November 26, 2017 as the date by which the Commission shall either approve or disapprove or institute proceedings to determine whether to disapprove the proposed rule change (File Number SR-NYSEArca-2017-88).

    5Id.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(31).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22386 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81849; File No. SR-BatsBYX-2017-19; SR-BatsBZX-2017-55; SR-BatsEDGA-2017-22; SR-BatsEDGX-2017-35] Self-Regulatory Organizations; Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; Order Granting Approval of Proposed Rule Changes, as Modified by Amendments No. 1, To Harmonize the Corporate Governance Framework of Each Exchange With That of Chicago Board Options Exchange, Incorporated and C2 Options Exchange, Incorporated October 11, 2017. I. Introduction

    On August 23, 2017, each of Bats BYX Exchange, Inc. (“BYX”), Bats BZX Exchange, Inc. (“BZX”), Bats EDGA Exchange, Inc. (“EDGA”), and Bats EDGX Exchange, Inc. (“EDGX”) (each, an “Exchange” and collectively, “Exchanges”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to align its corporate governance framework to the structure of other U.S. securities exchanges owned by its ultimate parent company, CBOE Holdings, Inc. (“CBOE Holdings”). On August 25, 2017, each of BYX, BZX, EDGA, and EDGX filed Amendment No. 1 to its respective proposed rule change. The proposed rule changes, as modified by Amendments No. 1, were published for comment in the Federal Register on September 6, 2017.3 The Commission received no comments on the proposed rule changes. This order grants approval of the proposed rule changes, each as modified by its respective Amendment No. 1.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release Nos. 81498 (August 30, 2017), 82 FR 42127 (September 6, 2017) (“BYX Notice”); 81497 (August 30, 2017), 82 FR 42181 (September 6, 2017) (“BZX Notice”); 81496 (August 30, 2017), 82 FR 42206 (September 6, 2017) (“EDGA Notice”); and 81503 (August 30, 2017), 82 FR 42153 (September 6, 2017) (“EDGX Notice,” and together with the BYX Notice, BZX Notice, and EDGA Notice, “Notices”).

    II. Background

    On December 16, 2016, the Commission approved proposed rule changes relating to a corporate transaction (“Transaction”) in which CBOE Holdings became the ultimate parent of BYX, BZX, EDGA, and EDGX.4 CBOE Holdings is also the parent of Chicago Board Options Exchange, Incorporated (“CBOE”) and C2 Options Exchange, Incorporated (“C2”). In connection with the Transaction, each of BYX, BZX, EDGA, and EDGX proposes to amend and restate its certificate of incorporation and bylaws 5 to conform to the certificates of incorporation and bylaws of CBOE and C2.6 In addition, each Exchange proposes to amend its rules to reflect the Proposed Bylaws, as well as to address regulatory revenues in the rules (rather than the bylaws), similar to the treatment of this provision by CBOE.7

    4See Securities Exchange Act Release No. 79585 (December 16, 2016), 81 FR 93988 (December 22, 2016) (SR-BatsBZX-2016-68; SR-BatsBYX-2016-29; SR-BatsEDGA-2016-24; SR-BatsEDGX-2016-60) (“Transaction Order”).

    5See BYX Notice, 82 FR at 42128; BZX Notice, 82 FR at 42181-82; EDGA Notice, 82 FR at 42206-07; EDGX Notice, 82 FR at 42154. Specifically, BYX proposes to replace the certificate of incorporation of BYX (“BYX Current Certificate”) in its entirety with the Amended and Restated Certificate of Incorporation of BYX (“BYX Proposed Certificate”) and to replace the Fifth Amended and Restated Bylaws of BYX (“BYX Current Bylaws”) in its entirety with the Sixth Amended and Restated Bylaws of BYX (“BYX Proposed Bylaws”). See BYX Notice, 82 FR at 42128. BZX proposes to replace the certificate of incorporation of BZX (“BZX Current Certificate”) in its entirety with the Amended and Restated Certificate of Incorporation of BZX (“BZX Proposed Certificate”) and to replace the Fifth Amended and Restated Bylaws of BZX (“BZX Current Bylaws”) in its entirety with the Sixth Amended and Restated Bylaws of BZX (“BZX Proposed Bylaws”). See BZX Notice, 82 FR at 42181. EDGA proposes to replace the certificate of incorporation of EDGA (“EDGA Current Certificate”) in its entirety with the Second Amended and Restated Certificate of Incorporation of EDGA (“EDGA Proposed Certificate”) and to replace the Sixth Amended and Restated Bylaws of EDGA (“EDGA Current Bylaws”) in its entirety with the Seventh Amended and Restated Bylaws of EDGA (“EDGA Proposed Bylaws”). See EDGA Notice, 82 FR at 42207. EDGX proposes to replace the certificate of incorporation of EDGX (“EDGX Current Certificate,” and together with the BYX Current Certificate, BZX Current Certificate, and EDGA Current Certificate, “Current Certificates”) in its entirety with the Second Amended and Restated Certificate of Incorporation of EDGX (“EDGX Proposed Certificate,” and together with the BYX Proposed Certificate, BZX Proposed Certificate, and EDGA Proposed Certificate, “Proposed Certificates”) and to replace the Sixth Amended and Restated Bylaws of EDGX (“EDGX Current Bylaws” and together with the BYX Current Bylaws, BZX Current Bylaws, and EDGA Current Bylaws, “Current Bylaws”) in its entirety with the Seventh Amended and Restated Bylaws of EDGX (“EDGX Proposed Bylaws,” and together with the BYX Proposed Bylaws, BZX Proposed Bylaws, and EDGA Proposed Bylaws, “Proposed Bylaws”). See EDGX Notice, 82 FR at 42154.

    6 The current certificates of incorporation of CBOE and C2 are the Third Amended and Restated Certificate of Incorporation of CBOE and the Fourth Amended and Restated Certificate of C2, respectively (collectively, “CBOE Certificate”), and the Eighth Amended and Restated Bylaws of CBOE and the Eighth Amended and Restated Bylaws of C2, respectively (collectively, “CBOE Bylaws”). See Notices, supra note 3.

    7See BYX Notice, 82 FR at 42139; BZX Notice, 82 FR at 42192-93; EDGA Notice, 82 FR at 42218; EDGX Notice, 82 FR at 42165. For a further description of the proposed changes to the certificates of incorporation, bylaws, and rules of the Exchanges, see Notices, supra note 3.

    Each Exchange represents that its Proposed Certificate and Proposed Bylaws reflect the expectation that the Exchange will be operated with a governance structure similar to that of CBOE and C2.8 Each Exchange states that aligning its governance documents with the governance documents of CBOE and C2 will preserve governance continuity across each of CBOE Holdings' six U.S. securities exchanges.9 Each Exchange further states that it will continue to be so organized and have the capacity to be able to carry out the purposes of the Act and to comply, and to enforce compliance by its members and persons associated with its members, with the provisions of the Act, the rules and regulations thereunder, and the Exchange's rules, as required by Section 6(b)(1) of the Act.10

    8See BYX Notice, 82 FR at 42128; BZX Notice, 82 FR at 42182; EDGA Notice, 82 FR at 42207; EDGX Notice, 82 FR at 42154.

    9See BYX Notice, 82 FR at 42139; BZX Notice, 82 FR at 42193; EDGA Notice, 82 FR at 42218; EDGX Notice, 82 FR at 42165.

    10See BYX Notice, 82 FR at 42139; BZX Notice, 82 FR at 42193; EDGA Notice, 82 FR at 42218; EDGX Notice, 82 FR at 42165.

    III. Discussion and Commission Findings

    After careful review, the Commission finds that the proposed rule changes, as modified by Amendments No. 1, are consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange.11 In particular, the Commission finds that the proposed rule changes are consistent with Section 6(b)(1) of the Act,12 which requires a national securities exchange to be so organized and have the capacity to carry out the purposes of the Act and to comply, and to enforce compliance by its members and persons associated with its members, with the provisions of the Act. The Commission also finds that the proposed rule changes are consistent with Section 6(b)(3) of the Act,13 which requires that the rules of a national securities exchange assure a fair representation of its members in the selection of its directors and the administration of its affairs and provide that one or more directors shall be representative of issuers and investors and not be associated with a member of the exchange, broker, or dealer. The Commission further finds that the proposed rule changes are consistent with Section 6(b)(5) of the Act,14 which requires, among other things, that the rules of a national securities exchange be designed to prevent fraudulent and manipulative acts and practices, to promote just and equitable principles of trade, to foster cooperation and coordination with persons engaged in regulating, clearing, settling, and processing information with respect to, and facilitating transactions in, securities, to remove impediments to and perfect the mechanism of a free and open market and a national market system and, in general, to protect investors and the public interest.

    11 In approving these proposed rule changes, the Commission has considered the proposed rules' impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    12 15 U.S.C. 78f(b)(1).

    13 15 U.S.C. 78f(b)(3).

    14 15 U.S.C. 78f(b)(5).

    The Commission notes that the Proposed Certificates and Proposed Bylaws are substantially similar to the CBOE Certificate and CBOE Bylaws, with limited exceptions as discussed below. The Commission further notes that it received no comments on the proposed rule changes.

    A. Ownership

    BYX's and BZX's Proposed Certificates each specify that Bats Global Markets Holdings, Inc. (“Bats Global Markets Holdings”) will be the sole owner of the common stock of the Exchange and that any sale, transfer, or assignment by Bats Global Markets Holdings of any shares of common stock of the Exchange will be subject to prior approval by the Commission pursuant to a rule filing.15 EDGA's and EDGX's Proposed Certificates each include a similar provision reflecting Direct Edge LLC (“Direct Edge”) as sole owner of the common stock of the Exchange and prohibiting any sale, transfer, or assignment by Direct Edge of the Exchange's common stock without prior approval by the Commission pursuant to a rule filing.16

    15See BYX Proposed Certificate, Article Fourth; BZX Proposed Certificate, Article Fourth.

    16See EDGA Proposed Certificate, Article Fourth; EDGX Proposed Certificate, Article Fourth. Bats Global Markets Holdings and Direct Edge are each wholly-owned subsidiaries of CBOE V, LLC (“CBOE V”) and CBOE V is a wholly-owned subsidiary of CBOE Holdings. Any change in CBOE V's status as sole stockholder of Bats Global Markets Holdings or sole member of Direct Edge, or of CBOE Holdings' status a sole member of CBOE V, must be approved by the Commission pursuant to a rule filing. See Transaction Order, 81 FR at 93990.

    The Commission believes that specifying the sole owner of each Exchange as either Bats Global Markets Holdings or Direct Edge and the proposed restrictions on Bats Global Market Holdings and Direct Edge that prevent these entities from selling, transferring, or assigning their common stock in BYX and BZX, and EDGA and EDGX, respectively, without the Commission's approval, taken together with the voting restrictions and ownership limitations in the governing documents of CBOE Holdings and the restrictions on CBOE V previously approved by the Commission, are designed to minimize the potential that a person could improperly interfere with, or restrict the ability of, the Commission or the Exchanges to effectively carry out their regulatory oversight responsibilities under the Act.17 The Commission also notes that the restrictions on transfer of ownership interest in the Exchanges will be similar to those currently in place.18 In this regard, the Commission believes that the proposed rule changes are consistent with Section 6(b)(1) of the Act 19 in particular, which requires that an exchange be organized and have the capacity to be able to carry out the purposes of the Act and to comply, and to enforce compliance by its members and persons associated with its members, with the provisions of the Act, the rules and regulations thereunder, and the rules of the exchange.

    17See Transaction Order, 81 FR at 93989-91. In addition to the restrictions on CBOE Holdings and CBOE V discussed above, see supra note 16, CBOE Holdings' governing documents place restrictions on the ability to own and vote shares of the capital stock of CBOE Holdings. Specifically, unless the CBOE Holdings Board of Directors waives such restrictions for a permissible reason, no person, alone or together with its related persons: (1) Shall be entitled to vote or cause the voting of shares of stock of CBOE Holdings to the extent that such shares represent more than 20% of the then outstanding votes entitled to be cast; (2) shall be party to any agreement, plan, or other arrangement under circumstances that would result in the shares of CBOE Holdings stock not being voted, or the withholding of any related proxy, where the effect of such agreement, plan, or other arrangement would be to enable any person, alone or together with its related persons, to vote, possess the right to vote, or cause the voting of shares of stock of CBOE Holdings that would exceed 20% of the then outstanding votes entitled to be cast; or (3) shall be permitted to beneficially own directly or indirectly shares of stock of CBOE Holdings representing more than 20% of the shares then outstanding. See Transaction Order, 81 FR at 93989-90. See also Securities Exchange Act Release No. 62158 (May 24, 2010), 75 FR 30082, 30084-85 (May 28, 2010) (SR-CBOE-2008-88) (approving proposed rule change relating to demutualization of CBOE) (“CBOE Demutualization Order”).

    18See BYX Current Bylaws, Article IV, Section 7; BZX Current Bylaws, Article IV, Section 7; EDGA Current Bylaws, Article IV, Section 7; and EDGX Current Bylaws, Article IV, Section 7 (providing that stockholder may not transfer or assign, in whole or in part, its ownership interest).

    19 15 U.S.C. 78f(b)(1).

    B. Governance

    In connection with the proposal to adopt the Proposed Certificates and Proposed Bylaws, each Exchange is proposing to replace certain provisions pertaining to governance of the Exchange with related provisions that are based on provisions currently in the CBOE Certificate and CBOE Bylaws. For each Exchange, these changes include, among others, provisions governing: The composition of the Exchange's board of directors (“Board” and each member of the Board, a “Director”); the process for nominating, electing, removing, and filling vacancies of Directors; the Board committee structure; the authorization to create an Advisory Board; and the regulatory independence of the Exchange.20

    20See BYX Notice, 82 FR at 42128-39; BZX Notice, 82 FR at 42182-92; EDGA Notice, 82 FR at 42207-17; EDGX Notice, 82 FR at 42154-65.

    1. Board of Directors

    Under the Proposed Bylaws, each Exchange's Board will consist of at least five Directors. Each Exchange's Board will determine, by resolution, the total number of Directors and the number of Non-Industry Directors and Industry Directors, if any.21 The number of Non-Industry Directors will not constitute less than the number of Industry Directors, excluding the Chief Executive Officer from the calculation of Industry Directors for such purpose. At all times at least 20% of the Directors will be Representative Directors as nominated or otherwise selected through the Representative Director Nominating Body, and the Board will determine the number of Representative Directors that are Non-Industry Directors and Industry Directors, if any.22

    21 Under the Proposed Bylaws, an “Industry Director” is defined, subject to limited exclusions, as any director who (i) is an Exchange Member or otherwise subject to regulation by the Exchange; (ii) is a broker-dealer or an officer, director or employee of a broker-dealer or has been in any such capacity within the prior three years; (iii) is, or was within the prior three years, associated with an entity that is affiliated with a broker-dealer whose revenues account for a material portion of the consolidated revenues of the entities with which the broker-dealer is affiliated; (iv) has a material ownership interest in a broker-dealer and has investments in broker-dealers that account for a material portion of the director's net worth; (v) has a consulting or employment relationship with or has provided professional services to the Exchange or any of its affiliates or has had such a relationship or has provided such services within the prior three years; or (vi) provides, or has provided within the prior three years, professional or consulting services to a broker-dealer, or to an entity with a 50% or greater ownership interest in a broker-dealer whose revenues account for a material portion of the consolidated revenues of the entities with which the broker-dealer is affiliated, and the revenue from all such professional or consulting services accounts for a material portion of either the revenues received by the director or the revenues received by the director's firm or partnership. Under the Proposed Bylaws, a “Non-Industry Director” is defined as a person who is not an Industry Director. At all times, at least one Non-Industry Director will be a Non-Industry Director exclusive of the exceptions provided and will have no material business relationship with a broker or dealer or the Exchange or any of its affiliates. See BYX Proposed Bylaws, Article III, Section 3.1; BZX Proposed Bylaws, Article III, Section 3.1; EDGA Proposed Bylaws, Article III, Section 3.1; EDGX Proposed Bylaws, Article III, Section 3.1. “Exchange Member” will have the same meaning as the term “Member” in the rules of the Exchange. See BYX Proposed Bylaws, Article I, Section 1.1(f); BZX Proposed Bylaws, Article I, Section 1.1(f); EDGA Proposed Bylaws, Article I, Section 1.1(f); EDGX Proposed Bylaws, Article I, Section 1.1(f). The term “Member” means any registered broker or dealer that has been admitted to membership in the Exchange. See BYX Rule 1.5(n); BZX Rule 1.5(n); EDGA Rule 1.5(n); EDGX Rule 1.5(n).

    22See BYX Proposed Bylaws, Article III, Sections 3.1 and 3.2; BZX Proposed Bylaws, Article III, Sections 3.1 and 3.2; EDGA Proposed Bylaws, Article III, Sections 3.1 and 3.2; EDGX Proposed Bylaws, Article III, Sections 3.1 and 3.2. Under the Proposed Bylaws, a “Representative Director” is defined as a director recommended by the Representative Director Nominating Body. See BYX Proposed Bylaws, Article III, Section 3.2; BZX Proposed Bylaws, Article III, Section 3.2; EDGA Proposed Bylaws, Article III, Section 3.2; EDGX Proposed Bylaws, Article III, Section 3.2. The “Representative Director Nominating Body” is defined as either (i) the Industry-Director Subcommittee of the Nominating and Governance Committee if there are at least two Industry Directors on the Nominating and Governance Committee, or (ii) if the Nominating and Governance Committee has less than two Industry Directors, then the Representative Director Nominating Body shall mean the Exchange Member Subcommittee of the Advisory Board. See BYX Proposed Bylaws, Article I, Section 1.1(j); BZX Proposed Bylaws, Article I, Section 1.1(j); EDGA Proposed Bylaws, Article I, Section 1.1(j); EDGX Proposed Bylaws, Article I, Section 1.1(j). Each Exchange represents that if there are less than two Industry Directors on the Nominating and Governance Committee, it would institute an Advisory Board, if not already established. See BYX Notice, 82 FR at 42130 n. 15; BZX Notice, 82 FR at 42184 n. 15; EDGA Notice, 82 FR at 42209 n. 15; EDGX Notice, 82 FR at 42156 n. 15. For a description of the proposed “Advisory Board,” see infra notes 60-62 and accompanying text.

    Directors will serve one-year terms ending on the annual meeting following the meeting at which such Directors were elected or at such time as their successors are elected or appointed and qualified, except in the event of earlier death, resignation, disqualification, or removal.23 The Board will be the sole judge of whether an Industry Director or Non-Industry Director fails to maintain the requisite qualifications, in which event the Director will be terminated. A Representative Director may only be removed for cause by a vote of the stockholders.24 A vacancy on the Board may be filled by a vote of majority of the Directors then in office, or by the sole remaining Director, so long as the elected Director qualifies for the position. For vacancies of Representative Directors, the Representative Director Nominating Body will recommend an individual to be elected or provide a list of recommended individuals, and the position will be filled by the vote of a majority of the Directors.25

    23See BYX Proposed Bylaws, Article III, Section 3.1; BZX Proposed Bylaws, Article III, Section 3.1; EDGA Proposed Bylaws, Article III, Section 3.1; EDGX Proposed Bylaws, Article III, Section 3.1.

    24See BYX Proposed Bylaws, Article III, Section 3.4; BZX Proposed Bylaws, Article III, Section 3.4; EDGA Proposed Bylaws; Article III, Section 3.4; EDGX Proposed Bylaws, Article III, Section 3.4.

    25See BYX Proposed Bylaws, Article III, Section 3.5; BZX Proposed Bylaws, Article III, Section 3.5; EDGA Proposed Bylaws, Article III, Section 3.5; EDGX Proposed Bylaws, Article III, Section 3.5.

    The Representative Director Nominating Body will provide a mechanism for Exchange Members to provide input with respect to nominees for the Representative Directors. The Representative Director Nominating Body will issue a circular to Exchange Members identifying nominees selected by the Representative Director Nominating Body. Exchange Members may nominate alternative candidates for election to be Representative Directors by submitting a petition signed by individuals representing not less than 10% of the Exchange Members at the time, with a run-off election held if one or more valid petitions are received.26 In any run-off election, each Exchange Member will have one vote for each Representative Director position to be filled that year; provided, however, that no Exchange Member, either alone or together with its affiliates, may account for more than 20% of the votes cast for a candidate.27 Each Exchange's Nominating and Governance Committee will be bound to accept and nominate the Representative Director nominees recommended by the Representative Director Nominating Body or, in the case of a run-off election, the Representative Director nominees who receive the most votes.28 Subject to the specific provisions pertaining to nomination of Representative Directors and filling of vacancies, each Exchange's Nominating and Governance Committee will have the authority to nominate individuals for election as Directors.29

    26See BYX Proposed Bylaws, Article III, Section 3.2; BZX Proposed Bylaws, Article III, Section 3.2; EDGA Proposed Bylaws, Article III, Section 3.2; EDGX Proposed Bylaws, Article III, Section 3.2.

    27See BYX Proposed Bylaws, Article III, Section 3.2; BZX Proposed Bylaws, Article III, Section 3.2; EDGA Proposed Bylaws, Article III, Section 3.2; EDGX Proposed Bylaws, Article III, Section 3.2. The CBOE Bylaws provide that in any run-off election for Representative Directors, a holder of a trading permit will have one vote with respect to each trading permit held by such trading permit holder for each Representative Director position to be filled. See CBOE Bylaws, Article III, Section 3.2. The Exchanges note that because no “trading permit” or similar concept exists on the Exchanges, the Proposed Bylaws provide instead that each Exchange Member shall have one vote for each Representative Director position to be filled. See BYX Notice, 82 FR at 42131 n. 16; BZX Notice, 82 FR at 42184 n. 16; EDGA Notice, 82 FR at 42209 n. 16; EDGX Notice, 82 FR at 42157 n.16. The Exchanges state that they do not believe this deviation from the CBOE Bylaws is significant and note that other Exchanges have similar practices. See BYX Notice, 82 FR at 42131 n. 16; BZX Notice, 82 FR at 42184 n. 16; EDGA Notice, 82 FR at 42209 n. 16; and EDGX Notice, 82 FR at 42157 n. 16 (citing Amended and Restated Bylaws of Miami International Securities Exchange, LLC, Article II, Section 2.4(f)).

    28See BYX Proposed Bylaws, Article III, Section 3.1; BZX Proposed Bylaws, Article III, Section 3.1; EDGA Proposed Bylaws, Article III, Section 3.1; EDGX Proposed Bylaws, Article III, Section 3.1.

    29See BYX Proposed Bylaws, Article IV, Section 4.3; BZX Proposed Bylaws, Article IV, Section 4.3; EDGA Proposed Bylaws, Article IV, Section 4.3; EDGX Proposed Bylaws, Article IV, Section 4.3.

    The Commission believes that the proposed composition of each Exchange's Board satisfies the requirements in Section 6(b)(3) of the Act,30 which requires in part that one or more directors be representative of issuers and investors and not be associated with a member of the exchange, or with a broker or dealer.31 In particular, at least one Non-Industry Director would be a Non-Industry Director exclusive of any exceptions and would have no material business relationship with a broker or dealer or the Exchange or any of its affiliates. The Commission previously has stated that the inclusion of public, non-industry representatives on exchange oversight bodies is an important mechanism to support an exchange's ability to protect the public interest,32 and that they can help to ensure that no single group of market participants has the ability to systematically disadvantage others through the exchange governance process.33 As it has previously stated, the Commission believes that public directors can provide unique, unbiased perspectives, which should enhance the ability of each Exchange's Board to address issues in a non-discriminatory fashion and foster the integrity of the Exchange.34

    30 15 U.S.C. 78f(b)(3).

    31 The Commission also notes that it previously found the composition requirements for the Boards of Directors of CBOE and C2, upon which the proposed requirements are based, to be consistent with the Act. See CBOE Demutualization Order, 75 FR at 30087-88; Securities Exchange Act Release Nos. 80523 (April 25, 2017), 82 FR 20399, 20400 (May 1, 2017) (SR-CBOE-2017-017) (“CBOE 2017 Order”); 80522 (April 25, 2017), 82 FR 20409, 20410 (May 1, 2017) (SR-C2-2017-009) (“C2 2017 Order”); 68767 (January 30, 2013), 78 FR 8216, 8217 (February 5, 2013) (SR-C2-2012-039); 68766 (January 30, 2013), 78 FR 8203, 8204-05 (February 5, 2013) (SR-CBOE-2012-116); 65980 (December 15, 2011), 76 FR 79252, 79253-54 (December 21, 2011) (SR-CBOE-2011-099) (“CBOE December 2011 Order”); 65979 (December 15, 2011), 76 FR 79239, 79241 (December 21, 2011) (SR-C2-2011-031) (“C2 December 2011 Order”); 61152 (December 10, 2009), 74 FR 66699, 66700-02 (December 16, 2009) (File No. 10-191) (granting the exchange registration of C2) (“C2 Exchange Order”).

    32See, e.g., Securities Exchange Act Release No. 40760 (December 8, 1998), 63 FR 70844, 70882 (December 22, 1998) (File No. S7-12-98) (Regulation of Exchanges and Alternative Trading Systems).

    33See, e.g., Securities Exchange Act Release No. 68341 (December 3, 2012), 77 FR 73065, 73067 (December 7, 2012) (File No. 10-207) (granting the exchange registration of the Miami International Securities Exchange, LLC) (“MIAX Exchange Order”).

    34See, e.g., Securities Exchange Act Release Nos. 62716 (August 13, 2010), 75 FR 51295, 51298 (August 19, 2010) (File No. 10-198) (granting the exchange registration of BATS Y-Exchange, Inc.); 53382 (February 27, 2006), 71 FR 11251, 11261 (March 6, 2006) (SR-NYSE-2005-77) (approving the New York Stock Exchange Inc.'s business combination with Archipelago Holdings, Inc.); 53128 (January 13, 2006), 71 FR 3550, 3553 (January 23, 2006) (File No. 10-131) (granting the exchange registration of The Nasdaq Stock Market, LLC) (“Nasdaq Exchange Order”).

    The Commission also believes that the proposed requirement that at least 20% of the Directors be Representative Directors, and the means by which they will be chosen by Exchange Members, is consistent with Section 6(b)(3) of the Act,35 because it provides for the fair representation of members in the selection of directors and the administration of each Exchange. Section 6(b)(3) of the Act requires that “the rules of the exchange assure a fair representation of its members in the selection of its directors and administration of its affairs and provide that one or more directors shall be representative of issuers and investors and not be associated with a member of the exchange, broker, or dealer.” 36 As the Commission previously has noted, this statutory requirement helps to ensure that members of each Exchange have a voice in the Exchange's use of its self-regulatory authority, and that each Exchange is administered in a way that is equitable to all those who trade on its market or through its facilities.37

    35 15 U.S.C. 78f(b)(3).

    36Id.

    37See, e.g., Securities Exchange Act Release No. 81263 (July 31, 2017), 82 FR 36497, 36501 (SR-ISE-2017-32) (approving proposed rule change to harmonize corporate governance framework of Nasdaq ISE, LLC with that of other exchanges owned by Nasdaq, Inc.) (“ISE Order”); MIAX Exchange Order, 77 FR at 73067; Nasdaq Exchange Order, 71 FR at 3553.

    2. Exchange Committees

    Under the Proposed Bylaws, each Exchange will establish certain committees that consist solely of Directors. These Board committees will include an Executive Committee, a Regulatory Oversight Committee, a Nominating and Governance Committee, and such other standing and special committees as may be approved by the Board. In addition, each Exchange will have committees that are not comprised solely of Directors that may be provided for in the Exchange's bylaws or rules or created by the Board.38

    38See BYX Proposed Bylaws, Article IV, Section 4.1; BZX Proposed Bylaws, Article IV, Section 4.1; EDGA Proposed Bylaws, Article IV, Section 4.1; EDGX Proposed Bylaws, Article IV, Section 4.1.

    The Proposed Bylaws require that each Exchange maintain an Executive Committee.39 The Executive Committee will include the Chairman of the Board; the Chief Executive Officer, if a Director; the Lead Director,40 if any; at least one Representative Director; and such other number of Directors that the Board deems appropriate, provided that in no event shall the number of Non-Industry Directors constitute less than the number of Industry Directors, excluding the Chief Executive Officer from the calculation of Industry Directors for this purpose. Members of the Executive Committee, except for those specified above, will be recommended by the Nominating and Governance Committee for approval by the Board and committee members will not be subject to removal except by the Board. The Executive Committee will have and may exercise all the powers and authority of the Board in the management of the business and affairs of the Exchange, with limited exceptions.41

    39See BYX Notice, 82 FR at 42135; BZX Notice, 82 FR at 42188-89; EDGA Notice, 82 FR at 42214; EDGX Notice, 82 FR at 42161. See also BYX Proposed Bylaws, Article IV, Sections 4.1 and 4.2; BZX Proposed Bylaws, Article IV, Sections 4.1 and 4.2; EDGA Proposed Bylaws, Article IV, Sections 4.1 and 4.2; EDGX Proposed Bylaws, Article IV, Sections 4.1 and 4.2.

    40 Under the Proposed Bylaws, the Board of each Exchange may appoint one of the Non-Industry Directors to serve as the Lead Director and perform such duties and possess such powers as the Board prescribes. See BYX Proposed Bylaws, Article III, Section 3.7; BZX Proposed Bylaws, Article III, Section 3.7; EDGA Proposed Bylaws, Article III, Section 3.7; EDGX Proposed Bylaws, Article III, Section 3.7.

    41See BYX Proposed Bylaws, Article IV, Section 4.2; BZX Proposed Bylaws, Article IV, Section 4.2; EDGA Proposed Bylaws, Article IV, Section 4.2; EDGX Proposed Bylaws, Article IV, Section 4.2.

    Each Exchange proposes to eliminate its current Nominating and Member Nominating Committees and prescribe that their duties be performed by its newly formed Nominating and Governance Committee.42 The Nominating and Governance Committee will consist of at least five Directors, with a majority of Directors that are Non-Industry Directors. Members of the committee will be recommended by the Nominating and Governance Committee for approval by the Board and will not be subject to removal except by the Board. The Nominating and Governance Committee will have the authority to nominate individuals for election as Directors and have such other duties or exercise such other authority as may be prescribed by resolution of the Board. If the Nominating and Governance Committee has two or more Industry Directors, there shall be an Industry-Director Subcommittee consisting of all such Directors, which will act as the Representative Director Nominating Body.43

    42See BYX Notice, 82 FR at 42135; BZX Notice, 82 FR at 42189; EDGA Notice, 82 FR at 42214; EDGX Notice, 82 FR at 42161.

    43See BYX Proposed Bylaws, Article IV, Section 4.3; BZX Proposed Bylaws, Article IV, Section 4.3; EDGA Proposed Bylaws, Article IV, Section 4.3; EDGX Proposed Bylaws, Article IV, Section 4.3. See also supra note 22.

    Each Exchange proposes to modify the required composition, appointment procedures, and duties of its Regulatory Oversight Committee.44 Under the Proposed Bylaws, the Regulatory Oversight Committee of each Exchange will consist of at least three Directors, all of whom will be Non-Industry Directors. Members of the Regulatory Oversight Committee will be recommended by the Non-Industry Directors on the Nominating and Governance Committee for approval by the Board and will not be subject to removal except by the Board. The Regulatory Oversight Committee will have such duties and exercise such authority as may be prescribed by resolution of the Board, bylaws, or Exchange rules.45

    44See BYX Notice, 82 FR at 42134-35; BZX Notice, 82 FR at 42188; EDGA Notice, 82 FR at 42213; EDGX Notice, 82 FR at 42160-61.

    45See BYX Proposed Bylaws, Article IV, Section 4.4; BZX Proposed Bylaws, Article IV, Section 4.4; EDGA Proposed Bylaws, Article IV, Section 4.4; EDGX Proposed Bylaws, Article IV, Section 4.4. Unlike the Proposed Bylaws, the Current Bylaws explicitly delineate particular responsibilities of the Regulatory Oversight Committee. See BYX Current Bylaws, Article V, Section 6(c); BZX Current Bylaws, Article V, Section 6(c); EDGA Current Bylaws, Article V, Section 6(c); EDGX Current Bylaws, Article V, Section 6(c). The Exchanges state that, under the Proposed Bylaws, the Regulatory Oversight Committee will continue to have the duties and authority delineated in the Current Bylaws, with the exception that the Regulatory Oversight Committee will no longer consult the Chief Executive Officer with respect to establishing the goals, assessing the performance, and fixing compensation of the Chief Regulatory Officer. The Exchanges state that this change is consistent with the Exchanges' desire to maintain the independence of the regulatory functions of the Exchanges. See BYX Notice, 82 FR at 42135; BZX Notice, 82 FR at 42188; EDGA Notice, 82 FR at 42213; EDGX Notice, 82 FR at 42161. In addition, the Proposed Bylaws eliminate the requirement in the Current Bylaws that the Chief Regulatory Officer is a designated officer of the Exchange. See BYX Current Bylaws, Article VII, Section 9; BZX Current Bylaws, Article VII, Section 9; EDGA Current Bylaws, Article VII, Section 9; EDGX Current Bylaws, Article VII, Section 9. The Exchanges represent that notwithstanding the proposed elimination of this provision, the Exchange have no intention to eliminate the role of the Chief Regulatory Officer. See BYX Notice, 82 FR at 42137; BZX Notice, 82 FR at 42190; EDGA Notice, 82 FR at 42215-16; EDGX Notice, 82 FR at 42163.

    Each Exchange proposes to eliminate its Compensation Committee. The Exchanges explain that the responsibilities of their Compensation Committees largely are duplicative of those of the Compensation Committee of their parent company, CBOE Holdings, other than to the extent that the Exchange Compensation Committees recommend the compensation of executive officers whose compensation is not already determined by the CBOE Holdings Compensation Committee.46 The Exchanges represent that currently, each of the executive officers whose compensation would need to be determined by the Exchange-level Compensation Committee are officers of both the Exchange and CBOE Holdings, but should compensation need to be determined in the future for any Exchange officer who is not also a CBOE Holdings officer, the Exchange Board or senior management will perform such action without the use of a compensation committee, as provided for in Article V, Section 5.11 of the Proposed Bylaws.47

    46See BYX Notice, 82 FR at 42133; BZX Notice, 82 FR at 42187; EDGA Notice, 82 FR at 42212; EDGX Notice, 82 FR at 42159.

    47See BYX Notice, 82 FR at 42133; BZX Notice, 82 FR at 42187; EDGA Notice, 82 FR at 42212; EDGX Notice, 82 FR at 42159.

    Each Exchange also proposes to eliminate its Audit Committee because the Audit Committees' functions are duplicative of the functions of the Audit Committee of CBOE Holdings. The Exchanges state that CBOE Holdings' Audit Committee is composed of at least three CBOE Holdings Directors, all of whom must be independent within the meaning given to that term in the CBOE Holdings Bylaws and Corporate Governance Guidelines and Rule 10A-3 under the Act.48 The Exchanges also state that the CBOE Holdings Audit Committee has broad authority to assist the CBOE Holdings Board in fulfilling its oversight responsibilities in assessing controls that mitigate the regulatory and operational risks associated with operating each Exchange and to assist the CBOE Holdings Board in discharging its responsibilities relating to, among other things, CBOE Holdings' financial statements and disclosure matters, internal controls, and oversight and risk management.49 The Exchanges further state that CBOE Holdings' financial statements are prepared on a consolidated basis that includes the financial results of CBOE Holdings' subsidiaries, including each Exchange, and therefore the CBOE Holdings Audit Committee's purview necessarily includes each Exchange.50 Finally, the Exchanges note that despite the elimination of Exchange-level Audit Committees, unconsolidated financial statements of each Exchange will still be prepared for each fiscal year.51

    48 17 CFR 240.10A-3.

    49See BYX Notice, 82 FR at 42133-34; BZX Notice, 82 FR at 42187; EDGA Notice, 82 FR at 42212-13; EDGX Notice, 82 FR at 42159-60.

    50See BYX Notice, 82 FR at 42134; BZX Notice, 82 FR at 42187; EDGA Notice, 82 FR at 42212; EDGX Notice, 82 FR at 42160.

    51See BYX Notice, 82 FR at 42134; BZX Notice, 82 FR at 42187; EDGA Notice, 82 FR at 42212; EDGX Notice, 82 FR at 42160.

    Each Exchange proposes to eliminate its Appeals Committee, which is a Board-level committee that presides over all appeals related to disciplinary and adverse action determinations in accordance with Exchange rules. The Exchanges state that while they are proposing to eliminate the Appeals Committee as a specified Board-level committee, each Exchange would have the ability to appoint a Board-level or an Exchange-level Appeals Committee pursuant to Article IV, Section 4.1 of the Proposed Bylaws. According to the Exchanges, they would prefer not to have to maintain and staff a standing Appeals Committee, but rather would like to provide their Boards with the flexibility to determine whether to establish a Board-level or Exchange-level Appeals Committee.52 The Exchanges note that CBOE and C2 maintain an exchange-level Appeals Committee rather than a Board-level Appeals Committee and that other exchanges do not require standing Appeals Committees.53

    52See BYX Notice, 82 FR at 42134; BZX Notice, 82 FR at 42188; EDGA Notice, 82 FR at 42213; EDGX Notice, 82 FR at 42160.

    53See BYX Notice, 82 FR at 42134; BZX Notice, 82 FR at 42188; EDGA Notice, 82 FR at 42213; EDGX Notice, 82 FR at 42160. For example, BOX Options Exchange, LLC does not mandate an Appeals Committee under its bylaws or exchange rules. See bylaws of BOX Options Exchange, LLC; rules of BOX Options Exchange, LLC.

    Further, each Exchange proposes to eliminate a provision of its Current Bylaws that allows the Chairman, with approval of the Board, to appoint a Finance Committee to advise the Board with respect to the oversight of the financial operations and conditions of the Exchange.54 The Exchanges note that they do not currently maintain, and have no intention of establishing, Finance Committees and that CBOE and C2 do not have exchange-level Finance Committees. The Exchanges state that they will retain the authority, under Article IV, Section 4.1 of the Proposed Bylaws, to establish a Finance Committee in the future if so desired.55

    54See BYX Notice, 82 FR at 42134 (citing BYX Current Bylaws, Article V, Section 6(f)); BZX Notice, 82 FR at 42188 (citing BZX Current Bylaws, Article V, Section 6(f)); EDGA Notice, 82 FR at 42213 (citing EDGA Current Bylaws, Article V, Section 6(f)); EDGX Notice, 82 FR at 42160 (citing EDGX Current Bylaws, Article V, Section 6(f)).

    55See BYX Notice, 82 FR at 42134; BZX Notice, 82 FR at 42188; EDGA Notice, 82 FR at 42213; EDGX Notice, 82 FR at 42160.

    The Commission believes that each Exchange's proposed committees, which are similar to the committees maintained by CBOE and C2,56 are designed to help enable the Exchange to carry out its responsibilities under the Act and are consistent with the Act, including Section 6(b)(1), which requires, in part, an exchange to be so organized and have the capacity to carry out the purposes of the Act.57 The Commission further believes that each Exchange's proposed committees, including their composition and the means by which committee members will be chosen, are consistent with Section 6(b)(3) of the Act because relevant committees provide for the fair representation of members in the administration of that Exchange's affairs.58

    56See CBOE Bylaws, Article IV, Sections 4.1-4.4; C2 Bylaws, Article IV, Sections 4.1-4.4.

    57 15 U.S.C. 78f(b)(1).

    58See 15 U.S.C. 78f(b)(3).

    With respect to the proposal to eliminate each Exchange's Compensation Committee and Audit Committee, the Commission notes that this change is comparable to the governing structures of other exchanges, including CBOE and C2, which the Commission has previously approved.59 As more fully set forth in the Notices, the Exchanges state that their respective Compensation Committees' and Audit Committees' responsibilities largely are duplicative of those of the Compensation Committee and Audit Committee of CBOE Holdings. With respect to the proposal to eliminate each Exchange's Appeals Committee and the specific provision permitting a Finance Committee, the Commission notes that the Act does not require the Exchanges to maintain such committees and each Exchange will have the ability, under the Proposed Bylaws, to establish an Appeals Committee or Finance Committee in the future, if desired.

    59See CBOE 2017 Order, 82 FR at 20400; C2 2017 Order, 82 FR at 20410; Securities Exchange Act Release Nos. 64127 (March 25, 2011), 76 FR 17974, 17976 (March 31, 2011) (SR-CBOE-2011-010) (“CBOE March 2011 Order”); 64128 (March 25, 2011), 76 FR 17973, 17974 (March 31, 2011) (SR-C2-2011-003) (“C2 March 2011 Order”); 62304 (June 16, 2010), 75 FR 36136, 36137 (June 24, 2010) (SR-NYSEArca-2010-31); 60276 (July 9, 2009), 74 FR 34840, 34841 (July 17, 2009) (SR-NASDAQ-2009-042).

    3. Advisory Board

    Each Exchange proposes to adopt Article VI, Section 6.1 of the Proposed Bylaws, which provides that the Board may establish an Advisory Board which will advise the Board and management regarding matters of interest to Exchange Members. If established, the Board would set the number of members of the Advisory Board, and at least two members would be Exchange Members or persons associated with Exchange Members. The Nominating and Governance Committee would recommend members of the Advisory Board for approval by the Board.60 Each Exchange states that it believes an Advisory Board could provide a vehicle for Exchange management to receive advice from the perspective of Exchange Members and regarding matters that impact Exchange Members.61 Each Exchange further explains that an Advisory Board would be completely advisory in nature and would not be vested with any Exchange decision-making authority or other authority to act on behalf of the Exchange. The Exchanges note that while under the CBOE Bylaws an Advisory Board is mandatory, the Exchanges would like the flexibility to determine if an Advisory Board should be established in the future.62

    60See BYX Proposed Bylaws, Article VI, Section 6.1; BZX Proposed Bylaws, Article VI, Section 6.1; EDGA Proposed Bylaws, Article VI, Section 6.1; EDGX Proposed Bylaws, Article VI, Section 6.1.

    61See BYX Notice, 82 FR at 42136; BZX Notice, 82 FR at 42189; EDGA Notice, 82 FR at 42214; EDGX Notice, 82 FR at 42162.

    62 The Exchanges further note that there is no statutory requirement to maintain an Advisory Board and the Current Bylaws do not require the Exchanges to establish an Advisory Board. See BYX Notice, 82 FR at 42136; BZX Notice, 82 FR at 42189-90; EDGA Notice, 82 FR at 42215; EDGX Notice, 82 FR at 42162.

    The Commission believes that each Exchange's proposal to authorize an Advisory Board to advise the Board and management with respect to matters of interest to Exchange Members is consistent with the Act. The Commission notes that the Advisory Board will be advisory in nature and will not be vested with decision-making authority or the authority to act on behalf of the Exchange. Nevertheless, if established, the Advisory Board could serve as a supplementary adjunct advisory body that can provide an additional forum for Exchange Members to be heard and provide input to Exchange management above and beyond the formal role played by Representative Directors, as discussed above. The Commission further notes that the composition and function of the Advisory Board is the same as that for CBOE and C2, and that, while the CBOE Bylaws currently mandate the establishment of an Advisory Board, the Commission previously approved a proposal for a permissive Advisory Board by CBOE and C2.63

    63See CBOE December 2011 Order, 76 FR at 79254; C2 December 2011 Order, 76 FR at 79241-42; CBOE March 2011 Order, 76 FR at 17976; C2 March 2011 Order, 76 FR at 17974.

    4. Regulatory Independence

    The Proposed Certificates and Proposed Bylaws, as well as proposed Exchange rules, include provisions designed to help maintain the independence of the regulatory functions of each Exchange,64 which provisions are substantially similar to those included in the governing documents of other exchanges.65 Specifically:

    64See BYX Notice, 82 FR at 42140; BZX Notice, 82 FR at 42193; EDGA Notice, 82 FR at 42218; EDGX Notice, 82 FR at 42166.

    65See, e.g., ISE Order, 82 FR at 36503-05; CBOE Demutualization Order, 75 FR at 30089; C2 Exchange Order, 74 FR at 66704-05.

    • In discharging his or her responsibilities as a member of the Board, each Director shall take into consideration the effect that his or her actions would have on the ability of the Exchange to carry out the Exchange's responsibilities under the Act and on the ability of the Exchange: To engage in conduct that fosters and does not interfere with the Exchange's ability to prevent fraudulent and manipulative acts and practices; to promote just and equitable principles of trade; to foster cooperation and coordination with persons engaged in regulating, clearing, settling, processing information with respect to, and facilitating transactions in securities; to remove impediments to and perfect the mechanisms of a free and open market and a national market system; and, in general, to protect investors and the public interest. In discharging his or her responsibilities as a member of the Board or as an officer or employee of the Exchange, each Director, officer or employee shall comply with the federal securities laws and the rules and regulations thereunder and shall cooperate with the Commission, and the Exchange pursuant to its regulatory authority.66

    66See BYX Proposed Certificate, Article Fifth(d); BZX Proposed Certificate, Article Fifth(d); EDGA Proposed Certificate, Article Fifth(d); EDGX Proposed Certificate, Article Fifth(d). The Exchanges note that this provision contains language similar to that in the Current Bylaws. See BYX Notice, 82 FR at 42128 and n. 4 (citing BYX Current Bylaws, Article III, Sections 1(d) and (e)); BZX Notice, 82 FR at 42182 and n. 4 (citing BZX Current Bylaws, Article III, Sections 1(d) and (e)); EDGA Notice, 82 FR at 42207 and n. 4 (citing EDGA Current Bylaws, Article III, Sections 1(d) and (e)); EDGX Notice, 82 FR at 42154 and n. 4 (citing EDGX Current Bylaws, Article III, Sections 1(d) and (e)).

    • All confidential information pertaining to the self-regulatory function of the Exchange (including but not limited to disciplinary matters, trading data, trading practices, and audit information) contained in the books and records of the Exchange shall: (1) Not be made available to any persons other than to those officers, Directors, employees, and agents of the Exchange that have a reasonable need to know the contents thereof; (2) be retained in confidence by the Exchange and its officers, Directors, employees, and agents; and (3) not be used for any commercial purposes.67

    67See BYX Proposed Certificate, Article Eleventh; BZX Proposed Certificate, Article Eleventh; EDGA Proposed Certificate, Article Eleventh; EDGX Proposed Certificate, Article Eleventh. The Commission notes that, as is currently the case, the requirement to keep information confidential will not be interpreted as to limit or impede the rights of the Commission to access and examine such confidential information pursuant to the federal securities laws and the rules and regulations thereunder, or limit or impede the ability of any officers, Directors, employees, or agents of the Exchange to disclose such confidential information to the Commission. See BYX Proposed Certificate, Article Eleventh; BZX Proposed Certificate, Article Eleventh; EDGA Proposed Certificate, Article Eleventh; EDGX Proposed Certificate, Article Eleventh. See also BYX Current Bylaws, Article XI, Section 3; BZX Current Bylaws, Article XI, Section 3; EDGA Current Bylaws, Article XI, Section 3; EDGX Current Bylaws, Article XI, Section 3.

    • Under the Proposed Bylaws, as is the case under the Current Bylaws, the books and records of each Exchange must be maintained in the United States.68

    68See BYX Proposed Bylaws, Article VIII, Section 8.12; BZX Proposed Bylaws, Article VIII, Section 8.12; EDGA Proposed Bylaws, Article VIII, Section 8.12; EDGX Proposed Bylaws, Article VIII, Section 8.12. See also BYX Current Bylaws, Article XI, Section 3; BZX Current Bylaws, Article XI, Section 3; EDGA Current Bylaws, Article XI, Section 3; EDGX Current Bylaws, Article XI, Section 3. The Commission notes that such books and records would be subject to examination by the Commission pursuant to the federal securities laws and the rules and regulations thereunder.

    • Under the Proposed Certificates and Proposed Bylaws, any amendments to those documents will not become effective until filed with, or filed with and approved by, the Commission, as required under Section 19 of the Act and the rules promulgated thereunder.69

    69See BYX Proposed Certificate, Article Seventh; BZX Proposed Certificate, Article Seventh; EDGA Proposed Certificate, Article Seventh; EDGX Proposed Certificate, Article Seventh; BYX Proposed Bylaws, Article IX, Section 9.3; BZX Proposed Bylaws, Article IX, Section 9.3; EDGA Proposed Bylaws, Article IX, Section 9.3; EDGX Proposed Bylaws, Article IX, Section 9.3. The Commission notes that, although the Current Certificates and Current Bylaws do not include a similar, explicit requirement regarding the filing of amendments pursuant to Section 19 of the Act, the Current Certificates and Current Bylaws, as rules of the Exchange, are nonetheless subject to the requirements of Section 19 of the Act and the rules and regulations thereunder.

    • Additionally, each Exchange proposes a rule that would prohibit the Exchange from using any revenues received by the Exchange from fees derived from its regulatory function or regulatory fines for non-regulatory purposes or to make distributions to the stockholder.70

    70See proposed BYX Rule 15.2; proposed BZX Rule 15.2; proposed EDGA Rule 15.2; proposed EDGX Rule 15.2. The proposed rule further provides that such regulatory revenues will be applied to fund the legal and regulatory operations of the Exchange (including surveillance and enforcement activities), or, as the case may be, will be used to pay restitution and disgorgement of funds intended for customers (except in the event of liquidation of the Exchange, in which case Bats Global Markets Holdings, with respect to BYX and BZX, and Direct Edge, with respect to EDGA and EDGX, will be entitled to the distribution of the remaining assets of the Exchange). The Exchanges state that this provision is similar to a provision in the Current Bylaws and also to CBOE Rule 2.51, except that, unlike CBOE Rule 2.51, the proposed rule explicitly states that regulatory funds may not be distributed to the stockholder. See BYX Notice, 82 FR at 42138-39; BZX Notice, 82 FR at 42192; EDGA Notice, 82 FR at 42217; and EDGX Notice, 82 FR at 42164. See also BYX Current Bylaws, Article X, Section 4; BZX Current Bylaws Article X, Section 4; EDGA Current Bylaws, Article X, Section 4; EDGX Current Bylaws, Article X, Section 4.

    The Commission believes that the provisions discussed in this section, which are designed to help ensure the independence of each Exchange's regulatory function and facilitate the ability of each Exchange to carry out its responsibility and operate in a manner consistent with the Act, are appropriate and consistent with the requirements of the Act, particularly with Section 6(b)(1), which requires, in part, an exchange to be so organized and have the capacity to carry out the purposes of the Act.71

    71 15 U.S.C. 78f(b)(1).

    The Commission believes that the proposed provisions relating to the books and records of each Exchange are designed to maintain the independence of the Exchanges' self-regulatory function, and are consistent with the Act. The Commission notes that these provisions are substantially similar to those the Commission has previously found to be consistent with the Act in the context of the corporate governance structures of other exchanges.72 The Commission also notes that the governing documents of CBOE Holdings and CBOE V previously approved by the Commission provide that all books and records of the Exchanges reflecting confidential information pertaining to the self-regulatory function of the Exchanges will be subject to confidentiality restrictions.73

    72See, e.g., MIAX Exchange Order, 77 FR at 73071.

    73See Transaction Order, 81 FR at 93991-92.

    The Commission finds that the proposed process regarding amendments to the Proposed Certificates and Proposed Bylaws is consistent with Section 6(b)(1) of the Act, because it reflects the obligation of the Board to ensure compliance with the rule filing requirements under the Act. Additionally, the Commission finds these changes to be consistent with Section 19(b)(1) of the Act and Rule 19b-4 thereunder,74 which require that a self-regulatory organization file with the Commission all proposed rules, as well as all proposed changes in, additions to, and deletions of its existing rules. These provisions clarify that amendments to the Proposed Certificates and Proposed Bylaws constitute proposed rule changes within the meaning of Section 19(b)(2) of the Act and Rule 19b-4 thereunder, and are subject to the filing requirements of Section 19 of the Act and the rules and regulations thereunder.

    74 15 U.S.C. 78f(b)(1); 17 CFR 240.19b-4.

    The Commission also finds that the prohibition on the use of regulatory fees or fines to fund non-regulatory purposes or to make distributions to the stockholder is consistent with Section 6(b)(1) of the Act,75 because it is designed to further each Exchange's ability to effectively comply with its statutory obligations and is designed to ensure that the regulatory authority of the Exchange is not improperly used.76 This restriction on the use of regulatory funds is intended to preclude each Exchange from using its authority to raise regulatory funds for the purpose of benefiting its stockholder.77

    75 15 U.S.C. 78f(b)(1).

    76See, e.g., ISE Order, 82 FR at 36505 (approving a prohibition on the use of regulatory fines, fees, or penalties to pay dividends). See also CBOE Demutualization Order, 75 FR at 30089 (approving CBOE Rule 2.51).

    77See BYX Notice, 82 FR at 42138; BZX Notice, 82 FR at 42192; EDGA Notice, 82 FR at 42217; EDGX Notice, 82 FR at 42164.

    C. Related Rule Amendments

    Each Exchange proposes to amend its rules in conjunction with the changes in the Proposed Bylaws.78 Specifically, each Exchange proposes to update certain cross-references to the bylaws in its rules and to move certain definitions from the bylaws to the rules.79

    78See BYX Notice, 82 FR at 42139; BZX Notice, 82 FR at 42192-93; EDGA Notice, 82 FR at 42218; EDGX Notice, 82 FR at 42165.

    79See proposed BYX Rules 1.1, 2.10, and 8.6; proposed BZX Rules 1.1, 2.10, and 8.6; proposed EDGA Rules 1.1, 2.10, and 8.6; proposed EDGX Rules 1.1, 2.10, and 8.6. The Exchanges also propose to move the prohibition on the use of regulatory revenues for non-regulatory purposes from the Current Bylaws to the rules. See supra note 70 and accompanying text.

    The Commission finds that these proposed rule changes are consistent with the Act in that they are necessary to update cross-references and certain defined terms in the rules and would assist Exchange Members and the public in understanding the Exchanges' rules.

    IV. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,80 that the proposed rule changes (SR-BatsBYX-2017-19; SR-BatsBZX-2017-55; SR-BatsEDGA-2017-22; and SR-BatsEDGX-2017-35), each as modified by its respective Amendment No. 1, be, and hereby are, approved.

    80 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.81

    81 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22387 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81856; File No. SR-NYSE-2017-31] Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing of Amendment No. 1 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment No. 1, To Amend the Listed Company Manual To Adopt Initial and Continued Listing Standards for Subscription Receipts October 11, 2017. I. Introduction

    On June 26, 2017, New York Stock Exchange LLC (“NYSE” or the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to amend the NYSE Listed Company Manual (“Manual”) to adopt initial and continued listing standards for Subscription Receipts. The proposed rule change was published for comment in the Federal Register on July 13, 2017.3 On October 3, 2017, the Exchange submitted Amendment No. 1 to the proposed rule change.4 The Commission is publishing this notice of Amendment No. 1 and approving the proposed rule change, as modified by Amendment No. 1, on an accelerated basis.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 81102 (July 7, 2017), 82 FR 32413 (“Notice”).

    4 Amendment No. 1 amends the original filing to: (1) Correct a reference in the purpose section of the filing from a reference to Section 802.01 of the Manual to a reference to Sections 802.02 and 802.03 of the Manual; (2) change the proposed continued listing holder requirement from 100 total holders to 100 public holders; (3) provide that Subscription Receipts will be subject to immediate suspension and delisting proceedings (with no eligibility with respect to the procedures set forth in Sections 802.02 and 802.03 of the Manual) in the event that at any time there are fewer than 100,000 publicly-held shares or 100 public holders of the Subscription Receipts; and (4) make clear that Subscription Receipts convert into primary common stock of the listed company. When the Exchange filed Amendment No. 1 with the Commission, it also submitted Amendment No. 1 to the public comment file for SR-NYSE-2017-31 (available at: https://www.sec.gov/comments/sr-nyse-2017-31/nyse201731.htm).

    II. Description of the Proposed Rule Change, as Modified by Amendment No. 1

    The Exchange has proposed to adopt initial and continued listing standards for the listing of Subscription Receipts. In its proposal, NYSE generally described the structure of Subscription Receipts and noted that Subscriptions Receipts have been used as a financing technique by Canadian public companies.5 According to the Exchange, Canadian companies typically use Subscription Receipts as a means of providing cash consideration in merger or acquisition transactions.6 Subscription Receipts are sold in a public offering that occurs after the execution of an acquisition agreement. The proceeds of the Subscription Receipt offering are held in a custody account and, if the related acquisition closes, the Subscription Receipt holders will have their Subscription Receipts converted into a specified number of shares of the primary listed class of common stock of the issuer.7 If the acquisition does not close, the Subscription Receipts are redeemed for their original purchase price plus any interest accrued on the custody account.

    5See Notice, supra note 3, at 32413.

    6See id.

    7See Amendment No. 1.

    The Exchange stated in its proposal that Subscription Receipts provide a contingent form of financing for an issuer that only becomes permanent if the specified acquisition is completed.8 In contrast, the Exchange noted that a company financing the cash consideration for an acquisition by means of a traditional equity or debt offering is at risk of having incurred unnecessary dilution of its shareholders or indebtedness if the related acquisition fails to close.9 The Exchange further noted that Subscription Receipts provide investors with flexibility to elect to invest in the post-merger company and not in the company in its pre-merger form.

    8See Notice, supra note 3, at 32413.

    9See id.

    The Exchange has proposed the following initial listing standards for Subscription Receipts: 10

    10See id.

    (a) At the time of initial listing, the Subscription Receipts must have a price per share of at least $4.00, a minimum total market value of publicly-held shares of $100 million, 1,100,000 publicly-held shares,11 and 400 holders of round lots (i.e., 100 securities).

    11 For purposes of the initial and continued listing requirements for Subscription Receipts, shares held by directors, officers, or their immediate families and other concentrated holdings of 10 percent or more are excluded in calculating the number of publicly-held shares. See proposed Sections 102.08 and 802.01B of the Manual.

    (b) The issuer must be an NYSE listed company that is not currently non-compliant with any applicable continued listing standard.

    (c) The proceeds of the Subscription Receipts offering must be designated solely for use in connection with the consummation of a specified acquisition that is the subject of a binding acquisition agreement (the “Specified Acquisition”).

    (d) The proceeds of the Subscription Receipts offering must be held in an interest-bearing custody account by an independent custodian.

    (e) The Subscription Receipts must promptly be redeemable for cash (i) at any time the Specified Acquisition is terminated, or (ii) if the Specified Acquisition does not close within twelve months from the date of issuance of the Subscription Receipts, or such earlier time as is specified in the operative agreements. If the Subscription Receipts are redeemed, the holders must receive cash payments equal to their proportionate share of the funds in the custody account, including any interest earned on those funds.

    (f) If the Specified Acquisition is consummated, the holders of the Subscription Receipts must receive the shares of common stock for which their Subscription Receipts are exchangeable.

    (g) The sale of the Subscription Receipts and the issuance of the common stock of the issuer in exchange for the Subscription Receipts must both be registered under the Securities Act of 1933.12

    12See 15 U.S.C. 77a et seq.

    The Exchange has also proposed to amend Section 802.01B of the Manual to include continued listing standards applicable to Subscription Receipts listed under proposed Section 102.08 of the Manual. In its filing, as modified by Amendment No. 1, the Exchange proposed to immediately initiate suspension and delisting procedures when: (i) The number of publicly-held shares is less than 100,000; (ii) the number of public holders is less than 100; 13 (iii) the total market capitalization of the Subscription Receipts is below $15 million over 30 consecutive trading days; (iv) the related common equity security ceases to be listed; or (v) the issuer announces that the Specified Acquisition has been terminated.

    13 In adopting a continued listing requirement of 100 public holders, the Exchange notes that this is similar to other exchange continued listing standards. See, e.g., NASDAQ Marketplace Rule 5460(a)(4). See also Section 802.01D (providing continued listing standards for warrants, among other specialized securities). For purposes of the continued listing requirements for Subscription Receipts, “public holders” exclude holders that are directors, officers, or their immediate families and holders of other concentrated holdings of 10% or more. See proposed Section 802.01B of the Manual.

    An issuer of Subscription Receipts will not be eligible to follow the procedures outlined in Sections 802.02 and 802.03 of the Manual with respect to these criteria,14 and any such security will be subject to delisting procedures as set forth in Section 804 of the Manual.15 The Exchange also stated that Subscription Receipts will be subject to potential delisting for all of the reasons generally applicable to operating companies under Section 802.01 of the Manual.16 The Exchange further noted in its proposal that an issuer of Subscription Receipts may be subject to delisting at the time of closing of the related acquisition pursuant to the “backdoor listing” provisions of Section 703.08(E) of the Manual.17 Further, if the Specified Acquisition is consummated, as noted above, the Subscription Receipts convert into the primary listed class of common stock of the issuer, which will thereafter be subject to all of the continued listing requirements applicable to a primary class of common stock listed on NYSE.18

    14 Sections 802.02 and 802.03 of the Manual set forth procedures for listed companies to submit a plan, which must be approved by the Exchange, to bring the listed company into conformity with a continued listing standard within eighteen months of receiving a letter of non-compliance. As noted above, an issuer of Subscription Receipts will not be eligible to utilize the procedures in Sections 802.02 or 802.03 of the Manual to submit a plan of compliance and instead will be subject to the procedures in Section 804 of the Manual.

    15 Section 804 of the Manual sets forth the applicable due process procedures, including appeal rights, for the suspension and delisting of the securities of a listed company.

    16See Notice, supra note 3, at 32414.

    17See id.

    18See Amendment No. 1. See also Section 802.01 of the Manual (providing the continued listing criteria for capital or common stock listed on NYSE).

    The Exchange also has proposed to amend Section 202.06 of the Manual to provide that whenever it halts trading in a security of a listed company pending dissemination of material news or implements any other required regulatory trading halt, the Exchange will also halt trading in any listed Subscription Receipt that is exchangeable by its terms into the common stock of such company.19

    19See Notice, supra note 3, at 32414.

    The Exchange represented that it will monitor activity in Subscription Receipts to identify and deter any potential improper trading activity in such securities and will adopt enhanced surveillance procedures to enable it to monitor Subscription Receipts alongside the common equity securities into which they are convertible.20 Additionally, the Exchange states that it will rely on its existing trading surveillances, administered by the Exchange or the Financial Industry Regulatory Authority (“FINRA”) on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities law.

    20See id.

    Finally, the Exchange has proposed to apply the listing fees for “short-term” securities (i.e., securities with a life of seven years or less), set forth in Section 902.06 of the Manual, to Subscription Receipts because these securities, as noted above, will be short-term securities that have a maximum term of twelve months.21 The Exchange has therefore proposed to amend Section 902.06 of the Manual to make it explicit that it will apply to Subscription Receipts. Finally, the Exchange proposes to amend Section 902.06 of the Manual to remove a reference to the annual fees charged prior to January 1, 2017, as that reference is now irrelevant.

    21See id.

    III. Discussion and Commission Findings

    The Commission finds that the proposed rule change, as modified by Amendment No. 1, is consistent with the requirements of the Act and the rules and regulations thereunder applicable to a national securities exchange and, in particular, the requirements of Section 6(b) of the Act and the rules and regulations thereunder. Specifically, the Commission finds that the proposal is consistent with Section 6(b)(5) of the Act,22 which requires that an exchange have rules designed to, among other things, promote just and equitable principles of trade, remove impediments to an perfect the mechanisms of a free and open market and a national market system, protect investors and the public interest, and not permit unfair discrimination between customers, issuers, brokers, or dealers.23

    22 15 U.S.C. 78f(b)(5).

    23 In approving this proposed rule change, the Commission notes that it has considered the proposed rules' impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    The development and enforcement of adequate standards governing the initial and continued listing of securities on an exchange is an activity of critical importance to financial markets and the investing public. Listing standards, among other things, serve as a means for an exchange to screen issuers and to provide listed status only to bona fide companies that have or will have sufficient public float, investor base, and trading interest to provide the depth and liquidity necessary to promote fair and orderly markets. Adequate standards are especially important given the expectations of investors regarding exchange trading and the imprimatur of listing on a particular market. Once a security has been approved for initial listing, maintenance criteria allow an exchange to monitor the status and trading characteristics of that issue to ensure that it continues to meet the exchange's standards for market depth and liquidity so that fair and orderly markets can be maintained.

    Subscription Receipts, as discussed by the Exchange in its proposal, are a financing technique to fund a Specified Acquisition. As NYSE noted in its filing, an issuer could sell equity securities to fund an acquisition, but if the acquisition doesn't close, investors will still experience dilution in their holdings. Subscription Receipts allow investors the right to invest in the common stock of the listed company upon consummation of a Specified Acquisition. If the deal is not consummated within a short time frame of 12 months or less, the Subscription Receipt holders receive their pro rata share of the offering proceeds plus interest. In this sense, Subscription Receipts could be viewed as a security with characteristics of both equity and debt and are similar, but not identical to, other contingent securities with a right to receive common stock, such as warrants. At the time investors purchase a Subscription Receipt they will also have information about the Specified Acquisition and are making a decision to purchase stock in the listed post-acquisition company.

    To address these unique characteristics, as discussed in more detail below, the Exchange has proposed to adopt new Section 102.08 to list Subscription Receipts, and specified continued listing standards. The proposed standards would permit NYSE to list, and continue to list, Subscription Receipts that meet specific criteria, including market value, distribution, and price requirements, which should help to ensure that the Subscription Receipts have sufficient public float, investor base, and liquidity to promote fair and orderly markets. In addition, issuers of Subscription Receipts would have to comply with other investor protection criteria in order to list Subscription Receipts, such as, among others, holding proceeds in a custodial account controlled by an independent custodian and providing shareholders with cash redemption rights should the Specified Acquisition be terminated or not close within 12 months.

    The Commission believes that the proposed initial and continued listing standards for Subscription Receipts are consistent with the requirements of the Act, including the protection of investors and the promotion of fair and orderly markets.

    At the time of initial listing, the Subscription Receipts must have a price per share of at least $4.00, a minimum total market value of publicly-held shares of $100 million, 1,100,000 publicly-held shares,24 and 400 holders of round lots (i.e., 100 securities). The Commission notes that the distribution criteria is the same that currently applies to the listing of common stock in connection with an initial public offering under NYSE listing rules and that the $100 million market value of publicly-held shares requirement is similar to the requirements for other initial listing of securities on the Exchange.25 The Commission believes that these standards should help ensure that a sufficient market, with adequate depth and liquidity, exists for the initial listing of Subscription Receipts.26

    24 For purposes of the initial and continued listing requirements for Subscription Receipts, shares held by directors, officers, or their immediate families and other concentrated holdings of 10 percent or more are excluded in calculating the number of publicly-held shares. See proposed Sections 102.08 and 802.01B of the Manual.

    25See Sections 102.01A and 102.01B of the Manual.

    26 Because the issuer of the Subscription Receipt is already listing its primary common stock on the Exchange, it must comply with the continued listing standards for capital and common stock as well as the corporate governance requirements applicable to listed companies.

    Similarly, the Commission believes the Exchange's proposed continued listing standards for Subscription Receipts are consistent with the requirements of the Act and the protection of investors. Under the amended proposal, the Exchange will immediately initiate suspension and delisting procedures when (i) the number of publicly-held shares is less than 100,000, (ii) the number of public holders is less than 100,27 (iii) the total market capitalization of the Subscription Receipts is below $15 million over 30 consecutive trading days, (iv) the related common equity security ceases to be listed, or (v) the issuer announces that the Specified Acquisition has been terminated.28 In addition, Subscription Receipts will be subject to potential delisting for all of the reasons generally applicable to operating companies, including those outlined in Section 802.01D of the Manual, which discusses the factors and criteria that may result in delisting, and may also be subject to delisting at the time of closing of the related acquisition pursuant to the backdoor listing provisions of Section 703.08 of the Manual. The Commission notes the application of the backdoor listing provision will help to ensure that companies that would not otherwise qualify for original listing on the Exchange could not list, for example, by merging with a listed company.

    27 For purposes of the continued listing requirements for Subscription Receipts, “public holders” exclude holders that are directors, officers, or their immediate families and holders of other concentrated holdings of 10% or more. See proposed Section 802.01B of the Manual.

    28 The Commission notes that an issuer of Subscription Receipts will not be eligible to follow the evaluation and follow-up procedures outlined in Sections 802.02 and 802.03 of the Manual with respect to these criteria, and any such security will be subject to delisting procedures as set forth in Section 804 of the Manual.

    The Commission believes that these standards, taken together, should help ensure that a sufficient market, with adequate depth and liquidity, exists for the continued listing of Subscription Receipts and are similar to the continued listing standards for other securities that have similar characteristics.29 The Commission also notes that once the Specified Acquisition has occurred and a Subscription Receipt is converted to common stock, that common stock is subject to the continued listing requirements for capital or common stock in Section 802.01of the Manual.30

    29See, e.g., Section 802.01D of the Manual (providing the continued listing standards for certain types of specialized securities, including warrants).

    30See Section 802.01 of the Manual. See also Amendment No. 1.

    In addition to the quantitative listing requirements proposed for Subscription Receipts, the proposed initial and continued listing standards also include additional protections for Subscription Receipt holders. For example, the issuer of Subscription Receipts must be an NYSE listed company that is not currently non-compliant with any applicable continued listing standard and must continue to be listed on the Exchange throughout the time the Subscription Receipts are traded on the Exchange. The proposed rules also provide that whenever the Exchange halts trading in a security of a listed company pending dissemination of material news or implements any other required regulatory trading halt, the Exchange will also halt trading in any listed Subscription Receipt that is exchangeable by its terms into the common stock of such company.

    The Commission believes that these additional requirements should protect investors and the public interest, consistent with Section 6(b)(5) of the Act, by assuring that information with respect to the listed company issuing the Subscription Receipts is publicly available and that the issuing company is meeting all continued listing standards, including corporate governance requirements, of the Exchange. In addition, these requirements should help assure that the Exchange has a listing relationship with, and direct access to information from, the issuer of the Subscription Receipts. Among other things, this direct relationship the Exchange has with the listed company issuing the Subscription Receipts will help to ensure that the Exchange will receive information in a timely manner to halt trading in the Subscription Receipts when there is a material news, or other regulatory, trading halt imposed on the common stock, and other securities, of the listed company.

    There are additional protections for investors in the proposed standards. These include that all the proceeds of the Subscription Receipts offering must be designated solely for use in connection with the consummation of a Specified Acquisition pursuant to a definitive acquisition agreement, the material terms of which would be subject to disclosure. Additionally, the proceeds of the Subscription Receipts offering must also be held in an interest-bearing custody account by an independent custodian and holders will promptly redeem the Subscription Receipts for cash, equal to the holder's proportionate share of the funds in the custody account plus any interest earned, at any time the Specified Acquisition is terminated or if the Specified Acquisition does not close within twelve months from the date of issuance of the Subscription Receipts (or such earlier time as specified in the operative agreements). If the Specified Acquisition is consummated, the holders of the Subscription Receipts will receive the shares of common stock for which their Subscription Receipts are exchangeable. Finally, the listing standards specifically state and remind issuers that the sale of Subscription Receipts and the issuance of the common stock of the issuer in exchange for the Subscription Receipts must both be registered under the Securities Act of 1933.31 This is important because shareholders, at the time they purchase a Subscription Receipt, are making an investment decision to also purchase the common stock of the merged listed company should the Specified Acquisition be consummated, within twelve months or such shorter specified time period. Therefore, it is important to have registration and disclosure under the Securities Act of both the Subscription Receipt and the related common stock. Based on the above, the Commission believes that specifically setting forth the Securities Act registration requirements in the NYSE rules for listing Subscription Receipts is consistent with the requirements of Section 6(b)(5) of the Act to further investor protection and the public interest.

    31See 15 U.S.C. 77a et seq.

    The Exchange will also monitor activity in Subscription Receipts to identify and deter any potential improper trading activity in such securities and will adopt enhanced surveillance procedures to enable it to monitor Subscription Receipts alongside the common equity securities into which they are convertible. Since the Subscription Receipts are related to, and represent an interest in, the common stock of the post-acquisition listed company, this enhanced surveillance should help to monitor the trading activity in both the issuer's listed common stock and the Subscription Receipts.32

    32 As noted above, the Exchange will also rely on its existing trading surveillances, administered by the Exchange or FINRA on behalf of the Exchange, which are designed to detect violations of Exchange rules and applicable federal securities laws.

    The Commission believes that these safeguards and standards should help to ensure that the listing, and continued listing, of any Subscription Receipts on NYSE will be consistent with investor protection, the public interest, and the maintenance of fair and orderly markets. In this regard, the Commission expects NYSE to thoroughly review any potential listing of Subscription Receipts to ensure that its listing standards have been met and continue to be met, as well as to monitor trading in the Subscription Receipts and related common stock of the issuer. Based on the foregoing, the Commission finds that the proposed initial and continued listing standards are consistent with the Act.

    Finally, the Commission believes that the proposed fees set forth in Section 902.06 of the Manual are consistent with Section 6(b)(4) of the Act,33 in particular, in that they are designed to provide for the equitable allocation of reasonable dues, fees, and other charges, and are not designed to permit unfair discrimination among the Exchange's members, issuers, and other persons using its facilities. The Commission notes that the proposed fees are the same as the fees applicable to similar short term securities under Rule 902.06 of the Manual.

    33 15 U.S.C. 78f(b)(4).

    Based on the above, the Commission believes the proposed rule change, as amended, is reasonable and should provide for the listing of Subscription Receipts, with baseline investor protection and other standards. The Commission believes, as discussed above, that NYSE has developed sufficient standards to allow the listing of Subscription Receipts on the Exchange, and finds the proposal consistent with the requirements set forth under the Act, and in particular, Sections (6)(b)(4) and 6(b)(5).34

    34 15 U.S.C. 78s(b)(4) and (b)(5).

    IV. Solicitation of Comments on Amendment No. 1

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether Amendment No. 1 is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to rule-c[email protected] Please include File Number SR-NYSE-2017-31 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NYSE-2017-31. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing will also be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make publicly available. All submissions should refer to File Number SR-NYSE-2017-31 and should be submitted on or before November 7, 2017. V. Accelerated Approval of Proposed Rule Change, as Modified by Amendment No. 1

    The Commission finds good cause to approve the proposed rule change, as modified by Amendment No. 1, prior to the 30th day after the date of publication of the notice of Amendment No. 1 in the Federal Register. As noted above, in Amendment No. 1, the Exchange amended the original filing to correct an incorrect reference to the Manual in the purpose section of the filing, replace the proposed continued listing standard of 100 total holders with 100 public holders, add two additional continued listing standards—the 100,000 publicly-held shares requirement and the 100 public holder requirement—to the immediate suspension and delisting proceeding provisions of Section 804 of the Manual, and provide a clarification that all Subscription Receipts convert into primary common stock of the issuer.

    The Commission notes that the revisions in Amendment No. 1 provide additional clarity and specificity to the proposal and do not raise any novel regulatory concerns. In addition, the changes to the continued listing standards strengthen the proposal and are consistent with investor protection. Finally, the Commission notes that the majority of the original proposal was not modified and was subject to a full notice-and-comment period, and no comments were received. Accordingly, the Commission finds that good cause exists to approve the proposal, as modified by Amendment No. 1, on an accelerated basis, pursuant to Section 19(b)(2) of the Act.35

    35 15 U.S.C. 78s(b)(2).

    VI. Conclusion

    It is therefore ordered, pursuant to Section 19(b)(2) of the Act,36 that the proposed rule change (SR-NYSE-2017-31), as modified by Amendment No. 1 thereto, be, and hereby is, approved on an accelerated basis.

    36 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.37

    37 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22408 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81853; File No. SR-CBOE-2017-057] Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Designation of Longer Period for Commission Action on Proposed Rule Change To Amend Interpretation and Policy .07 of Exchange Rule 4.11, Position Limits, To Increase the Position Limits for Options on Certain ETFs October 11, 2017.

    On August 15, 2017, Chicago Board Options Exchange, Incorporated (the “Exchange” or “CBOE”) filed with the Securities and Exchange Commission (“Commission”), pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”) 1 and Rule 19b-4 thereunder,2 a proposed rule change to amend Interpretation and Policy .07 of Exchange Rule 4.11, Position Limits, to increase the position limits for options on the following exchange traded funds and exchange traded notes: iShares China Large-Cap ETF, iShares MSCI EAFE ETF, iShares MSCI Emerging Markets ETF, iShares Russell 2000 ETF, iShares MSCI Brazil Capped ETF, iShares 20+ Year Treasury Bond Fund ETF, iPath S&P 500 VIX Short-Term Futures ETN, PowerShares QQQ Trust, and iShares MSCI Japan ETF. The proposed rule change was published for comment in the Federal Register on August 31, 2017.3 The Commission received no comments regarding the proposal.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 81483 (August 25, 2017), 82 FR 41457.

    Section 19(b)(2) of the Act 4 provides that within 45 days of the publication of notice of the filing of a proposed rule change, or within such longer period up to 90 days as the Commission may designate if it finds such longer period to be appropriate and publishes its reasons for so finding or as to which the self-regulatory organization consents, the Commission shall either approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether the proposed rule change should be disapproved. The 45th day for this filing is October 15, 2017.

    4 15 U.S.C. 78s(b)(2).

    The Commission is extending the 45-day time period for Commission action on the proposed rule change. The Commission finds that it is appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider the proposed rule change.

    Accordingly, pursuant to Section 19(b)(2) of the Act 5 and for the reasons stated above, the Commission designates November 29, 2017, as the date by which the Commission should either approve or disapprove, or institute proceedings to determine whether to disapprove, the proposed rule change (File No. SR-CBOE-2017-057).

    5 15 U.S.C. 78s(b)(2).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(31).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22390 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81855; File No. SR-NASDAQ-2017-103] Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to Postpone Implementation of a New Attribute for Designated Retail Orders October 11, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on September 29, 2017, The NASDAQ Stock Market LLC (“Nasdaq” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I and II below, which Items have been prepared by the Exchange. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange proposes to postpone implementation of a new attribute for designated retail orders

    The text of the proposed rule change is available on the Exchange's Web site at http://nasdaq.cchwallstreet.com/, at the principal office of the Exchange, and at the Commission's Public Reference Room.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    On July 7, 2017, the Commission approved the Exchange's new Extended Life Priority Order Attribute (“ELO”).3 ELO will allow certain Displayed Orders 4 that are committed to a one-second or longer resting period to receive higher priority than other Displayed Orders of the same price on the Nasdaq Book. Currently, Nasdaq's System 5 places a time-stamp on each Order entered by a member, which determines the time ranking of the Order for purposes of processing the Order.6 The System presents resting Orders on the Nasdaq Book for execution against incoming Orders in accordance with a price/display/time algorithm.7 Price means that better priced Orders will be presented for execution first. The Exchange proposed ELO to promote Displayed Orders with longer time horizons, thereby enhancing the market so that it works for a wider array of market participants. Implementation of ELO requires the Exchange to make an exception to the general priority rules 8 so that Displayed Orders with an Extended Life Priority Attribute are allowed to earn queue priority on the Nasdaq Book at any given price level ahead of all other Displayed Orders without the Extended Life Priority Attribute.9

    3See Securities Exchange Act Release No. 81097 (July 7, 2017), 82 FR 32386 (July 13, 2017) (SR-NASDAQ-2016-161) (approving the proposal as modified by Amendment No. 1).

    4 Only Designated Retail Orders, as defined by Rule 7018, are available for ELO.

    5 As defined by Rule 4701(a).

    6See Rule 4756(a)(2).

    7See Rule 4757. To implement ELO's exception to the price/display/time algorithm the Exchange proposed amending Rule 4757. See supra note 3.

    8Id.

    9 The Exchange proposed to designate orders with the ELO attribute with a new, unique identifier or they may alternatively be entered through an order port that has been set to designate, by default, all orders with the new identifier. Orders marked with the new identifier—whether on an order-by-order basis or via a designated port—would be disseminated via Nasdaq's TotalView ITCH data feed.

    In proposing ELO, the Exchange anticipated a progressive rollout of the ELO functionality, beginning with a small set of symbols and gradually expanding further. The Exchange also committed to publish the symbols eligible for ELO on its Web site. The Exchange noted that it intended to implement the initial set of symbols for ELO in the third quarter of 2017, with the exact implementation date being reliant on several factors, such as the results of extensive testing and industry events and initiatives.

    The Exchange has encountered unforeseen issues in developing ELO, which have delayed its implementation. These issues concern the complexity of programming the System to account for ELO priority over other Orders on the Nasdaq Book. The issues will require additional thoughtful and methodical development efforts to ensure that risks are adequately addressed, and the System will accurately account for the new ELO priority. As a consequence, the Exchange is proposing to implement ELO in the second half of 2018. As it originally committed to do, the Exchange will notify market participants via an Equity Trader Alert once a specific date for the initial rollout is determined.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,10 in general, and furthers the objectives of Section 6(b)(5) of the Act,11 in particular, in that it is designed to promote just and equitable principles of trade, to remove impediments to and perfect the mechanism of a free and open market and a national market system, and, in general to protect investors and the public interest, because it will allow the Exchange to adequately address complex unforeseen issues that introduce risk to the development and functioning of ELO. The Exchange believes that, to address these issues in a thorough and thoughtful manner, additional time is needed for it to solve these issues before it can implement ELO. As a consequence, the proposed delay will serve to protect investors by decreasing the likelihood of potential disruption to the market caused by the implementation of ELO.

    10 15 U.S.C. 78f(b).

    11 15 U.S.C. 78f(b)(5).

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Delaying the implementation of ELO will allow the Exchange to adequately analyze issues, as well as to further develop and test Nasdaq systems to ensure that ELO functions as proposed. Ensuring that the Exchange has adequate time to do so does not place a burden on competition whatsoever, since ELO has not been implemented and market participants have not yet begun to program their systems to accept ELO. Thus market participants will not be affected by the delay in its implementation.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Because the foregoing proposed rule change does not: (i) Significantly affect the protection of investors or the public interest; (ii) impose any significant burden on competition; and (iii) become operative for 30 days from the date on which it was filed, or such shorter time as the Commission may designate, it has become effective pursuant to Section 19(b)(3)(A) of the Act and Rule 19b-4(f)(6) thereunder.12

    12 17 CFR 240.19b-4(f)(6). As required under Rule 19b-4(f)(6)(iii), the Exchange provided the Commission with written notice of its intent to file the proposed rule change, along with a brief description and the text of the proposed rule change, at least five business days prior to the date of filing of the proposed rule change, or such shorter time as designated by the Commission.

    A proposed rule change filed pursuant to Rule 19b-4(f)(6) under the Act 13 normally does not become operative for 30 days after the date of its filing. However, Rule 19b-4(f)(6)(iii) 14 permits the Commission to designate a shorter time if such action is consistent with the protection of investors and the public interest. The Exchange has asked the Commission to waive the 30-day operative delay so that the Exchange may immediately extend the ELO implementation date. The Exchange stated that it will not be able to implement ELO by the end of the third quarter of 2017. According to the Exchange, it has encountered unforeseen issues in developing ELO, and these issues will require additional thoughtful and methodical development efforts to ensure that risks are adequately addressed and the System will accurately account for the new ELO priority. The Exchange also stated that waiving the operative delay will allow it to implement the proposed implementation delay and provide notice to market participants thereof.15 The Commission believes that waiving the 30-day operative delay is consistent with the protection of investors and the public interest. Therefore, the Commission hereby waives the operative delay and designates the proposed rule change operative upon filing.16

    13 17 CFR 240.19b-4(f)(6).

    14 17 CFR 240.19b-4(f)(6)(iii).

    15 The Exchange stated that, as it originally committed to do, it will notify market participants via an Equity Trader Alert once a specific date for the initial rollout is determined and will publish the symbols that are eligible for ELO on its Web site.

    16 For purposes only of waiving the 30-day operative delay, the Commission has considered the proposed rule's impact on efficiency, competition, and capital formation. See 15 U.S.C. 78c(f).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule change should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-NASDAQ-2017-103 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-NASDAQ-2017-103. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2017-103, and should be submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.17

    17 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22392 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81852; File No. SR-BOX-2017-32] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Adopt a Strategy QOO Order Fee Cap October 11, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on September 29, 2017, BOX Options Exchange LLC (the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission (“Commission”) a proposed rule change to amend the Fee Schedule on the BOX Market LLC (“BOX”) options facility. While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on October 2, 2017. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission's Public Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the Fee Schedule for trading on BOX to establish monthly and daily fee caps for certain manual transactions fees on the BOX open-outcry Trading Floor (“Trading Floor”). Manual transactions consist of Qualified Open Outcry (“QOO”) Orders.5 A QOO Order must be entered as a two-sided order, an initiating side and a contra-side, and the QOO Order fees, rebates and applicable fee and rebate caps will apply to both sides of the order.

    5See BOX Rule 7600. The QOO Order must be entered as a two-sided order when it is submitted to the Exchange for execution through the BOX Order Gateway (“BOG”).

    Specifically, the Exchange proposes to add Section II.D “Strategy QOO Fee Cap” where manual transactions fees will be capped at $700 for all reversal, conversion, jelly roll, and box spread strategies 6 executed on the same trading day in the same option class. QOO Order fees in these combined Strategies will further be capped at $25,000 per month per Participant. The Exchange then proposes to specify that executions subject to the Strategy QOO Order Fee Cap will not be subject to the Broker Dealer manual transaction fee cap of $75,000 per month in Section II.A, and the QOO Order Rebate outlined in Section II.C.

    6 A “reversal strategy” is established by combining a short security position with a short put and a long call position that shares the same strike and expiration. A “conversion strategy” is established by combining a long position in the underlying security with a long put and a short call position that shares the same strike and expiration. A “jelly roll strategy” is created by entering into two separate positions simultaneously. One position involves buying a put and selling a call with the same strike price and expiration. The second position involves selling a put and buying a call, with the same strike price, but with a different expiration from the first position. A “box spread strategy” is a strategy that synthesizes long and short stock positions to create a profit. Specifically, a long call and short put at one strike is combined with a short call and long put at a different strike to create synthetic long and synthetic short stock positions, respectively. These definitions are identical to the terms defined in the Chicago Board Options Exchange, Inc. (“CBOE”) Fee Schedule; NYSE American Options Fee Schedule “(“NYSE”) and Phlx Pricing Schedule (“PHLX”), Strategy Caps on Multiply Listed Options Fees.

    2. Statutory Basis

    The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, in general, and Section 6(b)(4) and 6(b)(5) of the Act,7 in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among BOX Participants and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.

    7 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes that the proposed Strategy QOO Order fee cap is reasonable and appropriate. The proposed fee cap of $700 per day for certain strategies executed on the same trading day in the same option class; and $25,000 per month per Participant are the same amount strategy fee caps at a competing exchanges with an open outcry trading floor.8 Further, the Exchange believes that this proposed fee cap is equitable and not unfairly discriminatory because it provides incentives for all Participants to submit certain strategy orders to the BOX Trading Floor, which brings increased liquidity and order flow to the floor for the benefit of all market participants. Finally, the Exchange believes it is reasonable, equitable and not unfairly discriminatory to exempt all transactions subject to the Strategy QOO Fee Cap from the Broker Dealer monthly QOO fee cap and the QOO Order Rebate as additional incentives for these orders will no longer be necessary.

    8See CBOE Fee Schedule Footnote 13; NYSE Fee Schedule, Limit of Fees on Options Strategy Executions on page 18; and Phlx Pricing Schedule, Strategy Caps on Multiply Listed Options Fees.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. Further, the Exchange does not believe that capping the fees for certain Strategy QOO Orders will impose an undue burned on intra-market competition because all Floor Participants are eligible for the fee cap. Further, the Exchange believes that the fee cap will promote competition by allowing the Exchange to remain competitive with other exchanges with open outcry trading floors.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Exchange Act 9 and Rule 19b-4(f)(2) thereunder,10 because it establishes or changes a due, or fee.

    9 15 U.S.C. 78s(b)(3)(A)(ii).

    10 17 CFR 240.19b-4(f)(2).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BOX-2017-32 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BOX-2017-32. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BOX-2017-32, and should be submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11

    11 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22389 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-81850; File No. SR-BOX-2017-31] Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend the Fee Schedule To Update Certain Fees Assessed Under Section VI.A (Connectivity Fees) October 11, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (the “Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on September 29, 2017, BOX Options Exchange LLC (the “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III below, which Items have been prepared by the Exchange. The Exchange filed the proposed rule change pursuant to Section 19(b)(3)(A)(ii) of the Act,3 and Rule 19b-4(f)(2) thereunder,4 which renders the proposal effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A)(ii).

    4 17 CFR 240.19b-4(f)(2).

    I. Self-Regulatory Organization's Statement of the Terms of the Substance of the Proposed Rule Change

    The Exchange is filing with the Securities and Exchange Commission (“Commission”) a proposed rule change to amend the Fee Schedule [sic] to amend the Fee Schedule to update certain fees assessed under Section VI.A (Connectivity Fees). While changes to the fee schedule pursuant to this proposal will be effective upon filing, the changes will become operative on October 2, 2017. The text of the proposed rule change is available from the principal office of the Exchange, at the Commission's Public Reference Room and also on the Exchange's Internet Web site at http://boxexchange.com.

    II. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. The Exchange has prepared summaries, set forth in Sections A, B, and C below, of the most significant aspects of such statements.

    A. Self-Regulatory Organization's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The Exchange proposes to amend the Fee Schedule for trading on BOX to update the connectivity fees that are assessed on market participants.

    Section VI.A. of the BOX Fee Schedule “Connectivity Fees”, was created to detail the fees applicable to market participants who connect to the BOX market network at Point of Presence (“PoP”) sites. These sites are owned and operated by third-party external vendors, and the fees listed in this section are meant to encompass the fees that could be charged based on each market participant's particular configuration. BOX does not assess Connectivity Fees; these fees are assessed by the datacenters and are billed directly to the market participant. Connectivity fees can include one-time set-up fees and monthly fees charged by the third-party vendor in exchange for the services provided to the market participant.

    The Exchange proposes to update the fees applicable for the datacenters where market participants may connect to the BOX network: NY4, owned and operated by Equinix; and 65 Broadway, owned and operated by 365 Main; and the connectivity fees applicable, depending upon connection type. Market participants are currently assessed the following fees when connecting to the BOX network:

    Connection Type NY4 One-time
  • set-up
  • Monthly 65 Broadway One-time
  • set-up
  • Monthly
    POTS $100 $25 $50 $25 Ethernet N/A N/A 250 175 T1 500 100 250 175 Cat 5/6 500 245 250 175 COAX 500 245 250 200 Single & Multi Mode Fiber 500 350 500 250 Extended Cross Connect 1,000 750 500 400 Intra-Customer Cross Connect 500 0 N/A N/A

    The Exchange proposes to remove the Extended Cross Connection Type for NY4 datacenter. Additionally, the Exchange proposes to amend the T1 monthly fee at NY4 from $100 to $245. As such, the fees will be as follows:

    Connection Type NY4 One-time
  • set-up
  • Monthly 65 Broadway One-time
  • set-up
  • Monthly
    POTS $100 $25 $50 $25 Ethernet N/A N/A 250 175 T1 500 245 250 175 Cat 5/6 500 245 250 175 COAX 500 245 250 200 Single & Multi Mode Fiber 500 350 500 250 Extended Cross Connect N/A N/A 500 400 Intra-Customer Cross Connect 500 0 N/A N/A
    2. Statutory Basis

    The Exchange believes that the proposal is consistent with the requirements of Section 6(b) of the Act, in general, and Section 6(b)(4) and 6(b)(5)of the Act,5 in particular, in that it provides for the equitable allocation of reasonable dues, fees, and other charges among BOX Participants and other persons using its facilities and does not unfairly discriminate between customers, issuers, brokers or dealers.

    5 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes it is reasonable, equitable and not unfairly discriminatory to state that connectivity fees are assessed on all market participants that establish connections to BOX through a third-party and that these fees will be billed directly to the market participant. The Exchange believes that the proposed amendments to Section VI.A. of the Fee Schedule are reasonable as they simply reflect the fee changes made by the datacenters, changes which the Exchange has no control over.

    Further, the Exchange believes that the proposed Connectivity Fees constitute an equitable allocation of fees, and are not unfairly discriminatory, as all similarly situated market participants are charged the same amount depending on the services they receive.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. The Exchange believes that the proposed amendments to the Fee Schedule will not impose a burden on competition among various Exchange Participants. The proposed change is designed to provide greater specificity and clarity within the Fee Schedule and does not place any Participants at a disadvantage compared to other Participants. Further, the Exchange does not believe this rule change will have an impact on intermarket competition.

    C. Self-Regulatory Organization's Statement on Comments on the Proposed Rule Change Received From Members, Participants, or Others

    No written comments were either solicited or received.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    The foregoing rule change has become effective pursuant to Section 19(b)(3)(A)(ii) of the Exchange Act 6 and Rule 19b-4(f)(2) thereunder,7 because it establishes or changes a due, or fee.

    6 15 U.S.C. 78s(b)(3)(A)(ii).

    7 17 CFR 240.19b-4(f)(2).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend the rule change if it appears to the Commission that the action is necessary or appropriate in the public interest, for the protection of investors, or would otherwise further the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or

    • Send an email to [email protected] Please include File Number SR-BOX-2017-31 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BOX-2017-31. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BOX-2017-31, and should be submitted on or before November 7, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.8

    8 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-22388 Filed 10-16-17; 8:45 am] BILLING CODE 8011-01-P
    SMALL BUSINESS ADMINISTRATION Svoboda Capital Fund IV SBIC, L.P.; License No. 05/05-0327; Notice Seeking Exemption Under Section 312 of the Small Business Investment Act, Conflicts of Interest

    Notice is hereby given that Svoboda Capital Fund IV SBIC, L.P., One North Franklin Street, Suite 1500, Chicago, IL 60606, a Federal Licensee under the Small Business Investment Act of 1958, as amended (“the Act”), in connection with the financing of a small concern, has sought an exemption under Section 312 of the Act and Section 107.730, Financings which Constitute Conflicts of Interest of the Small Business Administration (“SBA”) Rules and Regulations (13 CFR 107.730). Svoboda Capital Fund IV SBIC, L.P. proposes to provide equity security financing to Estate Cheese Group, LLC (d/b/a Sonoma Creamery), 21750th Street East, Sonoma, CA 95476 (“Sonoma”).

    The financing is brought within the purview of § 107.730(a) and (d) of the Regulations because Svoboda Capital Fund IV, L.P., an Associate of Svoboda Capital Fund IV SBIC, L.P., owns more than ten percent of Sonoma, and therefore this transaction is considered a financing of an Associate requiring prior SBA approval.

    Notice is hereby given that any interested person may submit written comments on the transaction, within fifteen days of the date of this publication, to the Associate Administrator for Investment, U.S. Small Business Administration, 409 Third Street SW., Washington, DC 20416.

    Dated: September 6, 2017. A. Joseph Shepard, Associate Administrator, Office of Investment and Innovation.
    [FR Doc. 2017-22397 Filed 10-16-17; 8:45 am] BILLING CODE P
    SMALL BUSINESS ADMINISTRATION [Disaster Declaration #15340 and #15341; South Carolina Disaster Number SC-00050] Administrative Declaration of a Disaster for the State of South Carolina AGENCY:

    U.S. Small Business Administration.

    ACTION:

    Notice.

    SUMMARY:

    This is a notice of an Administrative declaration of a disaster for the State of South Carolina dated 10/05/2017.

    Incident: Hurricane Irma.

    Incident Period: 09/06/2017 through 09/13/2017.

    DATES:

    Issued on 10/05/2017.

    Physical Loan Application Deadline Date: 12/04/2017.

    Economic Injury (EIDL) Loan Application Deadline Date: 07/05/2018.

    ADDRESSES:

    Submit completed loan applications to: U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

    FOR FURTHER INFORMATION CONTACT:

    A. Escobar, Office of Disaster Assistance, U.S. Small Business Administration, 409 3rd Street SW., Suite 6050, Washington, DC 20416, (202) 205-6734.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that as a result of the Administrator's disaster declaration, applications for disaster loans may be filed at the address listed above or other locally announced locations.

    The following areas have been determined to be adversely affected by the disaster:

    Primary Counties: Beaufort, Jasper. Contiguous Counties: South Carolina: Colleton, Hampton. Georgia: Chatham, Effingham.

    The Interest Rates are:

    Percent For Physical Damage: Homeowners with Credit Available Elsewhere 3.500 Homeowners without Credit Available Elsewhere 1.750 Businesses with Credit Available Elsewhere 6.610 Businesses without Credit Available Elsewhere 3.305 Non-Profit Organizations with Credit Available Elsewhere 2.500 Non-Profit Organizations without Credit Available Elsewhere 2.500 For Economic Injury: Businesses & Small Agricultural Cooperatives without Credit Available Elsewhere 3.305 Non-Profit Organizations without Credit Available Elsewhere 2.500

    The number assigned to this disaster for physical damage is 15340 8 and for economic injury is 15341 0.

    The States which received an EIDL Declaration # are South Carolina, Georgia.

    (Catalog of Federal Domestic Assistance Number 59008) Linda E. McMahon, Administrator.
    [FR Doc. 2017-22396 Filed 10-16-17; 8:45 am] BILLING CODE 8025-01-P
    DEPARTMENT OF STATE [Public Notice: 10165] Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “The Arch of Titus—From Jerusalem to Rome, and Back” Exhibition SUMMARY:

    Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition “The Arch of Titus—from Jerusalem to Rome, and Back,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at the Yeshiva University Museum, New York, New York, from on or about October 27, 2017, until on or about January 14, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

    FOR FURTHER INFORMATION CONTACT:

    For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: [email protected]). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

    SUPPLEMENTARY INFORMATION:

    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register.

    Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.
    [FR Doc. 2017-22409 Filed 10-16-17; 8:45 am] BILLING CODE 4710-05-P
    DEPARTMENT OF STATE [Public Notice: 10169] Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Painted in Mexico, 1700-1790: Pinxit Mexici” Exhibition SUMMARY:

    Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition “Painted in Mexico, 1700-1790: Pinxit Mexici,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at the Los Angeles County Museum of Art, Los Angeles, California, from on or about November 19, 2017, until on or about March 18, 2018, at The Metropolitan Museum of Art, New York, New York, from on or about April 24, 2018, until on or about July 22, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

    FOR FURTHER INFORMATION CONTACT:

    For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: [email protected]). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

    SUPPLEMENTARY INFORMATION:

    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register.

    Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.
    [FR Doc. 2017-22455 Filed 10-16-17; 8:45 am] BILLING CODE 4710-05-P
    DEPARTMENT OF STATE [Public Notice 10172] Notice of Public Meeting SUMMARY:

    As required by the Federal Advisory Committee Act, Public Law 92-463, the Department of State gives notice of a meeting of the Advisory Committee on International Postal and Delivery Services. This Committee will meet on Wednesday, November 1, 2017, from 1:00 p.m. to 5:00 p.m. Eastern Time in the American Institute of Architects Board Room at 1735 New York Avenue NW., Washington, DC 20006.

    Any member of the public interested in providing input to the meeting should contact Ms. Shereece Robinson, whose contact information is listed below (see the “for further information” section of this notice). Each individual providing oral input is requested to limit his or her comments to five minutes. Requests to be added to the speakers list must be received in writing (letter or email) prior to the close of business on Wednesday, October 25, 2017; written comments from members of the public for distribution at this meeting must reach Ms. Robinson by letter or email on this same date. A member of the public requesting reasonable accommodation should also make his/her request to Ms. Robinson by October 25. Requests received after that date will be considered but might not be able to be fulfilled.

    The agenda of the meeting will include Universal Postal Union Postal Operations Council and Council of Administration fall session outcomes and implementation of the Integrated Product Plan to modernize and integrate the UPU's international mail product categories and associated remuneration systems.

    FOR FURTHER INFORMATION CONTACT:

    Please contact Ms. Shereece Robinson of the Office of Specialized and Technical Agencies (IO/STA), Bureau of International Organization Affairs, U.S. Department of State, at tel. (202) 663-2649, by email at [email protected], or by mail at IO/STA, Suite L-409 SA-1; U.S. Department of State; Washington, DC 20522.

    Joseph P. Murphy, Designated Federal Officer, Advisory Committee on International Postal and Delivery Services, Office of Specialized and Technical Agencies, Bureau of International Organization Affairs, Department of State.
    [FR Doc. 2017-22488 Filed 10-16-17; 8:45 am] BILLING CODE 4710-19-P
    DEPARTMENT OF STATE [Public Notice: 10158] 30-Day Notice of Proposed Information Collection: Individual, Corporate or Foundation, and Government Donor Letter Applications AGENCY:

    Department of State.

    ACTION:

    Notice of request for public comment and submission to OMB of proposed collection of information.

    SUMMARY:

    The Department of State has submitted the information collection described below to the Office of Management and Budget (OMB) for approval. In accordance with the Paperwork Reduction Act of 1995 we are requesting comments on this collection from all interested individuals and organizations. The purpose of this Notice is to allow 30 days for public comment.

    DATES:

    Submit comments directly to the Office of Management and Budget (OMB) up to November 16, 2017.

    ADDRESSES:

    Direct comments to the Department of State Desk Officer in the Office of Information and Regulatory Affairs at the Office of Management and Budget (OMB). You may submit comments by the following methods:

    Email: [email protected] You must include the DS form number, information collection title, and the OMB control number in the subject line of your message.

    Fax: 202-395-5806. Attention: Desk Officer for Department of State.

    FOR FURTHER INFORMATION CONTACT:

    Direct requests for additional information regarding the collection listed in this notice, including requests for copies of the proposed collection instrument and supporting documents, to Chanel Wallace, who may be reached on (202) 647-7730 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title of Information Collection: Individual, Corporate or Foundation and Government Donor Letter Applications.

    OMB Control Number: 1405-0218.

    Type of Request: Extension of a Currently Approved Collection.

    Originating Office: Office of Emergencies in the Diplomatic and Consular Service (M/EDCS).

    Form Number: Individual (DS-4273), Donor Form—Corporate or Foundation (DS-4272), and Donor Form—Government (DS-4271).

    Respondents: Individuals, Corporations, or Foundations that make donations to the Department.

    Estimated Number of Respondents: 4,333.

    Estimated Number of Responses: 4,333.

    Average Time per Response: 5 minutes.

    Total Estimated Burden Time: 361 hours.

    Frequency: On occasion.

    Obligation To Respond: Mandatory.

    We are soliciting public comments to permit the Department to:

    • Evaluate whether the proposed information collection is necessary for the proper functions of the Department.

    • Evaluate the accuracy of our estimate of the time and cost burden for this proposed collection, including the validity of the methodology and assumptions used.

    • Enhance the quality, utility, and clarity of the information to be collected.

    • Minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of information technology.

    Please note that comments submitted in response to this Notice are public record. Before including any detailed personal information, you should be aware that your comments as submitted, including your personal information, will be available for public review.

    Abstract of proposed collection:

    The Office of Emergencies in the Diplomatic and Consular Service (EDCS) manages the solicitation and acceptance of gifts to the U.S. Department of State. The information requested via donor letters is a necessary first step to accepting donations. The information is sought pursuant to 22 U.S.C. 2697, 5 U.S.C. 7324 and 22 CFR, Part 3) and will be used by EDCS's Gift Fund Coordinator to demonstrate the donor's intention to donate either an in-kind or monetary gift to the Department. This information is mandatory and must be completed before the gift is received by the Department.

    Methodology:

    The information collection forms are available upon request. Donors can complete hard copies of the form, and mail to EDCS.

    Frances Gidez, Gift Funds Coordinator, M/EDCS, Department of State.
    [FR Doc. 2017-22418 Filed 10-16-17; 8:45 am] BILLING CODE 4710-35-P
    DEPARTMENT OF STATE [Public Notice: 10167] Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Murillo: The Self-Portraits” Exhibition SUMMARY:

    Notice is hereby given of the following determinations: I hereby determine that certain objects to be included in the exhibition “Murillo: The Self-Portraits,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to loan agreements with the foreign owners or custodians. I also determine that the exhibition or display of the exhibit objects at The Frick Collection, New York, New York, from on or about November 1, 2017, until on or about February 4, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

    FOR FURTHER INFORMATION CONTACT:

    For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: [email protected]). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

    SUPPLEMENTARY INFORMATION:

    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register.

    Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.
    [FR Doc. 2017-22492 Filed 10-16-17; 8:45 am] BILLING CODE 4710-05-P
    DEPARTMENT OF STATE [Public Notice: 10170] Notice of Determinations; Culturally Significant Object Imported for Exhibition Determinations: “Laura Owens” Exhibition SUMMARY:

    Notice is hereby given of the following determinations: I hereby determine that a certain object to be included in the exhibition “Laura Owens,” imported from abroad for temporary exhibition within the United States, is of cultural significance. The object is imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit object at the Whitney Museum of American Art, New York, New York, from on or about November 10, 2017, until on or about February 4, 2018, at the Dallas Museum of Art, Dallas, Texas, from on or about March 25, 2018, until on or about July 29, 2018, at the Museum of Contemporary Art, Los Angeles, in Los Angeles, California, from on or about November 1, 2018, until on or about March 31, 2019, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

    FOR FURTHER INFORMATION CONTACT:

    For further information, including information identifying the object, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: [email protected]). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

    SUPPLEMENTARY INFORMATION:

    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register.

    Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.
    [FR Doc. 2017-22456 Filed 10-16-17; 8:45 am] BILLING CODE 4710-05-P
    DEPARTMENT OF STATE [Public Notice: 10163] Notice of Availability of the Draft Environmental Assessment and Preliminary Finding of No Significant Impact for the Borrego Pipeline Presidential Permit Application Review, Webb County, Texas AGENCY:

    Department of State.

    ACTION:

    Notice of availability; solicitation of comments.

    SUMMARY:

    The U.S. Department of State (Department) announces availability for public review and comment of the Draft Environmental Assessment (Draft EA) and the Preliminary Finding of No Significant Impact for the Borrego Pipeline Presidential Permit Application (Preliminary FONSI). These documents evaluate the potential environmental impacts of the construction, connection, operation, and maintenance of a proposed new pipeline at the U.S.- Mexico border in Webb County, Texas, by Borrego Crossing Pipeline, LLC (Borrego), a subsidiary of Howard Midstream Energy Partners, LLC (Howard Midstream).

    DATES:

    The public comment period starts on October 13, 2017, and will end November 13, 2017.

    ADDRESSES:

    Comments on the Draft EA and Preliminary FONSI may be submitted at www.regulations.gov by entering [DOS-2017-0039] or the title of this Notice into the search field and following the prompts. Comments may also be submitted by mail, addressed to: Jill Reilly, Office of Environmental Quality and Transboundary Issues (OES/EQT): Suite 2726, U.S. Department of State, 2201 C Street NW., Washington, DC 20520. All comments from agencies or organizations should indicate a contact person for the agency or organization.

    The Department invites the public, governmental agencies, tribal governments, and all other interested parties to provide comments on the Draft EA and Preliminary FONSI during the 30-day public comment period. All comments received during the review period may be made public, no matter how initially submitted. Comments are not private and will not be edited to remove identifying or contact information. Commenters are cautioned against including any information that they would not want publicly disclosed.

    Any party soliciting or aggregating comments from other persons is further requested to direct those persons not to include any identifying or contact information, or information they would not want publicly disclosed, in their comments.

    FOR FURTHER INFORMATION CONTACT:

    Jill Reilly, (202) 647-9798, [email protected] Project details for the Borrego Pipeline and copies of the Presidential permit application, as well as information on the Presidential permit process are available at the following: https://www.state.gov/e/enr/applicant/applicants/borregopipeline/index.htm. Please refer to this Web site or contact the Department at the address listed in the ADDRESSES section of this notice.

    SUPPLEMENTARY INFORMATION:

    The Department reviews Presidential permit applications under Executive Order (E.O.) 13337 and E.O. 14432. E.O. 13337 delegates to the Secretary of State the President's authority to receive applications for permits for the construction, connection, operation, or maintenance of facilities for the exportation or importation of petroleum, petroleum products, coal, or other fuels (except for natural gas), at the borders of the United States, and to issue or deny such Presidential permits upon a national interest determination.

    On August 12, 2016, Borrego submitted an application to the Department. The application requests a new Presidential permit that would authorize the construction, connection, operation and maintenance of facilities at the United States-Mexico border (border facilities) for the export to Mexico of refined petroleum products (including gasoline, premium gasoline, ultra-low sulfur diesel [ULSD] and jet fuels). The petroleum products would be transported through the new pipeline between a terminal in Laredo, Texas, and the existing Nuevo Laredo Terminal in Tamaulipas, Mexico.

    The Draft EA and Preliminary FONSI were prepared consistent with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. Section 4321, et seq.), the regulations of the Council on Environmental Quality (CEQ) (40 CFR part 1500-1508), and the Department's implementing regulations (22 CFR part 161).

    Availability of the Draft EA and Preliminary FONSI: Copies of the Draft EA and Preliminary FONSI have been distributed to state and Federal agencies, tribal governments and other interested parties. Printed copies of the document may be obtained by visiting the Main Laredo Public Library, 1120 E. Calton Road, Laredo, Texas, 78041, or by contacting the Borrego Project Manager at the above address. They are also available at https://www.state.gov/e/enr/applicant/applicants/borregopipeline/index.htm.

    Sezaneh Seymour, Acting Director, Office of Environmental Quality and Transboundary Issues, Department of State.
    [FR Doc. 2017-22411 Filed 10-13-17; 8:45 am] BILLING CODE 4710-09-P
    DEPARTMENT OF STATE [Public Notice: 10166] Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Caravaggio: Masterpieces From the Galleria Borghese” Exhibition SUMMARY:

    Notice is hereby given of the following determinations: I hereby determine that three objects to be included in the exhibition “Caravaggio: Masterpieces from the Galleria Borghese,” imported from abroad for temporary exhibition within the United States, are of cultural significance. The objects are imported pursuant to a loan agreement with the foreign owner or custodian. I also determine that the exhibition or display of the exhibit objects at The J. Paul Getty Museum at the Getty Center, Los Angeles, California, from on or about November 21, 2017, until on or about February 18, 2018, and at possible additional exhibitions or venues yet to be determined, is in the national interest.

    FOR FURTHER INFORMATION CONTACT:

    For further information, including a list of the imported objects, contact Elliot Chiu in the Office of the Legal Adviser, U.S. Department of State (telephone: 202-632-6471; email: [email protected]). The mailing address is U.S. Department of State, L/PD, SA-5, Suite 5H03, Washington, DC 20522-0505.

    SUPPLEMENTARY INFORMATION:

    The foregoing determinations were made pursuant to the authority vested in me by the Act of October 19, 1965 (79 Stat. 985; 22 U.S.C. 2459), E.O. 12047 of March 27, 1978, the Foreign Affairs Reform and Restructuring Act of 1998 (112 Stat. 2681, et seq.; 22 U.S.C. 6501 note, et seq.), Delegation of Authority No. 234 of October 1, 1999, Delegation of Authority No. 236-3 of August 28, 2000 (and, as appropriate, Delegation of Authority No. 257-1 of December 11, 2015). I have ordered that Public Notice of these determinations be published in the Federal Register.

    Alyson Grunder, Deputy Assistant Secretary for Policy, Bureau of Educational and Cultural Affairs, Department of State.
    [FR Doc. 2017-22410 Filed 10-16-17; 8:45 am] BILLING CODE 4710-05-P
    SURFACE TRANSPORTATION BOARD [Docket No. AB 1247; Docket No. AB 1248] Buckeye East Chicago Railroad LLC—Abandonment Exemption—in Lake County, Ind.; Landisville Railroad, LLC—Discontinuance Exemption—in Lake County, Ind.

    On September 27, 2017, Buckeye East Chicago Railroad LLC (BECR) and Landisville Railroad, LLC (Landisville) (collectively, Petitioners) jointly filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to abandon and discontinue, respectively, approximately 1.34 miles of rail line located within the East Chicago Transload Facility (Facility) at or near 400 East Columbus Drive in East Chicago, Lake County, Ind. (the Line). The Line traverses United States Postal Service ZIP Code 46312. Petitioners state the Line does not include stations other than the Facility and does not have milepost designations.

    According to Petitioners, Landisville exclusively provides transloading and interchange services on behalf of BECR to a connection with the Indiana Harbor Belt Railroad (IHBR). Petitioners state that Buckeye Terminals, LLC, the operator of the Facility, is the only shipper on the Line. Upon consummation of the proposed transaction, Petitioners state that IHBR would continue to pick up and deliver traffic to the Facility as a common carrier. Petitioners also state that Buckeye Terminals, which will be BECR's successor as owner of the Line, or Landisville, as a private contract operator to Buckeye Terminals, will move cars around the Facility and provide the transload services, but would do so over private track that would no longer be subject to the Board's jurisdiction. Petitioners state that no other customers have requested common carrier service from either BECR or Landisville.

    The parties state that Buckeye Partners, as the parent of both BECR and Buckeye Terminals, has consented to and supports the proposed abandonment and discontinuance. Petitioners state that Landisville is also willing to accommodate the abandonment of the Line by seeking discontinuance of its common carrier operating right over the Line.

    According to the Petitioners, the Line is stub-ended and therefore may not accommodate overhead traffic. The Petitioners state that, based on information in BECR's and Buckeye Terminals' possession, the Line does not contain federally granted rights-of-way. Any documentation in their possession will be made available promptly to those requesting it.

    The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).

    By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 12, 2018.

    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,800 filing fee. See 49 CFR 1002.2(f)(25).

    All interested persons should be aware that, following discontinuance and abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for interim trail use/rail banking under 49 CFR 1152.29 will be due no later than November 6, 2017. Each interim trail use request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27).

    All filings in response to this notice must refer to Docket Nos. AB 1247 and AB 1248 and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001; (2) Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue NW., Suite 800, Washington, DC 20036; and (3) Eric M. Hocky, Clark Hill PLC, One Commerce Square, 2005 Market Street, Suite 1000, Philadelphia, PA 19102. Replies to the petition are due on or before November 6, 2017.

    Persons seeking further information concerning abandonment or discontinuance procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment or discontinuance regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.

    An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service.

    Board decisions and notices are available on our Web site at WWW.STB.GOV.

    By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.

    Decided: October 12, 2017. Tammy Lowery, Clearance Clerk.
    [FR Doc. 2017-22465 Filed 10-16-17; 8:45 am] BILLING CODE 4915-01-P
    SURFACE TRANSPORTATION BOARD [Docket No. AB 1249] Buckeye Hammond Railroad LLC—Abandonment Exemption—in Lake County, Ind.

    On September 27, 2017, Buckeye Hammond Railroad LLC (BHRR) filed with the Surface Transportation Board (Board) a petition under 49 U.S.C. 10502 for exemption from the prior approval requirements of 49 U.S.C. 10903 to abandon approximately 1.29 miles of rail line located within the Hammond Transload Facility (Facility) in Hammond, Lake County, Ind., traversing United States Postal Service Zip Codes 46320 and 46312 (the Line). BHRR states that the Line does not include stations other than the Facility and does not have milepost designations.

    According to BHRR, Buckeye Terminals, LLC, is the only shipper on the Line, which is used exclusively for transloading and interchange with the Indiana Harbor Belt Railroad (IHBR). Upon consummation of the proposed transaction, BHRR states that IHBR would continue to pick up and deliver traffic to the Facility as a common carrier. BHRR states that, Buckeye Terminals, which will be BHRR's successor as owner of the Line, or a contractor for Buckeye Terminals, would move cars around the Facility for its own internal use. According to BHRR, Buckeye Terminals would continue to receive and deliver traffic to IBHR at the property, but would do so over private track that would no longer be subject to this Board's jurisdiction. BHRR states that no other customers have requested common carrier service from BHRR.

    According to BHRR, the Line is stub-ended and therefore may not accommodate overhead traffic. BHRR states that, based on information in its and Buckeye Terminals' possession, the Line does not contain federally granted rights-of-way. Any documentation in their possession will be made available promptly to those requesting it.

    The interest of railroad employees will be protected by the conditions set forth in Oregon Short Line Railroad—Abandonment Portion Goshen Branch Between Firth & Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979).

    By issuing this notice, the Board is instituting an exemption proceeding pursuant to 49 U.S.C. 10502(b). A final decision will be issued by January 12, 2018.

    Any offer of financial assistance (OFA) under 49 CFR 1152.27(b)(2) will be due no later than 10 days after service of a decision granting the petition for exemption. Each OFA must be accompanied by a $1,800 filing fee. See 49 CFR 1002.2(f)(25).

    All interested persons should be aware that, following abandonment, the Line may be suitable for other public use, including interim trail use. Any request for a public use condition under 49 CFR 1152.28 or for interim trail use/rail banking under 49 CFR 1152.29 will be due no later than November 6, 2017. Each interim trail use request must be accompanied by a $300 filing fee. See 49 CFR 1002.2(f)(27).

    All filings in response to this notice must refer to Docket No. AB 1249 and must be sent to: (1) Surface Transportation Board, 395 E Street SW., Washington, DC 20423-0001; and (2) Charles A. Spitulnik, Kaplan Kirsch & Rockwell LLP, 1001 Connecticut Avenue NW., Suite 800, Washington, DC 20036. Replies to the petition are due on or before November 6, 2017.

    Persons seeking further information concerning abandonment procedures may contact the Board's Office of Public Assistance, Governmental Affairs, and Compliance at (202) 245-0238 or refer to the full abandonment regulations at 49 CFR part 1152. Questions concerning environmental issues may be directed to the Board's Office of Environmental Analysis (OEA) at (202) 245-0305. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.

    An environmental assessment (EA) (or environmental impact statement (EIS), if necessary) prepared by OEA will be served upon all parties of record and upon any agencies or other persons who comment during its preparation. Other interested persons may contact OEA to obtain a copy of the EA (or EIS). EAs in abandonment proceedings normally will be made available within 60 days of the filing of the petition. The deadline for submission of comments on the EA generally will be within 30 days of its service.

    Board decisions and notices are available on our Web site at WWW.STB.GOV.

    Decided: October 12, 2017.

    By the Board, Scott M. Zimmerman, Acting Director, Office of Proceedings.

    Tammy Lowery, Clearance Clerk.
    [FR Doc. 2017-22477 Filed 10-16-17; 8:45 am] BILLING CODE 4915-01-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2017-79] Petition for Exemption; Summary of Petition Received AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of petition for exemption received.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATES:

    Comments on this petition must identify the petition docket number involved and must be received on or before October 27, 2017.

    ADDRESSES:

    Send comments identified by docket number FAA-2017-0968 using any of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically.

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

    Hand Delivery or Courier: Take comments to Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: Fax comments to Docket Operations at 202-493-2251.

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

    Docket: Background documents or comments received may be read at http://www.regulations.gov at any time. Follow the online instructions for accessing the docket or go to the Docket Operations in Room W12-140 of the West Building Ground Floor at 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    FOR FURTHER INFORMATION CONTACT:

    Lynette Mitterer, AIR-673, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-1047; or Alphonso Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email [email protected]ov, phone (202) 267-4713.

    This notice is published pursuant to 14 CFR 11.85.

    Victor Wicklund, Manager, Transport Standards Branch. Petition for Exemption

    Docket No.: FAA-2017-0968.

    Petitioner: Boeing.

    Sections of 14 CFR Affected: §§ 25.959 and 25.1322(d)(1).

    Description of Relief Sought: To fully comply with the regulations for unusable fuel supply and flightcrew altering, a design improvement is needed to prevent an erroneous “Center Fuel Low” advisory message. A software update is required to correct the erroneous display of the message of the center fuel quantities above the level where center fuel pumps should be selected off. A time-limited exemption is sought to correct the issue without delay to the Boeing Model 767-2C certification. The exemption would be limited to a period ending on December 31, 2019.

    [FR Doc. 2017-22407 Filed 10-16-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Motor Carrier Safety Administration Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors AGENCY:

    Federal Motor Carrier Safety Administration (FMCSA), DOT.

    ACTION:

    Notice of Unified Carrier Registration Plan Board of Directors Meeting.

    TIME AND DATE:

    The meeting will be held on October 26, 2017, from 12:00 Noon to 3:00 p.m. Eastern Daylight Time.

    PLACE:

    This meeting will be open to the public via conference call. Any interested person may call 1-877-422-1931, passcode 2855443940, to listen and participate in this meeting.

    STATUS:

    Open to the public.

    MATTERS TO BE CONSIDERED:

    The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and, to that end, may consider matters properly before the Board.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565.

    Issued on: October 12, 2017. Larry W. Minor, Associate Administrator, Office of Policy, Federal Motor Carrier Safety Administration.
    [FR Doc. 2017-22580 Filed 10-13-17; 11:15 am] BILLING CODE 4910-EX-P
    DEPARTMENT OF TRANSPORTATION National Highway Traffic Safety Administration [Docket No. NHTSA-2017-0086] Automated Driving Systems: Voluntary Safety Self-Assessments; Public Workshop AGENCY:

    National Highway Traffic Safety Administration (NHTSA), U.S. Department of Transportation (DOT).

    ACTION:

    Notice of public workshop.

    SUMMARY:

    On September 12, 2017, NHTSA published Automated Driving Systems 2.0: A Vision for Safety. This voluntary guidance encourages entities involved in the testing and deployment of Automated Driving Systems on public roads to document for themselves how they are addressing safety. Further, the Guidance recommends that these same entities summarize their assessments and make it available to the public via Voluntary Safety Self-Assessments. NHTSA is announcing a public workshop to support entities that wish to make their self-assessment publicly available. The Agency emphasizes that the workshop is not intended to be a tutorial for a prescriptive document. NHTSA hopes to hear from entities if there are any challenges that would make it difficult for an entity to publicly disclose any portion of a Voluntary Safety Self-Assessment in a summary document, and discuss how those challenges might be overcome or mitigated. To provide the most benefit, this workshop will encourage active, focused participation.

    DATES:

    NHTSA will hold the public workshop on October 20, 2017, from 10 a.m. to 3 p.m., Eastern Standard Time. Check-in will begin at 9 a.m. Attendees should arrive early enough to enable them to go through security by 9:50 a.m. The formal docket comment period will close on December 18, 2017, but the Agency will continue to accept comments to the docket.

    ADDRESSES:

    The public workshop will be held at DOT Headquarters, located at 1200 New Jersey Avenue SE., Washington, DC 20590 (Green Line Metro station at Navy Yard) in the [Oklahoma City Conference Room]. This facility is accessible to individuals with disabilities.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about the public workshop, please contact NHTSA staff at [email protected] or Debbie Sweet at 202-366-7179.

    SUPPLEMENTARY INFORMATION:

    Registration is necessary for all attendees. Attendees should register online at https://docs.google.com/forms/d/e/1FAIpQLSeLcUn2Dw2fNWEa8f9zWh7NkleQgNv5GreVaP_I_Rv_sb6X8w/viewform?usp=sf_link by October 17, 2017. Please provide your name, email address, and affiliation. Also indicate whether you plan to participate actively in the workshop (speaking would be limited to 5 minutes per agenda topic), and whether you require accommodations such as a sign language interpreter. Space is limited, so advanced registration is highly encouraged.

    Docket: Docket NHTSA-2017-0086 is available for members of the public to submit written comments regarding the Voluntary Safety Self-Assessment as laid out in Automated Driving Systems 2.0: A Vision for Safety. The formal docket comment period will close on December 18, 2017, but the Agency will continue to accept comments to the docket. For access to the docket, go to http://www.regulations.gov at any time or to 1200 New Jersey Avenue SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal Holidays. Telephone: 202-366-9826.

    Privacy Act: Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review the DOT's complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), by visiting http://www.dot.gov/privacy.html.

    Background

    On September 20, 2016, NHTSA released and published for comment the Federal Automated Vehicles Policy. The comment period officially closed on November 22, 2016, but comments were considered through February 16, 2017. NHTSA analyzed the docket comments, public meeting proceedings and other stakeholder discussions, Congressional hearings, and State activities and published on September 12, 2017, Automated Driving Systems 2.0: A Vision for Safety. 1 This notice focuses on Section I of that document.

    1 Available at https://www.nhtsa.gov/sites/nhtsa.dot.gov/files/documents/13069a-ads2.0_090617_v9a_tag.pdf.

    Section 1: Voluntary Guidance for Automated Driving Systems (Voluntary Guidance) provides recommendations and suggestions for industry's consideration and discussion. This Voluntary Guidance includes no compliance requirement or enforcement mechanism. The purpose of this Voluntary Guidance is to support the industry as it develops best practices in the design, development, testing, and deployment of automated vehicle technologies. It is a non-regulatory approach to the safety of Automated Driving Systems (ADS) (SAE International automation Levels 3 through 5—Conditional, High, and Full Automation Systems).

    NHTSA offers the Voluntary Guidance to help designers of ADSs analyze, identify, and resolve safety considerations prior to deployment using their own industry and other best practices. The Voluntary Guidance outlines 12 safety elements which the Agency believes represent the consensus across the industry, that are generally considered to be the most salient design aspects to consider and address when developing, testing, and deploying ADSs on public roadways. Among these elements are vehicle cybersecurity, human machine interface, crashworthiness, consumer education and training, and post-crash ADS behavior. Within each safety design element, entities are encouraged to consider and document their use of industry standards, best practices, company policies, or other methods they have employed to provide for increased system safety in real-world conditions.

    In addition, the Voluntary Guidance encourages entities engaged in testing and deployment to prepare and publicly disclose Voluntary Safety Self-Assessments of their systems demonstrating their varied approaches to achieving safety. The Voluntary Safety Self-Assessment is intended to communicate to the public (particularly States and consumers) that entities are:

    (1) Considering the safety aspects of ADSs;

    (2) communicating and collaborating with DOT;

    (3) encouraging the self-establishment of industry safety norms for ADSs; and

    (4) building public trust, acceptance, and confidence through transparent testing and deployment of ADSs.

    It also allows companies an opportunity to showcase their approach to safety, without needing to reveal proprietary intellectual property. NHTSA expects much of the work associated with the consideration of the 12 safety elements in the Voluntary Guidance to be an extension of good and safe engineering practices already in place within an entity, therefore entities will have access to all the information needed to craft a Voluntary Safety Self-Assessment if they so choose. NHTSA envisions the Voluntary Safety Self-Assessments would contain concise summary information on these practices.

    Public Workshop Details

    With new information in the safety elements and a new means for disclosing an assessment summary to the public provided in Automated Driving Systems 2.0: A Vision for Safety, NHTSA is holding a public workshop to engage stakeholders and assist entities as they develop a Voluntary Safety Self-Assessment as well as clarify and address concerns for those entities looking to disclose such information to the public.

    The public workshop will include representatives from entities developing a Voluntary Safety Self-Assessment, States looking to review Voluntary Safety Self-Assessments, members of the public interested in reading the Voluntary Safety Self-Assessments to understand the steps taken to address the safety of ADSs, and other Voluntary Safety Self-Assessment users. The open discussion among these interested parties will serve to assist in the development of the most broadly beneficial Voluntary Safety Self-Assessment. Discussion at the workshop will include:

    (1) How entities might summarize efforts they already undertake in addressing the safety elements provided in the Voluntary Guidance;

    (2) challenges entities face in developing their summary statements for the Voluntary Safety Self-Assessment and the means to overcome them;

    (3) information helpful to stakeholders looking to use the Voluntary Safety Self-Assessment; and

    (4) methods by which an entity may publicly disclose the Voluntary Safety Self-Assessment.

    A template of the types of summary information an entity might provide in a Voluntary Safety Self-Assessment is provided below. The example is being provided as an effort to offer assistance in the development of a Voluntary Safety Self-Assessment and to guide discussion during the public workshop. This template illustrates the type of summary information that may be provided for the safety element of Crashworthiness, just one of the 12 safety elements presented in the Voluntary Guidance. The details in the template are based on a fictitious vehicle and provided for illustration, guidance, and discussion purposes only. This fictitious vehicle is one that has received necessary exemptions from NHTSA. It is a Level 4 ride-share vehicle with four seats and two large doors. We are providing one safety element example for the template, however all safety elements are open for discussion at the public workshop. Stakeholders are encouraged to review this information and determine how this aligns with their ideas regarding the development of a Voluntary Safety Self-Assessment.

    Crashworthiness Structural Integrity

    • Summary of crash simulation scenarios, component testing, and physical tests.

    • Summary of bench marks for testing.

    Protection of Occupants in the Vehicle

    • Summary information about how the vehicle design leverages industry best practices and internal standards for crashworthiness.

    • If the vehicle contains a non-traditional seating configuration, include summary information related to the following:

    ○ Protection for the occupants expected to use the vehicle.

    ○ Testing and countermeasures related to crash impact protection and the impact directions considered.

    ○ If appropriate, discussion of methods related to rollover protection.

    • If the vehicle will transport children (those under age 12), a summary of child passenger safety measures to address:

    ○ Child occupant detection and accommodations;

    ○ Car seat use: Anchors, tethers, designated seat locations; and

    ○ Booster seat use and designated seat locations.

    Protection of Other Road Users

    • Summary information of how the vehicle considers crash forces from other road vehicles or the infrastructure.

    • Summary information of how the vehicle seeks to mitigate injuries to pedestrians and other vulnerable road users.

    The public workshop is formatted for active participation and open discussion. The intention is to seek input from stakeholders to provide the greatest assistance to entities to develop a Voluntary Safety Self-Assessment. NHTSA will begin the workshop with a presentation of the safety elements included in the Automated Driving Systems 2.0: A Vision for Safety, the Voluntary Safety Self-Assessment and its content, and the template provided in this notice. Participants should be prepared to discuss their reaction to the template. Further discussion at the public workshop may include other safety elements as well as public disclosure of the Voluntary Assessment.

    NHTSA will conduct the public workshop informally; thus, technical rules of evidence will not apply. We will arrange for a written transcript of the workshop. You may make arrangements for copies of the transcripts directly with the court reporter. The transcript will also be posted in the docket when it becomes available.

    Should it be necessary to cancel the workshop due to inclement weather or other emergency, NHTSA will take all available measures to notify registered participants.

    Draft Workshop Agenda 9-10 a.m. Arrival/Check-In through Security 10-10:10 a.m. Welcome/Important Notices 10:10-10:30 a.m. NHTSA Presentation 10:30-12 a.m. Presentation by Stakeholder Representatives 12 a.m.-1 p.m. Lunch (not provided) 1-1:45 p.m. Open Discussion Regarding Challenges to Disclosure 1:45-2:30 p.m. Open Discussion Regarding Approaches to Public Disclosure 2:30-2:50 p.m. Open Discussion 2:50-3 p.m. Closing Remarks/Adjourn

    Issued in Washington, DC, under authority delegated by 49 CFR 1.95.

    Nathaniel Beuse, Associate Administrator for Vehicle Safety Research.
    [FR Doc. 2017-22058 Filed 10-16-17; 8:45 am] BILLING CODE 4910-59-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Information Collection; Comment Request AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

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

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to L. Brimmer, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or at [email protected]

    Please send separate comments for each specific information collection listed below. You must reference the information collection's title, form number, reporting or record-keeping requirement number, and OMB number (if any) in your comment. Requests for additional information, or copies of the information collection and instructions, or copies of any comments received, contact Elaine Christophe, at Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Request for Comments

    The Internal Revenue Service, as part of their continuing effort to reduce paperwork and respondent burden, invite the general public and other Federal agencies to take this opportunity to comment on these continuing information collections listed below in this notice, as required by the Paperwork Reduction Act of 1995.

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in our request for Office of Management and Budget (OMB) approval of the relevant information collection. All comments will become a matter of public record. Please do not include any confidential or inappropriate material in your comments. We invite comments on: (a) Whether the collection of information is necessary for the proper performance of the agency's functions, including whether the information has 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 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 the requested information. The IRS is seeking comments concerning the following forms, and reporting and record-keeping requirements:

    1. Title: Request for Change in Plan/Trust Year.

    OMB Number: 1545-0201.

    Form Number: 5308.

    Abstract: Form 5308 is used to request permission to change the plan or trust year for a pension benefit plan. The information submitted is used in determining whether IRS should grant permission for the change.

    Current Actions: There are no changes being made to the form at this time.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 480.

    Estimated Time per Respondent: 42 minutes.

    Estimated Total Annual Burden Hours: 339.

    2. Title: Disclosure of Tax Return Information for Purposes of Quality or Peer Reviews, Disclosure of Tax Return Information Due to Incapacity or Death of Tax Return Preparer.

    OMB Number: 1545-1209.

    Regulation Project Number: TD 8383 (Final).

    Abstract: These regulations govern the circumstances under which tax return information may be disclosed for purposes of conducting quality or peer reviews, and disclosures that are necessary because of the tax return preparer's death or incapacity.

    Current Actions: There is no change to this existing regulation.

    Type of Review: Extension of currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 250,000.

    Estimated Time per Respondent: 1 hour.

    Estimated Total Annual Burden Hours: 250,000.

    3. Title: Limitations on Credit or Refund.

    OMB Number: 1545-1649.

    Revenue Procedure Number: Revenue Procedure 99-21.

    Abstract: Generally, under section 6511(a), a taxpayer must file a claim for credit or refund of tax within three years after the date of filing a tax return or within two years after the date of payment of the tax, whichever period expires later. Under section 6511(h), the statute of limitations on claims for credit or refund is suspended for any period of an individual taxpayer's life during which the taxpayer is unable to manage his or her financial affairs because of a medically determinable mental or physical impairment, if the impairment can be expected to result in death, or has lasted (or can be expected to last) for a continuous period of not less than 12 months.

    Current Actions: There are no changes being made to the revenue procedure at this time.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 48,200.

    Estimated Time per Respondent: 30 minutes.

    Estimated Total Annual Burden Hours: 24,100.

    4. Title: Discharge of Liens.

    OMB Number: 1545-0854.

    Regulation Project Number: T.D. 9410; Form 14497; Form 14498.

    Abstract: The Internal Revenue Service needs this information in processing a request to sell property subject to a tax lien to determine if the taxpayer has equity in the property. This information will be used to determine the amount, if any, to which the tax lien attaches.

    Current Actions: There is no change to this existing regulation. There is no change to Forms 14497 or 14498.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Individuals, business or other for-profit organizations, and farms.

    Estimated Number of Respondents: 500.

    Estimated Total Annual Burden Hours: 3,833.

    5. Title: Revision of Regulations Relating to Withholding of Tax on Certain U.S. Source Income Paid to Foreign Persons and Revision of Information Reporting Regulations.

    OMB Number: 1545-1484.

    Regulation Project Number: REG-242282-97 (TD 8881-final).

    Abstract: This regulation prescribes collections of information for foreign persons that received payments subject to withholding under sections 1441, 1442, 1443, or 6114 of the Internal Revenue Code. This information is used to claim foreign person status and, in appropriate cases, to claim residence in a country with which the United States has an income tax treaty in effect, so that withholding at a reduced rate of tax may be obtained at source. The regulation also prescribes collections of information for withholding agents. This information is used by withholding agents to report to the IRS income paid to a foreign person that is subject to withholding under Code sections 1441, 1442, and 1443. The regulation also requires that a foreign taxpayer claiming a reduced amount of withholding tax under the provisions of an income tax treaty must disclose its reliance upon a treaty provision by filing Form 8833 with its U.S. income tax return. The burden for Form 8833 is reported under 1545-1354.

    Current Actions: There is no change to this existing regulation.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations, individuals or households, not-for-profit institutions, farms, and Federal, state, local or tribal governments.

    The burden for the reporting requirements is reflected in the burden of Forms W-8BEN, W-8ECI, W-8EXP, W-8IMY, 1042, 1042S, 8233, 8833, and the income tax return of a foreign person filed for purposes of claiming a refund of tax.

    6. Title: Private Foundation Disclosure Rules.

    OMB Number: 1545-1655.

    Regulation Project Number: T.D. 8861.

    Abstract: The regulations relate to the public disclosure requirements described in section 6104(d) of the Internal Revenue Code. These final regulations implement changes made by the Tax and Trade Relief Extension Act of 1998, which extended to private foundations the same rules regarding public disclosure of annual information returns that apply to other tax-exempt organizations. These final regulations provide guidance for private foundations required to make copies of applications for recognition of exemption and annual information return available for public inspection and to comply with requests for copies of those documents.

    Current Actions: There is no change to this existing regulation.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Not-for-profit institutions.

    Estimated Number of Respondents: 65,065.

    Estimated total annual reporting burden: 32,596 hours.

    7. Title: Revenue Procedure 2002-32, Waiver of 60-Month Bar on Reconsolidation after Disaffiliation; Revenue Procedure 2006-21, to Eliminate Impediments to E-Filing Consolidated Returns and Reduce Reporting Requirements.

    OMB Number: 1545-1784.

    Revenue Procedure Numbers: 2002-32.

    Abstract: Revenue Procedure 2002-32 provides qualifying taxpayers with a waiver of the general rule of § 1504(a)(3)(A) of the Internal Revenue Code barring corporations from filing consolidated returns as a member of a group of which it had been a member for 60 months following the year of disaffiliation; Revenue Procedure 2006-21 modifies Rev. Proc. 89-56, 1989-2 C.B. 643, Rev. Proc. 90-39, 1990-2 C.B. 365, and Rev. Proc. 2002-32, 2002-20 IRB p.959, to eliminate impediments to the electronic filing of Federal income tax returns (e-filing) and to reduce the reporting requirements in each of these revenue procedures.

    Current Actions: There are no changes being made to these revenue procedures at this time.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated number of respondents: 20.

    The estimated annual burden per respondent varies from 2 hours to 8 hours, depending on individual circumstances, with an estimated average of 5 hours.

    Estimated total annual reporting burden: 100 hours.

    8. Title: Revision of Income Tax Regulations under Section 897, 1445, and 6109 to require use of Taxpayer Identifying Numbers on Submission under the Section 897 and 1445 regulations.

    OMB Number: 1545-1797.

    Regulation Project Number: REG-106876-00 (TD 9082).

    Abstract: The collection of information relates to applications for withholding certificates under Treas. Reg-1.1445-3 to be filed with the IRS with respect to (1) dispositions of U.S. real property interests that have been used by foreign persons as a principal residence within the prior 5 years and excluded from gross income under section 121 and (2) dispositions of U.S. real property interests by foreign persons in deferred like kind exchanges that qualify for nonrecognition under section 1031.

    Current Actions: There are no changes to this existing regulation.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Individuals or households and Business or other for-profit.

    Estimated Number of Respondents: 150.

    Estimated Total Annual Reporting Burden: 600 hours.

    Estimated Average Annual Burden per Respondent: 4 hours.

    9. Title: Guidance Regarding Qualified Intellectual Property Contributions.

    OMB Number: 1545-1937.

    Notice Number: Notice 2005-41.

    Abstract: Notice 2005-41 explains new rules governing charitable contributions of intellectual property made after June 3, 2004. The notice explains the method by which a donor of qualified intellectual property may notify the donee that the donor intends to treat the contribution as a qualified donation under section 170(m). Donors of qualified intellectual property will use the required notification as evidence that they have satisfied the section 170(m) notification requirement.

    Current Actions: There are no changes being made to the notice at this time.

    Type of Review: Extension of currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 30.

    Estimated Average Time per Respondent: 1 hour.

    Estimated Total Annual Burden Hours: 30.

    10. Title: Transfers by Domestic Corporations That Are Subject to Section 367(a)(5); Distributions by Domestic Corporations That Are Subject to Section 1248(f).

    OMB Number: 1545-2183.

    Regulation Project Number: TD 9614 and TD 9615.

    Abstract: Section 367(a)(5) now provides that a transfer of assets to a foreign corporation in an exchange described in section 361 is subject to section 367(a)(1), unless certain ownership requirements and other conditions are met. The regulations provide guidance regarding the application of this section.

    Current Actions: TD 9615 went final as TD 9760.

    Type of Review: Revision of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 305.

    Estimated Time per Respondent: 10.69 hours.

    Estimated Total Annual Burden Hours: 3260.

    The following paragraph applies to all of the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Approved: October 10, 2017. L. Brimmer, Senior Tax Analyst.
    [FR Doc. 2017-22404 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Taxpayer Advocacy Panel Joint Committee. AGENCY:

    Internal Revenue Service (IRS) Treasury.

    ACTION:

    Notice of meeting.

    SUMMARY:

    An open meeting of the Taxpayer Advocacy Panel Joint Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.

    DATES:

    The meeting will be held Friday, November 17, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Gretchen Swayzer at 1-888-912-1227 or 469-801-0769.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Joint Committee will be held Friday, November 17, 2017, at 11:00 a.m. Eastern Time via teleconference. The public is invited to make oral comments or submit written statements for consideration. For more information please contact: Gretchen Swayzer at 1-888-912-1227 or 469-801-0769, TAP Office, 4050 Alpha Rd., Farmers Branch, TX 75244, or contact us at the Web site: http://www.improveirs.org.

    The agenda will include various committee issues for submission to the IRS and other TAP related topics. The public input is welcomed.

    Dated: October 11, 2017. Antoinette Ross, Acting Director, Taxpayer Advocacy Panel.
    [FR Doc. 2017-22403 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Methods To Determine Taxable Income in Connection With a Cost Sharing Arrangement AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the methods to determine taxable income in connection with a cost sharing arrangement, IRC section 482.

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to Tuawana Pinkston, Internal Revenue Service, Room 6141, 1111 Constitution Avenue NW., Washington, DC 20224. Requests for additional information or copies of the regulations should be directed to R. Joseph Durbala, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington DC 20224, or through the internet, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Methods to Determine Taxable Income in connection with a Cost Sharing Arrangement—IRC section 482.

    OMB Number: 1545-1364.

    Regulation Project Number: TD 9568.

    Abstract: This document contains final regulations regarding methods to determine taxable income in connection with a cost sharing arrangement under section 482 of the Internal Revenue Code (Code). The final regulations address issues that have arisen in administering the current cost sharing regulations. The final regulations affect domestic and foreign entities that enter into cost sharing arrangements described in the final regulations.

    Current Actions: There is no change to the burden previously approved.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 500.

    Estimated Time per Respondent: 18 hrs., 42 min.

    Estimated Total Annual Burden Hours: 9,350.

    The following paragraph applies to all the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.

    Books or records relating to a collection of information must be retained if their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Desired Focus of Comments: The Internal Revenue Service (IRS) is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses.

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

    Approved: October 10, 2017. R. Joseph Durbala, IRS Tax Analyst.
    [FR Doc. 2017-22406 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Application for Determination of Employee Stock Ownership Plan AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the application process for determination of employee stock ownership plans.

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to Tuawana Pinkston, Internal Revenue Service, Room 6141, 1111 Constitution Avenue NW., Washington, DC 20224. Requests for additional information or copies of the regulations should be directed to R. Joseph Durbala, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at [email protected].

    SUPPLEMENTARY INFORMATION:

    Title: Application for Determination of Employee Stock Ownership Plan.

    OMB Number: 1545-0284.

    Regulation Project Number: Form 5309.

    Abstract: Internal Revenue Code section 404(a) allows employers an income tax deduction for contributions to their qualified deferred compensation plans. Form 5309 is used to request an IRS determination letter about whether the plan is qualified under Code section 409 or 4975(e)(7).

    Current Actions: There is no change to the burden previously approved.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: 2,500.

    Estimated Time per Respondent: 10 hours, 47 minutes.

    Estimated Total Annual Burden Hours: 26,975.

    The following paragraph applies to all the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.

    Books or records relating to a collection of information must be retained if their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Desired Focus of Comments: The Internal Revenue Service (IRS) is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses.

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

    Approved: October 10, 2017. R. Joseph Durbala, IRS Tax Analyst.
    [FR Doc. 2017-22437 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Regulation Project AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on continuing information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning the monthly tax return for wagers.

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to L. Brimmer, Internal Revenue Service, Room 6529, 1111 Constitution Avenue NW., Washington, DC 20224. Requests for additional information or copies of the form should be directed to Kerry Dennis, Internal Revenue Service, Room 6529, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Monthly Tax Return for Wagers.

    OMB Number: 1545-0235.

    Regulation Project Number: Form 730.

    Abstract: Form 730 is used to identify taxable wagers under Internal Revenue Code section 4401 and collect the tax monthly. The information is used to determine if persons accepting wagers are correctly reporting the amount of wagers and paying the required tax.

    Current Actions: There is no change to this existing form.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Businesses or other for-profit organizations and individuals.

    Estimated Number of Respondents: 51,082.

    Estimated Time Per Respondent: 8 hours, 11 minutes.

    Estimated Total Annual Burden Hours: 418,362.

    The following paragraph applies to all of the collections of information covered by this notice.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. 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.

    Approved: October 11, 2017. L. Brimmer, Senior Tax Analyst.
    [FR Doc. 2017-22405 Filed 10-16-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Extension of Information Collection Request Submitted for Public Comment; Mortgage Credit Certificates (MCCs) AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Internal Revenue Service, as part of its continuing effort to reduce paperwork and respondent burden, invites the public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. Currently, the IRS is soliciting comments concerning the application process for determination of employee stock ownership plans.

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to Tuawana Pinkston, Internal Revenue Service, Room 6141, 1111 Constitution Avenue NW., Washington, DC 20224. Requests for additional information or copies of the regulations should be directed to R. Joseph Durbala, at Internal Revenue Service, Room 6129, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet, at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Mortgage Credit Certificates (MCCs).

    OMB Number: 1545-0922.

    Regulation Project Number: Form 8329 and Form 8330.

    Abstract: Mortgage Credit Certificates provide qualified holders of the certificates with a credit against income tax liability. In general, an Issuer elects to establish a mortgage credit certificate program in lieu of issuing qualified mortgage revenue bonds. Section 25 of the Code permits states and political subdivisions to elect to issue Mortgage Credit Certificates in lieu of qualified mortgage revenue bonds. Form 8329 is used by lending institutions and Form 8330 is used by state and local governments to provide the IRS with information on the issuance of mortgage credit certificates (MCCs) authorized under Internal Revenue Code section 25. IRS matches the information supplied by lenders and issuers to ensure that the credit is computed properly.

    Current Actions: There is no change to the burden previously approved.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Business or other for-profit organizations.

    Estimated Number of Respondents: Form 8329—10,000; Form 8330—2,000

    Estimated Time per Respondent: Form 8329—5 hrs. 53 min.; Form 8330—7 hrs. 28 min.

    Estimated Total Annual Burden Hours: Form 8329—58,800; Form 8330—14,920.

    The following paragraph applies to all the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.

    Books or records relating to a collection of information must be retained if their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Desired Focus of Comments: The Internal Revenue Service (IRS) is particularly interested in comments that:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    • Enhance the quality, utility, and clarity of the information to be collected; and

    • Minimize the burden of the collection of information on those who are to respond, including using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., by permitting electronic submissions of responses.

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

    Approved: October 10, 2017. R. Joseph Durbala, IRS Tax Analyst.
    [FR Doc. 2017-22438 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8582 AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    The Internal Revenue Service (IRS), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning information collection requirements related to Passive Activity Loss Limitations.

    DATES:

    Written comments should be received on or before December 18, 2017 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to L. Brimmer, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224. Requests for additional information or copies of the regulation should be directed to Taquesha Cain, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Passive Activity Loss Limitations.

    OMB Number: 1545-1008.

    Form Number: 8582.

    Abstract: Internal Revenue Code section 469 limits the passive activity losses that a taxpayer may deduct. The passive activity losses from passive activities, to the extent that they exceed income from passive activities, cannot be deducted against nonpassive income. Form 8582 is used to figure the passive activity loss allowed and the actual loss to be reported on the tax returns.

    Current Actions: There is no change in the paperwork burden previously approved by OMB.

    Type of Review: Extension of a currently approved collection.

    Affected Public: Individuals or households, estates, and trusts.

    Estimated Number of Respondents: 250,000.

    Estimated Time per Respondent: 3 hours, 30 minutes.

    Estimated Total Annual Burden Hours: 875,000.

    The following paragraph applies to all of the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. 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.

    Approved: October 12, 2017.

    L. Brimmer, Senior Tax Analyst.
    [FR Doc. 2017-22402 Filed 10-16-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF VETERANS AFFAIRS [OMB Control No. 2900-0089] Agency Information Collection Activity Under OMB Review: Statement of Dependency of Parent(s) AGENCY:

    Veterans Benefits Administration, Department of Veterans Affairs.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA) of 1995, this notice announces that the Veterans Benefits Administration (VBA), Department of Veterans Affairs, will submit the collection of information abstracted below to the Office of Management and Budget (OMB) for review and comment. The PRA submission describes the nature of the information collection and its expected cost and burden and it includes the actual data collection instrument.

    DATES:

    Comments must be submitted on or before November 16, 2017.

    ADDRESSES:

    Submit written comments on the collection of information through www.Regulations.gov, or to Office of Information and Regulatory Affairs, Office of Management and Budget, Attn: VA Desk Officer; 725 17th St. NW., Washington, DC 20503 or sent through electronic mail to [email protected] Please refer to “OMB Control No. 2900-0089” in any correspondence.

    FOR FURTHER INFORMATION CONTACT:

    Cynthia Harvey-Pryor, Office of Quality, Privacy and Risk, Department of Veterans Affairs, 811 Vermont Avenue, Floor 5, Area 368, Washington, DC 20420, (202) 461-5870 or email [email protected] Please refer to “OMB Control No. 2900-0089” in any correspondence.

    SUPPLEMENTARY INFORMATION: Authority:

    38 U.S.C. 102, 38 U.S.C. 1315.

    Title: Statement of Dependency of Parent(s) VA Form 21P-509.

    OMB Control Number: 2900-0089.

    Type of Review: Reinstatement with change of a previously approved collection.

    Abstract: 38 U.S.C. 102 requires that income and dependency must be determined before benefits may be paid to, or for, a dependent parent. Regulatory authority is found in 38 CFR 3.4 and 38 CFR 3.250. Information is requested by this form under the authority of 38 U.S.C. 501(a)(2).

    VA Form 21P-509 is used by VBA to gather income and dependency information from claimants who are seeking payment of benefits as, or for, a dependent parent. This information is necessary to determine dependency of the parent and make determinations which affect the payment of monetary benefits. The form is used by a veteran seeking to establish his/her parent(s) as dependent(s), and by a surviving parent seeking death compensation.

    An agency may not conduct or sponsor, and a person is not required to respond to a collection of information unless it displays a currently valid OMB control number. The Federal Register Notice with a 60-day comment period soliciting comments on this collection of information was published at 82 FR 37168 on August 8, 2017.

    Affected Public: Individuals or Households.

    Estimated Annual Burden: 4,000.

    Estimated Average Burden per Respondent: 30 minutes.

    Frequency of Response: Once, ad hoc.

    Estimated Number of Respondents: 8,000.

    By direction of the Secretary.

    Cynthia Harvey-Pryor, Department Clearance Officer, Office of Quality, Privacy and Ris