Federal Register Vol. 82, No.219,

Federal Register Volume 82, Issue 219 (November 15, 2017)

Page Range52823-53395
FR Document

82_FR_219
Current View
Page and SubjectPDF
82 FR 52942 - Sunshine Act Meeting NoticePDF
82 FR 52896 - Sunshine Act Meeting NoticePDF
82 FR 52902 - Sunshine Act MeetingsPDF
82 FR 52949 - Product Change-Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service AgreementPDF
82 FR 52863 - Internet Communication Disclaimers; Extension of Comment PeriodPDF
82 FR 52826 - Airworthiness Criteria: Glider Design Criteria for DG Flugzeugbau GmbH Model DG-1000M GliderPDF
82 FR 52926 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 52906 - Federal Reserve Bank ServicesPDF
82 FR 52965 - Petition for Exemption; Summary of Petition ReceivedPDF
82 FR 52944 - Standard Review Plan for Spent Fuel Dry Storage Systems and FacilitiesPDF
82 FR 52895 - Agency Information Collection Activities; Comment Request; Fast Response Survey System (FRSS) 109: Teachers' Use of Technology for School and Homework Assignments-Preliminary ActivitiesPDF
82 FR 52967 - Bureau of the Fiscal Service; Senior Executive Service; Combined Performance Review Board (PRB)PDF
82 FR 52964 - 60-Day Notice of Proposed Information Collection: Refugee Biographic DataPDF
82 FR 52875 - Proposed Submission of Information Collection for OMB Review; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
82 FR 52846 - Disposal of Consumer Report Information and RecordsPDF
82 FR 52902 - Privacy Act of 1974; Systems of RecordsPDF
82 FR 52869 - Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related MattersPDF
82 FR 52963 - U.S. Advisory Commission on Public Diplomacy; Notice of MeetingPDF
82 FR 52965 - Wisconsin Central Ltd.-Discontinuance of Service Exemption-in Oneida and Marinette Counties, Wis.PDF
82 FR 52901 - Proposed Settlement Agreement, Clean Air Act Title V Permit AppealPDF
82 FR 52899 - Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Enel Green Power North America, Inc.PDF
82 FR 52881 - Meeting of the Columbia Basin Partnership Task Force of the Marine Fisheries Advisory CommitteePDF
82 FR 52881 - Marine Fisheries Advisory Committee MeetingPDF
82 FR 52933 - Meetings Announcement for the Physician-Focused Payment Model Technical Advisory Committee Required by the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA)PDF
82 FR 52934 - Delegation of AuthorityPDF
82 FR 52935 - Center for Substance Abuse Prevention; Notice of MeetingPDF
82 FR 52882 - Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing PermitPDF
82 FR 52849 - Fraser River Sockeye and Pink Salmon Fisheries; Inseason OrdersPDF
82 FR 52871 - Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management AreasPDF
82 FR 52876 - Notice of Public Meeting of the Louisiana Advisory Committee for a Meeting To Hear Public Testimony Regarding Civil Rights and Voter Accessibility in the StatePDF
82 FR 52877 - Notice of Public Meeting of the Minnesota Advisory CommitteePDF
82 FR 52851 - Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management PlanPDF
82 FR 52906 - Notice of Agreement FiledPDF
82 FR 52877 - Federal Economic Statistics Advisory Committee MeetingPDF
82 FR 52905 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 52939 - Carton-Closing Staples From China; Scheduling of the Final Phase of an Antidumping Duty InvestigationPDF
82 FR 52944 - Advisory Committee On Reactor Safeguards (ACRS); Meeting of the Acrs Subcommittee on Planning And Procedures; Notice of MeetingPDF
82 FR 52936 - Environmental Assessment and Finding of No Significant Impact for the Issuance of Depredation Permits for Double-Crested CormorantsPDF
82 FR 52830 - Airworthiness Directives; General Electric Company Turbofan EnginesPDF
82 FR 52894 - Agency Information Collection Activities: Comment RequestPDF
82 FR 52896 - MHK Distributed and Alternate Applications ForumPDF
82 FR 52945 - License Transfer From Exelon Generation Company, LLC to James A. FitzPatrick Nuclear Power PlantPDF
82 FR 52965 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Birds of a Feather: Joseph Cornell's Homage to Juan Gris” ExhibitionPDF
82 FR 52963 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Michel Sittow: Estonian Painter at the Courts of Renaissance Europe” ExhibitionPDF
82 FR 52964 - Notice of Determinations; Culturally Significant Objects Imported for Exhibition Determinations: “Outliers and American Vanguard Art” ExhibitionPDF
82 FR 52889 - Patent and Trademark Financial TransactionsPDF
82 FR 52949 - Investor Advisory Committee MeetingPDF
82 FR 52966 - Cooper Tire & Rubber Company, Grant of Petition for Decision of Inconsequential NoncompliancePDF
82 FR 52884 - Endangered and Threatened Species; Take of Anadromous FishPDF
82 FR 52927 - Agency Information Collection Activities; Proposed Collection; Comment Request; Infant Formula RequirementsPDF
82 FR 52848 - Treatment of Certain Transfers of Property to Foreign Corporations; CorrectionPDF
82 FR 52888 - Determination of Overfishing or an Overfished ConditionPDF
82 FR 52935 - Center for Scientific Review; Notice of Closed MeetingsPDF
82 FR 52890 - Agency Information Collection Activities Under OMB ReviewPDF
82 FR 52898 - Combined Notice of FilingsPDF
82 FR 52879 - Export Trade Certificate of ReviewPDF
82 FR 52943 - Request for Information-Interagency Arctic Research Policy Committee, Chaired by the National Science FoundationPDF
82 FR 52942 - Notice of Lodging of Consent Decree Under the Clean Air ActPDF
82 FR 52894 - Meeting of the Historically Black Colleges and Universities Capital Financing Advisory BoardPDF
82 FR 52941 - Importer of Controlled Substances Application: Anderson Brecon, Inc.PDF
82 FR 52971 - Agency Information Collection Activity: Community Residential Care Recordkeeping RequirementsPDF
82 FR 52862 - Emergency Preparedness Requirements for Small Modular Reactors and Other New TechnologiesPDF
82 FR 52934 - Agency Information Collection Request. 60-Day Public Comment RequestPDF
82 FR 52970 - Agency Information Collection Activity: Funeral ArrangementsPDF
82 FR 52972 - Agency Information Collection Activity: Ethics Consultation Feedback Tool (ECFT)PDF
82 FR 52972 - Agency Information Collection Activity Under OMB Review: Regulation for Submission of EvidencePDF
82 FR 52939 - Alaska Native Claims SelectionPDF
82 FR 52938 - Agency Information Collection Activities; Use and Occupancy Under the Mining LawsPDF
82 FR 52937 - Initial Classification and Extension of the Proposed Classification and Segregation for State In Lieu Selection, MontanaPDF
82 FR 52880 - President's Advisory Council on Doing Business in AfricaPDF
82 FR 52946 - Wolf Creek Generating Station: Consideration of Approval of Transfer of LicensePDF
82 FR 52968 - Proposed Collection; Comment Request for Regulation ProjectPDF
82 FR 52962 - Self-Regulatory Organizations; ICE Clear Europe Limited; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Amendments to the ICE Clear Europe Delivery ProceduresPDF
82 FR 52958 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on a Proposed Rule Change, as Modified by Amendment No. 1, To List and Trade Shares of the GraniteShares Silver Trust Under NYSE Arca Rule 8.201-EPDF
82 FR 52953 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution FeePDF
82 FR 52955 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution FeePDF
82 FR 52959 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Its Index Options Rules To Be More Clear and Conformed More Closely to Those of the Options Clearing Corporation (“OCC”) and Other ExchangesPDF
82 FR 52950 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution FeePDF
82 FR 52958 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule, as Modified by Amendment No. 1 Thereto, to List and Trade Shares of the GraniteShares Palladium Trust under NYSE Arca Rule 8.201-EPDF
82 FR 52927 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 52874 - Information Collection Request, Volunteer ProgramPDF
82 FR 52943 - Draft Environmental Impact Statement-South Mall Campus Master PlanPDF
82 FR 52969 - Proposed Collection; Comment Request for Form 4419.PDF
82 FR 52970 - Proposed Collection; Comment Request for Deductions and Reductions in Earnings and Profits (or Accumulated Profits) With Respect to Certain Foreign Deferred Compensation Plans Maintained by Certain Foreign Corporations or by Foreign Branches of Domestic CorporationsPDF
82 FR 52878 - Approval of Subzone Status; Lockheed Martin Corporation, Space Systems Company; Littleton, ColoradoPDF
82 FR 52878 - Foreign-Trade Zone 15-Kansas City, Missouri Application for Expansion Under Alternative Site FrameworkPDF
82 FR 52878 - Approval of Subzone Status; Gulfstream Aerospace Corporation; Dallas, TexasPDF
82 FR 52935 - Agency Information Collection Activities: Crewman's Landing PermitPDF
82 FR 52880 - Draft National Procedure for Permit Applications To Retain Releasable Rehabilitated Marine Mammals for Public DisplayPDF
82 FR 53374 - Health Education Assistance Loan (HEAL) ProgramPDF
82 FR 52873 - Verdeca LLC; Availability of a Petition for Determination of Nonregulated Status of Soybean Genetically Engineered for Increased YieldPDF
82 FR 52838 - Airworthiness Directives; the Boeing Company AirplanesPDF
82 FR 52941 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With or Without Change of a Currently Approved Collection; Investigator Integrity Questionnaire-ATF F 8620.7PDF
82 FR 52848 - Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying BenefitsPDF
82 FR 52832 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 52868 - Alaska; Hunting and Trapping in National PreservesPDF
82 FR 52863 - International Services Surveys: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign PersonsPDF
82 FR 52823 - Miscellaneous CorrectionsPDF
82 FR 52835 - Airworthiness Directives; The Boeing Company AirplanesPDF
82 FR 52827 - Airworthiness Directives; Rockwell Collins, Inc. Traffic Surveillance System Processing UnitPDF
82 FR 52844 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
82 FR 52976 - Medicare Program; Revisions to Payment Policies Under the Physician Fee Schedule and Other Revisions to Part B for CY 2018; Medicare Shared Savings Program Requirements; and Medicare Diabetes Prevention ProgramPDF
82 FR 52840 - Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) AirplanesPDF

Issue

82 219 Wednesday, November 15, 2017 Contents Agriculture Agriculture Department See

Animal and Plant Health Inspection Service

See

Farm Service Agency

Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Investigator Integrity Questionnaire, 52941 2017-24610 Animal Animal and Plant Health Inspection Service NOTICES Petitions: Verdeca LLC; Determination of Nonregulated Status of Soybean Genetically Engineered for Increased Yield, 52873-52874 2017-24634 Architectural Architectural and Transportation Barriers Compliance Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 52875-52876 2017-24729 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52894 2017-24699 Census Bureau Census Bureau NOTICES Meetings: Federal Economic Statistics Advisory Committee, 52877-52878 2017-24706 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Programs: Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2018; Medicare Shared Savings Program Requirements; and Medicare Diabetes Prevention Program, 52976-53371 2017-23953 Children Children and Families Administration NOTICES Delegations of Authority, 52934 2017-24718 Civil Rights Civil Rights Commission NOTICES Meetings: Louisiana Advisory Committee, 52876-52877 2017-24713 Minnesota Advisory Committee, 52877 2017-24712 Commerce Commerce Department See

Census Bureau

See

Economic Analysis Bureau

See

Foreign-Trade Zones Board

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

See

Patent and Trademark Office

Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52890-52893 2017-24683 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Anderson Brecon, Inc., 52941-52942 2017-24674 Economic Analysis Bureau Economic Analysis Bureau PROPOSED RULES International Services Surveys: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons, 52863-52868 2017-24422 Education Department Education Department RULES Health Education Assistance Loan Program, 53374-53395 2017-24636 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Teachers' Use of Technology for School and Homework Assignments—Preliminary Activities, 52895-52896 2017-24733 Meetings: Historically Black Colleges and Universities Capital Financing Advisory Board, 52894-52895 2017-24676 Energy Department Energy Department See

Energy Efficiency and Renewable Energy Office

See

Federal Energy Regulatory Commission

Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: MHK Distributed and Alternate Applications Forum, 52896 2017-24698 Environmental Protection Environmental Protection Agency NOTICES Proposed Administrative Settlement Agreement: Clean Water Act, 52899-52901 2017-24722 Proposed Settlement Agreements: Clean Air Act Title V Permit Appeal, 52901-52902 2017-24723 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Volunteer Program, 52874-52875 2017-24652 Federal Aviation Federal Aviation Administration RULES Airworthiness Criteria: Glider Design Criteria for DG Flugzeugbau GmbH Model DG-1000M Glider, 52826 2017-24742 Airworthiness Directives: 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes, 52840-52844 2017-22561 Airbus Airplanes, 52832-52835 2017-24501 Bombardier, Inc., Airplanes, 52844-52846 2017-23996 General Electric Company Turbofan Engines, 52830-52832 2017-24700 Rockwell Collins, Inc. Traffic Surveillance System Processing Unit, 52827-52830 2017-24066 The Boeing Company Airplanes, 52835-52840 2017-24164 2017-24624 NOTICES Petitions for Exemption; Summaries: Bombardier Inc., 52965-52966 2017-24735 Federal Communications Federal Communications Commission PROPOSED RULES Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters, 52869-52871 2017-24726 Federal Election Federal Election Commission PROPOSED RULES Internet Communication Disclaimers; Extension of Comment Period, 52863 2017-24747 NOTICES Meetings; Sunshine Act, 52902 2017-24785 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52898 2017-24682 Meetings; Sunshine Act, 52896-52898 2017-24794 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Privacy Act; Systems of Records, 52902-52905 2017-24727 Federal Maritime Federal Maritime Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52905-52906 2017-24705 Agreements Filed, 52906 2017-24708 Federal Reserve Federal Reserve System NOTICES Federal Reserve Bank Services, 52906-52926 2017-24736 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 52926-52927 2017-24653 2017-24740 Federal Trade Federal Trade Commission RULES Disposal of Consumer Report Information and Records, 52846-52848 2017-24728 Fiscal Fiscal Service NOTICES Senior Executive Service; Combined Performance Review Board, 52967-52968 2017-24731 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Issuance of Depredation Permits for Double-crested Cormorants, 52936-52937 2017-24702 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Infant Formula Requirements, 52927-52933 2017-24688 Foreign Trade Foreign-Trade Zones Board NOTICES Expansions under Alternative Site Framework: Foreign-Trade Zone 15, Kansas City, MO, 52878 2017-24646 Subzone Status; Approvals: Gulfstream Aerospace Corp., Dallas, TX, 52878 2017-24645 Lockheed Martin Corp., Space Systems Co., Littleton, CO, 52878-52879 2017-24647 Health and Human Health and Human Services Department See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

See

Substance Abuse and Mental Health Services Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52934-52935 2017-24671 Delegations of Authority, 52934 2017-24718 Meetings: Physician-Focused Payment Model Technical Advisory Committee, 52933 2017-24719
Homeland Homeland Security Department See

U.S. Customs and Border Protection

Interior Interior Department See

Fish and Wildlife Service

See

Land Management Bureau

See

National Park Service

Internal Revenue Internal Revenue Service RULES Treatment of Certain Transfers of Property to Foreign Corporations; Correction, 52848 2017-24687 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52968-52970 2017-24649 2017-24661 2017-24662 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Reductions in Earnings and Profits (or Accumulated Profits) With Respect to Certain Foreign Deferred Compensation Plans Maintained by Certain Foreign Corporations or by Foreign Branches of Domestic Corporations, 52970 2017-24648 International Trade Adm International Trade Administration NOTICES Export Trade Certificates of Review: DFA of California, 52879 2017-24679 Meetings: President's Advisory Council on Doing Business in Africa, 52880 2017-24664 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Carton-Closing Staples from China, 52939-52941 2017-24704 Justice Department Justice Department See

Alcohol, Tobacco, Firearms, and Explosives Bureau

See

Drug Enforcement Administration

NOTICES Proposed Consent Decrees: Clean Air Act, 52942 2017-24677
Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Use and Occupancy under the Mining Laws, 52938-52939 2017-24666 Alaska Native Claims Selection, 52939 2017-24667 Initial Classification and Extension of the Proposed Classification and Segregation for State In Lieu Selection: Montana, 52937-52938 2017-24665 Legal Legal Services Corporation NOTICES Meetings; Sunshine Act, 52942 2017-24844 National Capital National Capital Planning Commission NOTICES Environmental Impact Statements; Availability, etc.: South Mall Campus Master Plan; Meetings, 52943 2017-24650 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance; Approvals: Cooper Tire and Rubber Co., 52966-52967 2017-24691 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 52935 2017-24685 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Tilefish Fishery Management Plan; Amendment 6, 52851-52861 2017-24710 Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders, 52849-52851 2017-24715 PROPOSED RULES Atlantic Coastal Fisheries Cooperative Management Act Provisions: American Lobster Fishery; Control Date for Lobster Conservation Management Areas, 52871-52872 2017-24714 NOTICES Determination of Overfishing or an Overfished Condition, 52888-52889 2017-24686 Endangered and Threatened Species: Takes of Anadromous Fish, 52884-52888 2017-24690 Fisheries Off West Coast States: Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit, 52882-52884 2017-24716 Meetings: Columbia Basin Partnership Task Force of the Marine Fisheries Advisory Committee, 52881-52882 2017-24721 Marine Fisheries Advisory Committee, 52881 2017-24720 Requests for Comments: Draft National Procedure for Permit Applications to Retain Releasable Rehabilitated Marine Mammals for Public Display, 52880-52881 2017-24642 National Park National Park Service PROPOSED RULES Hunting and Trapping in National Preserves: Alaska, 52868 2017-24444 National Science National Science Foundation NOTICES Request for Information: Interagency Arctic Research Policy Committee, 52943-52944 2017-24678 Nuclear Regulatory Nuclear Regulatory Commission RULES Miscellaneous Corrections, 52823-52826 2017-24259 PROPOSED RULES Emergency Preparedness Requirements for Small Modular Reactors and Other New Technologies, 52862 2017-24672 NOTICES Guidance: Standard Review Plan for Spent Fuel Dry Storage Systems and Facilities, 52944-52945 2017-24734 License Transfer Applications: Wolf Creek Generating Station, 52946-52949 2017-24663 License Transfers: Exelon Generation Co., LLC to James A. FitzPatrick Nuclear Power Plant, 52945-52946 2017-24697 Meetings: Advisory Committee On Reactor Safeguards Subcommittee on Planning and Procedures, 52944 2017-24703 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Patent and Trademark Financial Transactions, 52889-52890 2017-24693 Pension Benefit Pension Benefit Guaranty Corporation RULES Benefits Payable in Terminated Single-Employer Plans: Interest Assumptions for Paying Benefits, 52848-52849 2017-24597 Postal Service Postal Service NOTICES Product Changes: Priority Mail Express, Priority Mail, and First-Class Package Service Negotiated Service Agreement, 52949 2017-24765 Securities Securities and Exchange Commission NOTICES Meetings: Investor Advisory Committee Meeting, 52949-52950 2017-24692 Self-Regulatory Organizations; Proposed Rule Changes: ICE Clear Europe Limited, 52962-52963 2017-24660 Nasdaq BX, Inc., 52955-52958 2017-24657 Nasdaq PHLX LLC, 52950-52953, 52959-52962 2017-24655 2017-24656 NYSE Arca, Inc., 52958-52959 2017-24654 2017-24659 The Nasdaq Stock Market LLC, 52953-52955 2017-24658 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Refugee Biographic Data, 52964 2017-24730 Culturally Significant Objects Imported for Exhibition: Birds of a Feather: Joseph Cornell's Homage to Juan Gris Exhibition, 52965 2017-24696 Michel Sittow: Estonian Painter at the Courts of Renaissance Europe Exhibition, 52963 2017-24695 Outliers and American Vanguard Art Exhibition, 52964-52965 2017-24694 Meetings: Advisory Commission on Public Diplomacy, 52963-52964 2017-24725 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Center for Substance Abuse Prevention, 52935 2017-24717 Surface Transportation Surface Transportation Board NOTICES Discontinuances of Service Exemptions: Wisconsin Central Ltd. in Oneida and Marinette Counties, WI, 52965 2017-24724 Transportation Department Transportation Department See

Federal Aviation Administration

See

National Highway Traffic Safety Administration

Treasury Treasury Department See

Fiscal Service

See

Internal Revenue Service

Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Crewman's Landing Permit, 52935-52936 2017-24644 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community Residential Care Recordkeeping Requirements, 52971 2017-24673 Ethics Consultation Feedback Tool, 52972-52973 2017-24669 Funeral Arrangements, 52970-52971 2017-24670 Regulation for Submission of Evidence, 52972 2017-24668 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 52976-53371 2017-23953 Part III Education Department, 53374-53395 2017-24636 Reader Aids

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82 219 Wednesday, November 15, 2017 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 2, 9, 40, 50, 61, 71, 73, and 110 RIN 3150-AK08 [NRC-2017-0170] Miscellaneous Corrections AGENCY:

Nuclear Regulatory Commission.

ACTION:

Final rule.

SUMMARY:

The U.S. Nuclear Regulatory Commission (NRC) is amending its regulations to make miscellaneous corrections. The amendments include correcting references, an address and a misspelling. The amendments will also make references to persons in one part of the NRC's regulations gender neutral. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.

DATES:

This rule is effective December 15, 2017. The material incorporated by reference was previously approved by the Director of the Federal Register.

ADDRESSES:

Please refer to Docket ID NRC-2017-0170 when contacting the NRC about the availability of information for this final rule. You may obtain publicly-available information related to this final rule by any of the following methods:

Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0170. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, please contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this final rule.

NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available NRC 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] There are no NRC documents referenced in this document.

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:

Dawn Forder, Office of Nuclear Material Safety and Safeguards, telephone: 301-415-3407, email: [email protected]; U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

SUPPLEMENTARY INFORMATION: I. Introduction

The NRC is amending its regulations in parts 2, 9, 40, 50, 61, 71, 73, and 110 of title 10 of the Code of Federal Regulations (10 CFR) to make miscellaneous corrections. The amendments include correcting references, an address and a misspelling. The amendments will also make references to persons in one part of the NRC's regulations gender neutral. Future NRC miscellaneous corrections rules will amend other parts of the regulations for gender neutral references until all references have been amended. This document is necessary to inform the public of these non-substantive amendments to the NRC's regulations.

II. Summary of Changes 10 CFR Part 2

Correct Reference. In § 2.1200, this final rule removes the incorrect reference to § 2.101(f)(8) and replaces it with the correct reference § 2.101(e)(8).

10 CFR Part 9

Revise Nomenclature. This final rule revises all gender references in 10 CFR part 9 to include both male and female genders. Future miscellaneous corrections rules will revise additional male only gender references throughout 10 CFR Chapter I.

10 CFR Part 40

Correct Reference. In § 40.35(f), this final rule removes the incorrect reference “§ 40.31(i)” and replaces it with the correct reference “§ 40.31(j)(1)-(4)”.

10 CFR Part 50

Correct Omission. In § 50.43(e), this final rule adds standard design approvals (SDAs) to the requirements for certain reactor applicants performing demonstrations or tests prior to NRC approval of the design, per the SDA content of applications requirement at § 52.137(b). The SDA requirements were discussed as part of the Statements of Consideration for the previous amendment to § 50.43(e); however, the addition was omitted from the regulatory text (72 FR 49352). This final rule corrects that omission.

Correct Reference. In § 50.55a(b)(2)(ix)(B), this final rule revises the rule language to correctly reference the relevant table. The table designation in Section XI, Division 1, of the American Society of Mechanical Engineers Boiler and Pressure Vessel Code changed from Table IWA-2210-1 to IWA-2211-1 starting with the 2005 Addenda, which was approved for incorporation by reference in 2011 (76 FR 36232; June 21, 2011).

10 CFR Parts 61, 71, and 73

Correct Reference. Title 25 of the United States Code (25 U.S.C.) was reclassified and renumbered, which changed the location of some of the citations used in the NRC's regulations. These changes will update the citations used, but not make substantive changes. Title 25 U.S.C. 479a is now located at 25 U.S.C. 5130. Title 25 U.S.C. 450 is now 25 U.S.C. 5301; however, the actual section with the definition is 25 U.S.C. 5304.

Correct Address. In part 73, appendix A, the incorrect zip code “30303-1245” for Region II is corrected to read “30303-1257”.

10 CFR Part 110

Correct Spelling. In part 110, this final rule removes all instances of the misspelled term “terabequeral” and replaces them with the correct term “terabecquerel”.

III. Rulemaking Procedure

Under the Administrative Procedure Act (5 U.S.C. 553(b)), an agency may waive publication in the Federal Register of a notice of proposed rulemaking and opportunity for comment requirements if it finds, for good cause, that they are impracticable, unnecessary, or contrary to the public interest. As authorized by 5 U.S.C. 553(b)(3)(B), the NRC finds good cause to waive notice and opportunity for comment on these amendments, because notice and opportunity for comment are unnecessary. The amendments will have no substantive impact and are of a minor and administrative nature dealing with corrections to certain CFR sections related only to management, organization, procedure, and practice. Specifically, the revisions include correcting references, correcting an address and correcting a misspelling. The Commission is exercising its authority under 5 U.S.C. 553(b)(3)(B) to publish these amendments as a final rule. The amendments are effective December 15, 2017. These amendments do not require action by any person or entity regulated by the NRC, and do not change the substantive responsibilities of any person or entity regulated by the NRC.

IV. Environmental Impact: Categorical Exclusion

The NRC has determined that this final rule is the type of action described in 10 CFR 51.22(c)(2), which categorically excludes from environmental review rules that are corrective or of a minor, nonpolicy nature and do not substantially modify existing regulations. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this rule.

V. Paperwork Reduction Act Statement

This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995.

Public Protection Notification

The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the document requesting or requiring the collection displays a currently valid OMB control number.

VI. Plain Writing

The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31883).

VII. Backfitting and Issue Finality

The NRC has determined that the corrections in this final rule do not constitute backfitting and are not inconsistent with any of the issue finality provisions in 10 CFR part 52. The amendments are non-substantive in nature, including correcting references, correcting an address and correcting a misspelling. They impose no new requirements and make no substantive changes to the regulations. The corrections do not involve any provisions that would impose backfits as defined in 10 CFR chapter I, or would be inconsistent with the issue finality provisions in 10 CFR part 52. For these reasons, the issuance of the rule in final form would not constitute backfitting or represent a violation of any of the issue finality provisions in 10 CFR part 52. Therefore, the NRC has not prepared any additional documentation for this correction rulemaking addressing backfitting or issue finality.

List of Subjects 10 CFR Part 2

Administrative practice and procedure, Antitrust, Byproduct material, Classified information, Confidential business information, Freedom of information, Environmental protection, Hazardous waste, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Sex discrimination, Source material, Special nuclear material, Waste treatment and disposal.

10 CFR Part 9

Administrative practice and procedure, Courts, Criminal penalties, Freedom of information, Government employees, Privacy, Reporting and recordkeeping requirements, Sunshine Act.

10 CFR Part 40

Criminal penalties, Exports, Government contracts, Hazardous materials transportation, Hazardous waste, Nuclear energy, Nuclear materials, Penalties, Reporting and recordkeeping requirements, Source material, Uranium, Whistleblowing.

10 CFR Part 50

Administrative practice and procedure, Antitrust, Classified information, Criminal penalties, Education, Fire prevention, Fire protection, Incorporation by reference, Intergovernmental relations, Nuclear power plants and reactors, Penalties, Radiation protection, Reactor siting criteria, Reporting and recordkeeping requirements, Whistleblowing.

10 CFR Part 61

Criminal penalties, Hazardous waste, Indians, Intergovernmental relations, Low-level waste, Nuclear energy, Nuclear materials, Penalties, Reporting and recordkeeping requirements, Waste treatment and disposal, Whistleblowing.

10 CFR Part 71

Criminal penalties, Hazardous materials transportation, Incorporation by reference, Intergovernmental relations, Nuclear materials, Packaging and containers, Penalties, Radioactive materials, Reporting and recordkeeping requirements.

10 CFR Part 73

Criminal penalties, Exports, Hazardous materials transportation, Incorporation by reference, Imports, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Security measures.

10 CFR Part 110

Administrative practice and procedure, Classified information, Criminal penalties, Exports, Incorporation by reference, Imports, Intergovernmental relations, Nuclear energy, Nuclear materials, Nuclear power plants and reactors, Penalties, Reporting and recordkeeping requirements, Scientific equipment.

For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC is adopting the following amendments to 10 CFR parts 2, 9, 40, 50, 61, 71, 73, and 110:

PART 2—AGENCY RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 2 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 29, 53, 62, 63, 81, 102, 103, 104, 105, 161, 181, 182, 183, 184, 186, 189, 191, 234 (42 U.S.C. 2039, 2073, 2092, 2093, 2111, 2132, 2133, 2134, 2135, 2201, 2231, 2232, 2233, 2234, 2236, 2239, 2241, 2282); Energy Reorganization Act of 1974, secs. 201, 206 (42 U.S.C. 5841, 5846); Nuclear Waste Policy Act of 1982, secs. 114(f), 134, 135, 141 (42 U.S.C. 10134(f), 10154, 10155, 10161); Administrative Procedure Act (5 U.S.C. 552, 553, 554, 557, 558); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note. Section 2.205(j) also issued under 28 U.S.C. 2461 note.

§ 2.1200 [Amended]
2. In § 2.1200, remove the reference “2.101(f)(8)” and add in its place the reference “2.101(e)(8)”. PART 9—PUBLIC RECORDS 3. The authority citation for part 9 continues to read as follows: Authority:

Atomic Energy Act of 1954, sec. 161 (42 U.S.C. 2201); Energy Reorganization Act of 1974, sec. 201 (42 U.S.C. 5841); 44 U.S.C. 3504 note.

Subpart A also issued under 31 U.S.C. 9701.

Subpart B also issued under 5 U.S.C. 552a.

Subpart C also issued under 5 U.S.C. 552b.

4. In part 9, wherever it may appear remove the word “he” and add in its place the phrase, “he or she”; wherever it may appear remove the word “him” and add in its place the phrase, “him or her”; wherever it may appear remove the word “himself” and add in its place the phrase, “himself or herself”; and wherever it may appear remove the word “his” and add in its place the phrase, “his or her”. PART 40—DOMESTIC LICENSING OF SOURCE MATERIAL 5. The authority citation for part 40 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 62, 63, 64, 65, 69, 81, 83, 84, 122, 161, 181, 182, 183, 184, 186, 187, 193, 223, 234, 274, 275 (42 U.S.C. 2092, 2093, 2094, 2095, 2099, 2111, 2113, 2114, 2152, 2201, 2231, 2232, 2233, 2234, 2236, 2237, 2243, 2273, 2282, 2021, 2022); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Uranium Mill Tailings Radiation Control Act of 1978, sec. 104 (42 U.S.C. 7914); 44 U.S.C. 3504 note.

§ 40.35 [Amended]
6. In § 40.35(f), remove the reference “§ 40.31(i)” and add in its place the reference “§ 40.31(j)(1)-(4)”. PART 50—DOMESTIC LICENSING OF PRODUCTION AND UTILIZATION FACILITIES 7. The authority citation for part 50 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 11, 101, 102, 103, 104, 105, 108, 122, 147, 149, 161, 181, 182, 183, 184, 185, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 2131, 2132, 2133, 2134, 2135, 2138, 2152, 2167, 2169, 2201, 2231, 2232, 2233, 2234, 2235, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 306 (42 U.S.C. 10226); National Environmental Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C. 3504 note; Sec. 109, Pub. L. 96-295, 94 Stat. 783.

8. Revise § 50.43(e) introductory text to read as follows:
§ 50.43 Additional standards and provisions affecting class 103 licenses and certifications for commercial power.

(e) Applications for a design certification, combined license, manufacturing license, operating license or standard design approval that propose nuclear reactor designs which differ significantly from light-water reactor designs that were licensed before 1997. Or use simplified, inherent, passive, or other innovative means to accomplish their safety functions will be approved only if:

9. Revise § 50.55a(b)(2)(ix)(B) to read as follows:
§ 50.55a Codes and standards.

(b) * * *

(2) * * *

(ix) * * *

(B) Metal containment examinations: Second provision. When performing remotely the visual examinations required by Subsection IWE, the maximum direct examination distance specified in Table IWA-2210-1 (1992 Edition through 2004 Edition) or Table IWA-2211-1 (2005 Addenda through the latest edition and addenda incorporated by reference in paragraph (a)(1) of this section) may be extended and the minimum illumination requirements specified may be decreased provided that the conditions or indications for which the visual examination is performed can be detected at the chosen distance and illumination.

PART 61—LICENSING REQUIREMENTS FOR LAND DISPOSAL OF RADIOACTIVE WASTE 10. The authority citation for part 61 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 65, 81, 161, 181, 182, 183, 223, 234 (42 U.S.C. 2073, 2077, 2092, 2093, 2095, 2111, 2201, 2231, 2232, 2233, 2273, 2282); Energy Reorganization Act of 1974, secs. 201, 206, 211 (42 U.S.C. 5841, 5846, 5851); Low-Level Radioactive Waste Policy Amendments Act of 1985, sec. 2 (42 U.S.C. 2021b); 44 U.S.C. 3504 note.

§ 61.2 [Amended]
11. In § 61.2, wherever it may appear remove the reference “25 U.S.C. 450” and add in its place the reference “25 U.S.C. 5301”. PART 71—PACKAGING AND TRANSPORTATION OF RADIOACTIVE MATERIAL 12. The authority citation for part 71 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 53, 57, 62, 63, 81, 161, 182, 183, 223, 234, 1701 (42 U.S.C. 2073, 2077, 2092, 2093, 2111, 2201, 2232, 2233, 2273, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202, 206, 211 (42 U.S.C. 5841, 5842, 5846, 5851); Nuclear Waste Policy Act of 1982, sec. 180 (42 U.S.C. 10175); 44 U.S.C. 3504 note.

§ 71.4 [Amended]
13. In § 71.4, remove the reference “25 U.S.C. 479a” from the definition of “Indian tribe” and add in its place the reference “25 U.S.C. 5130”. PART 73—PHYSICAL PROTECTION OF PLANTS AND MATERIALS 14. The authority citation for part 73 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 53, 147, 149, 161, 170D, 170E, 170H, 170I, 223, 229, 234, 1701 (42 U.S.C. 2073, 2167, 2169, 2201, 2210d, 2210e, 2210h, 2210i, 2273, 2278a, 2282, 2297f); Energy Reorganization Act of 1974, secs. 201, 202 (42 U.S.C. 5841, 5842); Nuclear Waste Policy Act of 1982, secs. 135, 141 (42 U.S.C. 10155, 10161); 44 U.S.C. 3504 note.

Section 73.37(b)(2) also issued under Sec. 301, Public Law 96-295, 94 Stat. 789 (42 U.S.C. 5841 note).

§ 73.2 [Amended]
15. In § 73.2, remove the reference “25 U.S.C. 479a” from the definition of “Indian tribe” and add in its place the reference “25 U.S.C. 5130”. Appendix A to Part 73 [Amended] 16. In appendix A to part 73, remove the zip code “30303-1245” from the “Region II” entry in the first table, and add in its place the zip code “30303-1257”. PART 110—EXPORT AND IMPORT OF NUCLEAR EQUIPMENT AND MATERIAL 17. The authority citation for part 110 continues to read as follows: Authority:

Atomic Energy Act of 1954, secs. 11, 51, 53, 54, 57, 62, 63, 64, 65, 81, 82, 103, 104, 109, 111, 121, 122, 123, 124, 126, 127, 128, 129, 133, 134, 161, 170h, 181, 182, 183, 184, 186, 187, 189, 223, 234 (42 U.S.C. 2014, 20710, 2073, 2074, 2077, 2092, 2093, 2094, 2095, 2111, 2112, 2133, 2134, 2139, 2141, 2151, 2152, 2153, 2154, 2155, 2156, 2157, 2158, 2160C, 2160D, 2201, 2210H, 2231, 2232, 2233, 2234, 2236, 2237, 2239, 2273, 2282); Energy Reorganization Act of 1974, secs. 201 (42 U.S.C. 5841); Administrative Procedure Act (5 U.S.C. 552, 553); 42 U.S.C. 2139a, 2155a; 44 U.S.C. 3504 note.

Section 110.1(b) also issued under 22 U.S.C. 2403; 22 U.S.C. 2778a; 50 App. U.S.C. 2401 et seq.

§ 110.2 [Amended]
18. In § 110.2, remove the word “Terabequerels” from the definition of “Specific activity” and add in its place the word “terabecquerels”.
§ 110.23 [Amended]
19. In § 110.23(a)(3), remove the word “terabequeral” and add in its place the word “terabecquerel”.
§ 110.32 [Amended]
20. In § 110.32(f)(1), remove the word “terabequerels” and add in its place the word “terabecquerels”. Appendix P to Part 110 [Amended] 21. In Appendix P to Part 110, remove the word “Terabequerels” wherever it appears in Table 1 and add in its place the word “Terabecquerels”. Dated at Rockville, Maryland, this 2nd day of November, 2017.

For the Nuclear Regulatory Commission.

Cindy Bladey, Chief, Regulatory Analysis and Rulemaking Support Branch, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.
[FR Doc. 2017-24259 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 21 [Docket No. FAA-2017-0851] Airworthiness Criteria: Glider Design Criteria for DG Flugzeugbau GmbH Model DG-1000M Glider AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Airworthiness design criteria.

SUMMARY:

These airworthiness design criteria are for the DG Flugzeugbau GmbH model DG-1000M glider. The Administrator finds the design criteria, which make up the certification basis for the DG-1000M glider, acceptable.

DATES:

These airworthiness design criteria are effective December 15, 2017.

FOR FURTHER INFORMATION CONTACT:

Mr. Jim Rutherford, AIR-692, Federal Aviation Administration, Policy & Innovation Division, Small Airplane Standards Branch, 901 Locust, Room 301, Kansas City, MO 64106, telephone (816) 329-4165, facsimile (816) 329-4090.

SUPPLEMENTARY INFORMATION:

Background

On May 18, 2011, DG Flugzeugbau GmbH submitted an application for type validation of the DG-1000M glider in accordance with the Technical Implementation Procedures for Airworthiness and Environmental Certification Between the FAA and the European Aviation Safety Agency (EASA), dated May 05, 2011. This model is a variant of the DG-1000T powered glider and will be added to existing Type Certificate No. G20CE. The model DG-1000M is a two-seat, mid-wing, self-launching, powered glider with a retractable engine and fixed-pitch propeller. It is constructed from carbon and glass fiber reinforced plastic, and features a conventional T-type tailplane. The glider also features a 65.6 foot (20 meter) wingspan and a maximum weight of 1,742 pounds (790 kilograms).

The EASA type certificated the DG-1000M powered glider under Type Certificate Number (No.) EASA.A.072 on March 17, 2011. The associated EASA Type Certificate Data Sheet (TCDS) No. EASA.A.072 defines the DG Flugzeubau GmbH certification basis submitted to the FAA for review and acceptance.

The applicable requirements for glider certification in the United States can be found in FAA Advisory Circular (AC) 21.17-2A, “Type Certification—Fixed-Wing Gliders (Sailplanes), Including Powered Gliders,” dated February 10, 1993. AC 21.17-2A has been the basis for certification of gliders and powered gliders in the United States for many years. AC 21.17-2A states that applicants may utilize the Joint Aviation Requirements (JAR)-22, “Sailplanes and Powered Sailplanes,” or another accepted airworthiness criteria, or a combination of both, as the accepted means for showing compliance for glider type certification.

Type Certification Basis

The certification basis is based on JAR-22, amendment 6, dated August 01, 2001. In addition to JAR-22 requirements, the applicant will comply with other requirements from the certification basis referenced in EASA TCDS No. EASA.A.072, including an equivalent safety finding.

Discussion of Comments

Notice of proposed airworthiness design criteria for the DG Flugzeugbau GmbH model DG-1000M glider was published in the Federal Register on September 21, 2017 (82 FR 44126). No comments were received; therefore, these airworthiness design criteria are adopted as proposed.

The Proposed Design Criteria

Applicable Airworthiness Criteria under § 21.17(b).

Based on the Special Class provisions of § 21.17(b), the following airworthiness requirements form the FAA Certification Basis for this design:

1. 14 CFR part 21, effective February 1, 1965, including amendments 21-1 through 21-92 as applicable.

2. JAR-22, amendment 6, dated August 01, 2001.

3. EASA Equivalent Safety Finding to JAR 22.207(c)—Stall warning. (FAA issued corresponding Equivalent Level of Safety (ELOS) Memorandum No. ACE-07-01A, dated April 02, 2012, as an extension to an existing ELOS finding).

4. “Standards for Structural Substantiation of Sailplane and Powered Sailplane Parts Consisting of Glass or Carbon Fiber Reinforced Plastics,” Luftfahrt-Bundesamt (LBA) document no. I4-FVK/91, issued July 1991.

5. “Guideline for the analysis of the electrical system for powered sailplanes,” LBA document no. I334-MS 92, issued September 15, 1992.

6. Operations allowed: VFR-Day, and “Cloud Flying” where “Cloud Flying” is considered flying in Instrument Meteorological Conditions (IMC) and requires an Instrument Flight Rules (IFR) clearance in the United States. This is permissible provided the pilot has the appropriate rating per 14 CFR 61.3, the glider contains the necessary equipment specified under 14 CFR 91.205, and the pilot complies with IFR requirements.

7. EASA Type Certificate Data Sheet No. EASA.A.072, Issue 03, dated March 17, 2011.

8. Date of application for FAA Type Certificate: May 18, 2011.

Issued in Kansas City, Missouri, on November 8, 2017. Pat Mullen, Manager, Small Airplane Standards Branch, Aircraft Certification Service.
[FR Doc. 2017-24742 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0659; Product Identifier 2017-CE-014-AD; Amendment 39-19094; AD 2017-22-14] RIN 2120-AA64 Airworthiness Directives; Rockwell Collins, Inc. Traffic Surveillance System Processing Unit AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

We are adopting a new airworthiness directive (AD) for certain Rockwell Collins, Inc. TSS-4100 Traffic Surveillance System Processing Units that incorporate TSSA-4100 Field Loadable Software (FLS) Rockwell Collins part numbers 810-0052-002/-003/-010/-011/-012/-100/-101 and are installed on airplanes. This AD was prompted by five instances of air traffic control observing coasting (extrapolated stale data) of automatic dependent surveillance-broadcast data (position/velocity data). This AD requires installing the TSSA-4100 FLS upgrades on the TSS-4100 units. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective December 20, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 20, 2017.

ADDRESSES:

For service information identified in this final rule, contact Rockwell Collins, Inc., Collins Aviation Services, 400 Collins Road NE., M/S 164-100, Cedar Rapids, IA 52498-0001; telephone: 888-265-5467 (U.S.) or 319-265-5467; fax: 319-295-4941 (outside U.S.); email: [email protected]; Internet: https://portal.rockwellcollins.com/web/publications-and-training. You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0659.

Examining the AD Docket

You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0659; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

Paul Rau, Aerospace Engineer, Wichita Aircraft Certification Office, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4149; fax: 316-946-4107; email: [email protected]

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Rockwell Collins, Inc. TSS-4100 Traffic Surveillance System Processing Units that incorporate TSSA-4100 Field Loadable Software (FLS) Rockwell Collins part numbers 810-0052-002/-003/-010/-011/-012/-100/-101 and are installed on airplanes. The NPRM published in the Federal Register on July 3, 2017 (82 FR 30802). The NPRM was prompted by five instances of air traffic control observing coasting (extrapolated stale data) automatic dependent surveillance-broadcast data (ADS-B position/velocity data) on a related Rockwell Collins, Inc. platform that shares a common architecture with the TSS-4100 Traffic Surveillance System Processing Units. An investigation of the events determined that the ADS-B position and the Mode S/traffic alert and collision avoidance system (TCAS) altitude of the TSS-4100 are affected. This condition, if not corrected, could result in misleading position and/or altitude being reported by the airplane. Misleading altitude data can adversely affect TCAS and possibly lead to mid-air collision due to an incorrect initial resolution advisory (RA) and/or an incorrect RA modification. The extrapolation of the data occurs with no warning to the crew. The NPRM proposed to require updating the TSSA-4100 FLS on the TSS-4100 Traffic Surveillance System Processing Unit. We are issuing this AD to correct the unsafe condition on these products.

Comments

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

Request Reduced Compliance Time

The Air Line Pilots Association (ALPA) requested we reduce the compliance time for the AD actions. The ALPA requested this change because of the high number of reports the FAA received and because the equipment is installed on a variety of airframe types that may operate in heavily trafficked airspace.

We disagree with this comment. We considered the variety of airframe types and operations when we determined the compliance time for the proposed AD. We proposed within 12 months or 750 hours time-in-service (TIS), whichever occurs first, and we expect that airframes with the heaviest usage will require compliance in less than 4 months after the effective date of the AD. Reducing the compliance time would create an additional burden not supported by the risk assessments.

We have not changed this AD based on this comment.

Request a Delayed Effective Date

Bombardier, Inc. requested we delay the effective date of this AD until January 1, 2020, when the requirements of 14 CFR 91.225 take effect. In November 2017, Bombardier, Inc. plans to release service information for CRJ airplane models that will change the affected TSSA-4100 FLS part numbers to different part numbers that are not included the applicability of the AD. Because of the heavy usage of the CRJ airplanes and the 750 hours TIS of the AD, most CRJ airplanes will require compliance with the AD by the end of 2017. Also, Bombardier, Inc. states that air traffic controllers cannot use ADS-B data as a primary source until 2020; as such, the mid-air collision risk does not seem clear to them.

We disagree with this comment. Based on the stated usage, a delay of the effective date until January 1, 2020, could result in airplanes accumulating an additional 5,000 hours TIS beyond the 750 hours TIS compliance proposed in the NPRM. The risk assessment does not support that significant of an increase in the compliance time for this AD. The stale or coasting Mode S altitude data interferes with proper TCAS operation, potentially resulting in an incorrect RA or RA modification. ADS-B operation is not required for that unsafe condition to exist. As of August 1, 2017, ADS-B is the primary source of data by air traffic controllers for separation at all FAA enroute air traffic control facilities and at over 60 percent of U.S. terminal air traffic control facilities. ADS-B is also widely used by general aviation airplanes for traffic awareness. You may provide substantiating data to adjust the compliance time of this AD and request an alternative method of compliance (AMOC) using the procedures found in 14 CFR 39.19.

We have not changed this AD based on this comment.

Request To Allow Subsequent FLS Part Numbers for Compliance

Delta Air Lines, Inc. requested we change the language in this AD to allow the use of subsequent FLS part numbers for compliance with this AD. They request, for example, we add the words, “or subsequent” or “any subsequent FLS part number that complies with the intent of this AD” to allow the use of future part numbers that may comply with the AD actions.

We disagree with this comment. RCPN 810-0052-013 or 810-0052-102 are the only part numbers currently available that comply with this AD. We cannot use language “or subsequent” or similar language because we cannot approve documents or materials that do not currently exist. The AD only applies to the FLS part numbers listed in the Applicability, paragraph (c) of this AD, so future software upgrades not listed in paragraph (c) of this AD are not affected by this AD. Operators may request an alternative method of compliance (AMOC) to use future FLS part numbers if they become available using the procedures found in 14 CFR 39.19.

We have not changed this AD based on this comment.

Request To Allow Credit for Work Done With Other Instructions

Bombardier, Inc. requested that we allow AD credit for operators who have already completed the replacement of the affected part numbers using parts found in aircraft illustrated parts catalogs (AIPCs) not identified in the Applicability, paragraph (c) of this AD. Certain AIPCs already allow operators to replace some of the affected TSSA-4100 FLS part numbers with part numbers not identified in the Applicability, paragraph (c) of this AD.

We disagree with this comment. We recognize that other instructions for upgrade of the TSSA-4100 exist. However, the actions of this AD must be completed using the service information cited in the AD and incorporated by reference into the AD. Operators may request an AMOC, using the procedures found in 14 CFR 39.19, to use service information other than those referenced in this AD. If, as of the effective date of this AD, the affected TSSA-4100 FLS part numbers identified in the Applicability, paragraph (c) of this AD, are not installed on the airplane, the AD does not apply to that airplane. Therefore, if before the effective date of this AD, operators replaced the affected TSSA-4100 FLS part numbers with part numbers not identified in the Applicability, paragraph (c) of this AD, using the AIPC, they do not require credit for compliance with this AD because this AD does not apply to those airplanes.

We have not changed this AD based on this comment.

Request Changes to the List of Possible Affected Airplanes

Delta Air Lines, Inc. and Bombardier, Inc. requested we add Bombardier, Inc. Models CS 100 (BD-500-1A10) and CS300 (BD-500-1A11) airplanes and remove Bombardier, Inc. Models Global 5000 (BD-700-1A11) and Challenger 605 (CL-600-2B16) from the Applicability, paragraph (c) of this AD. The C series include the TSSA-4100 system; however, the Global 5000 and the Challenger 605 do not have the affected part numbers installed.

We agree with this comment. The list of possible affected airplanes is intended to include airplanes known to have the TSS-4100 installed. The Bombardier C series airplanes were inadvertently omitted, and we added them to the Applicability, paragraph (c) of this AD. The Global 5000 without the Global Vision Flight Deck and the Challenger 605 did not include the installation of the TSS-4100, and we removed them from the Applicability, paragraph (c) of this AD. However, this AD applies specifically to TSS-4100 units, RCPN 822-2132-001, that incorporate TSSA-4100 FLS RCPN 810-0052-002/-003/-010/-011/-012/-100/-101 installed on airplanes. If the TSS-4100 unit with the affected part numbers is installed, for example, through an avionics upgrade, on an airplane not listed in paragraph (c) of this AD, the AD would apply to that airplane.

Request Clarification of the Unsafe Condition

Bombardier, Inc. requested we change the language in the Unsafe Condition, paragraph (e) of this AD, to more accurately describe the instances of coasting errors. The five observed coasting errors were not observed on the TSS-4100 units but on different units with similar software.

We agree with this comment. We did include more descriptive language in the preamble of the NPRM and this final rule. We added similar language to the Unsafe Condition in paragraph (e) of this AD to clarify the specific units where coasting error were observed.

Conclusion

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

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

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

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

Related Service Information Under 1 CFR Part 51

We reviewed Rockwell Collins Service Information Letter, TSSA-4100-SIL-10-1, Revision No. 9, dated March 31, 2017; and Rockwell Collins Service Information Letter, TSSA-4100-SIL-10-1, Revision No. 10, dated July 10, 2017. The service letters both describe procedures for determining the part number of the affected FLS and the installation procedure for updating the FLS; however, Revision No. 10 contains minor editorial changes not included Revision No. 9. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

We estimate that this AD affects 1,000 products installed on airplanes of U.S. registry.

We estimate the following costs to comply with this AD:

Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Upgrade the FLS to RCPN 810-0052-013 or 810-0052-102 1 work-hour × $85 per hour = $85 $700 $785 $785,000

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-22-14 Rockwell Collins, Inc.: Amendment 39-19094; Docket No. FAA-2017-0659; Product Identifier 2017-CE-014-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    Rockwell Collins, Inc. TSSA-4100 Field Loadable Software (FLS) Rockwell Collins part numbers (RCPNs) 810-0052-002, -003, -010, -011, -012, -100, or -101 found on TSS-4100 Traffic Surveillance System Processing Units, (RCPN) 822-2132-001 installed on airplanes.

    (1) The FLS RCPNs 810-0052-002, -003, -010, -011, -012, -100, or -101 found on TSS-4100 Traffic Surveillance System Processing Units are known to be installed on but not limited to the airplanes listed in paragraphs (c)(1)(i) through (14) of this AD and are certificated in any category.

    (i) Bombardier Challenger 300 (BD-100-1A10) (ii) Bombardier Challenger 350 (BD-100-1A10) (iii) Bombardier Challenger 650 (CL-600-2B16) (iv) Bombardier CRJ-700 (CL-600-2C10) (v) Bombardier CRJ-900 (CL-600-2D24) (vi) Bombardier CRJ-1000 (CL-600-2E25) (vii) Bombardier CS100 (BD-500-1A10) (viii) Bombardier CS300 (BD-500-1A11) (ix) Bombardier Global 5000 equipped with Global Vision Flight Deck (BD-700-1A11) (x) Bombardier Global 6000 (BD-700-1A10) (xi) Cessna Citation CJ4 (525C) (xii) Embraer Legacy (EMB-550) (xiii) Embraer Legacy 450 (EMB-545) (xiv) Gulfstream G280

    (2) Earlier revision levels of the Rockwell Collins, Inc. service information and service information issued by airplane manufacturers before the effective date of this AD may have specified the installation of FLS with different FAA-approved part numbers than the part numbers listed in paragraph (c) of this AD. If, before December 20, 2017 (the effective date of this AD), a part number that is different than the TSSA-4100 RCPNs listed in paragraph (c) of this AD is installed on the airplane, this AD does not apply to that airplane.

    (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 34, Navigation.

    (e) Unsafe Condition

    This AD was prompted by five instances of air traffic control observing coasting (extrapolated stale data) automatic dependent surveillance-broadcast data (ADS-B position/velocity data) on a related Rockwell Collins, Inc. platform that shares a common architecture with the TSS-4100 Traffic Surveillance System Processing Units. We are issuing this AD to prevent erroneous extrapolation of position/velocity and altitude data that could result in misleading position and/or altitude being reported by the airplane and possibly lead to mid-air collision.

    (f) Compliance

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

    (g) Upgrade of FLS

    Within the next 12 months after December 20, 2017 (the effective date of this AD) or within the next 750 hours time-in-service after December 20, 2017 (the effective date of this AD), whichever occurs first, upgrade the TSSA-4100 FLS to RCPN 810-0052-013 or 810-0052-102, as applicable, following Rockwell Collins Service Information Letter, TSSA-4100-SIL-10-1, Revision No. 9, dated March 31, 2017; or Rockwell Collins Service Information Letter TSSA-4100-SIL-10-1, Revision No. 10, dated July 10, 2017.

    (h) Alternative Methods of Compliance (AMOCs)

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

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

    (i) Related Information

    For more information about this AD, contact Paul Rau, Aerospace Engineer, Wichita ACO, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4149; fax: 316-946-4107; email: [email protected]

    (j) Material Incorporated by Reference

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

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

    (i) Rockwell Collins Service Information Letter, TSSA-4100-SIL-10-1, Revision No. 9, dated March 31, 2017.

    (ii) Rockwell Collins Service Information Letter, TSSA-4100-SIL-10-1, Revision No. 10, dated July 10, 2017.

    (3) For service information identified in this AD, contact Rockwell Collins, Inc., Collins Aviation Services, 400 Collins Road NE., M/S 164-100, Cedar Rapids, IA 52498-0001; telephone: 888-265-5467 (U.S.) or 319-265-5467; fax: 319-295-4941 (outside U.S.); email: [email protected]; Internet: https://portal.rockwellcollins.com/web/publications-and-training.

    (4) You may view this service information at FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0659.

    (5) You may view this service information that is incorporated by reference at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:

    Issued in Kansas City, Missouri, on October 26, 2017. Pat Mullen, Acting Manager, Small Airplane Directorate, Aircraft Certification Service.
    [FR Doc. 2017-24066 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1000; Product Identifier 2017-NE-36-AD; Amendment 39-19100; AD 2017-23-06] RIN 2120-AA64 Airworthiness Directives; General Electric Company Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule; request for comments.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain General Electric Company (GE) CF34-8C1, CF34-8C5, CF34-8C5A1, and CF34-8C5B1 engines. This AD requires an inspection of the bleed air manifold link rod assemblies and the supply, return, and drain fuel fittings on the operability bleed valve (OBV). This AD was prompted by an engine fire that occurred as a result of malfunctions related to the OBV. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective November 30, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of November 30, 2017.

    We must receive comments on this AD by January 2, 2018.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

    Hand Delivery: U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this final rule, contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215, phone: 513-552-3272; fax: 513-552-3329; email: [email protected] You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1000; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    John Frost, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7756; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We learned that significant fuel leaks, some resulting in engine fires, have occurred on multiple occasions due to malfunctions related to the OBVs. These valves typically dump operability air into the bleed plenum attached to the engine inner nacelle. The fuel fitting threads have pulled out of the valve body which has led to significant fuel leaks on at least four occasions. On two occasions, these leaks resulted in uncontrolled fires, resulting in significant damage to one of the affected airplanes. This condition, if not corrected, could result in failure of the OBV, engine fire, and damage to the airplane. We are issuing this AD to correct the unsafe condition on these products.

    Related Service Information Under 1 CFR Part 51

    We reviewed GE Service Bulletin (SB) CF34-8C-AL S/B 75-0019, Revision 01, dated October 24, 2017. The SB describes procedures for inspecting the OBV. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Other Related Service Information

    We reviewed GE CF34-8C SB 75-0019 R00, dated August 4, 2017. The SB describes procedures for inspecting the OBV.

    FAA's Determination

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

    AD Requirements

    This AD requires inspection of the bleed air manifold link rod assemblies and the supply, return, and drain fuel fittings on the OBVs.

    Interim Action

    We consider this AD interim action. We will consider further rulemaking action depending on the results of the investigation.

    FAA's Justification and Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of this AD without providing an opportunity for public comments prior to adoption. The FAA has found that the risk to the flying public justifies waiving notice and comment prior to adoption of this rule because the compliance time for the required action is shorter than the time necessary for the public to comment and for us to publish the final rule. Therefore, we find good cause that notice and opportunity for prior public comment are impracticable. In addition, for the reason stated above, we find that good cause exists for making this amendment effective in less than 30 days.

    Comments Invited

    This AD is a final rule that involves requirements affecting flight safety and was not preceded by notice and an opportunity for public comment. However, we invite you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under the ADDRESSES section. Include the docket number FAA-2017-1000 and Product Identifier 2017-NE-36-AD at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this final rule. We will consider all comments received by the closing date and may amend this final rule because of those comments.

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

    Costs of Compliance

    We estimate that this AD affects 1,282 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Inspection of OBV fittings 1 work-hour × $85 per hour = $85 $0 $85 $108,970
    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines, propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation Division.

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-23-06 General Electric Company: Amendment 39-19100; Docket No. FAA-2017-1000; Product Identifier 2017-NE-36-AD. (a) Effective Date

    This AD is effective November 30, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to General Electric Company (GE) CF34-8C1, CF34-8C5, CF34-8C5A1, and CF34-8C5B1 engines with serial numbers: 965101 through 965670 inclusive; 194101 through 194999 inclusive; and 195101 through 195653 inclusive.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7531, Compressor bleed governor.

    (e) Unsafe Condition

    This AD was prompted by an engine fire that occurred as a result of malfunctions related to the operability bleed valve (OBV). We are issuing this AD to prevent failure of the OBV. The unsafe condition, if not corrected, could result in failure of the OBV, engine fire, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Inspect the bleed air manifold link rod assemblies and the OBV supply, return, and drain fuel fittings within 500 flight hours after the effective date of this AD.

    (2) Use the Accomplishment Instructions, paragraph 3.B., in GE Service Bulletin (SB) CF34-8C-AL S/B 75-0019 Revision 01, dated October 24, 2017, to do the inspection. Replace parts that fail this inspection according to the following criteria:

    (i) Replace any OBV that fails the inspection with a part eligible for installation before further flight.

    (ii) Replace any additional hardware that fails inspection within 50 flight cycles. The engine can be returned to service each day for up to the 50 flight cycles if the OBV rosan rings and fittings are examined each day for fuel leaks and looseness based on the criteria in Table 1 of GE SB CF34-8C-AL S/B 75-0019 Revision 01, dated October 24, 2017.

    (3) The reporting instructions in paragraphs 3.B.(3), 3.B.(5)(e), 3.B.(6)(e), and 3.B.(8) of GE SB CF34-8C-AL S/B 75-0019 Revision 01, dated October 24, 2017, are not required by this AD.

    (h) Credit for Previous Actions

    You may take credit for the actions that are required by paragraph (g) of this AD if you performed these actions before the effective date of this AD using GE CF34-8C SB 75-0019 R00, dated August 4, 2017.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, ECO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. You may email your request to: [email protected]

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

    (j) Related Information

    For more information about this AD, contact John Frost, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    (k) Material Incorporated by Reference

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

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

    (i) General Electric Company (GE) Service Bulletin CF34-8C-AL S/B 75-0019 Revision 01, dated October 24, 2017.

    (ii) Reserved.

    (3) For GE service information identified in this AD, contact General Electric Company, GE-Aviation, Room 285, 1 Neumann Way, Cincinnati, OH 45215, phone: 513-552-3272; fax: 513-552-3329; email: [email protected]

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

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

    Issued in Burlington, Massachusetts, on November 9, 2017. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2017-24700 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0710; Product Identifier 2017-NM-019-AD; Amendment 39-19098; AD 2017-23-04] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus Model A300 B4-600R series airplanes; Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. This AD was prompted by a determination that the top stringer joints at rib 18 are an area of uniform stress distribution, which indicates that cracks may develop in adjacent stringers at the same time. This AD requires an inspection of the upper wing skin and top stringer joints, and modification of the stringer joint couplings if necessary. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 20, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 20, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0710.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0710; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A300 B4-600R series airplanes; Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. The NPRM published in the Federal Register on July 27, 2017 (82 FR 34885) (“the NPRM”). The NPRM was prompted by a determination that the top stringer joints at rib 18 are an area of uniform stress distribution, which indicates that cracks may develop in adjacent stringers at the same time. The NPRM proposed to require an inspection of the upper wing skin and top stringer joints, and modification of the stringer joint couplings if necessary. We are issuing this AD to detect and correct damage (including cracking) at the stringer joints, which could reduce the structural integrity of the wing.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2017-0023, dated February 10, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A300 B4-600R series airplanes; Model A300 B4-603, B4-620, and B4-622 airplanes; Model A300 C4-605R Variant F airplanes; and Model A300 F4-605R airplanes. The MCAI states:

    In response to the FAA Part 26 rule change concerning Widespread Fatigue Damage (WFD), all wing structural items of the A300-600 design deemed potentially susceptible to WFD were assessed. The top stringer joints at Rib 18 were highlighted as an area of uniform stress distribution, indicating that cracks may develop in adjacent stringers at the same time which is known as Multi Element Damage (MED). Each affected stringer joint consists of three main load transferring parts: An overlapping flange, two straps attached through the stringer web and a strap on the top flange. All the components of the joint are attached with fasteners. The fastener holes were the subject of a MED WFD analysis, which showed that cracking could occur from a number of the holes in the joint on stringers 11, 12, 13, 14, 15, 16, 17, and 18.

    This condition, if not detected and corrected, could reduce the structural integrity of the wing.

    Prompted by the conclusion of the WFD analysis, Airbus issued Service Bulletin (SB) A300-57-6118 to provide modification instructions. The modification will both re-life via oversizing and inspect via non-destructive test a defined number of stringer joint fastener holes at Rib 18. This modification will delay the onset of cracking at the stringer joint, providing it is completed at the specified time and will delay the requirement for subsequent inspection.

    For the reasons described above, this [EASA] AD requires a detailed visual inspection (DVI) [for damage, including cracking] of the upper wing skin and the top stringer joints at Rib 18, [and corrective action if necessary] and modification of the stringer joint couplings at Rib 18, on both wings [as applicable].

    The modification includes a related investigative action, i.e., a special detailed (roto-probe) inspection for damage, including cracking, of the fastener holes in the upper wing skin, and corrective action if necessary. Corrective actions include repairing any damage.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0710.

    Comments

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

    Request To Update the Costs of Compliance

    FedEx supported the intent of the NPRM, but requested that we update the parts cost in the Costs of Compliance section of the proposed AD to reflect the cost of two parts kits. FedEx noted that the proposed AD listed the parts cost for only one kit. FedEx pointed out that operators may need to modify both wings and could therefore need two parts kits per airplane.

    We agree with the commenter's request. We have revised the Costs of Compliance section of this final rule to reflect two parts kits, each costing $4,770.

    Request To Fix a Typographical Error

    Airbus requested that we correct a reference to “Airbus Model A300 C4-605 Variant F” airplanes in paragraph (g)(2) of the proposed AD. The correct model name is “A300 C4-605R Variant F” airplanes.

    We agree with the commenter's request. We have corrected the typographical error in this AD.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    Airbus has issued Service Bulletin A300-57-6118, Revision 01, dated January 31, 2017. This service information describes procedures for an inspection of the upper wing skin and top stringer joints at rib 18, and modification of the stringer joint couplings. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 65 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspection and modification 37 work-hours × $85 per hour = $3,145 Up to $9,540 Up to $12,685 Up to $824,525.

    We have received no definitive data that will allow us to provide cost estimates for certain on-condition actions specified in this AD.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-23-04 Airbus: Amendment 39-19098; Docket No. FAA-2017-0710; Product Identifier 2017-NM-019-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Airbus Model A300 B4-605R, B4-622R, B4-603, C4-605R Variant F, B4-620, B4-622, and F4-605R airplanes, certificated in any category, all serial numbers except Model A300 F4-605R airplanes that have embodied Airbus modification 12699 in production.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Reason

    This AD was prompted by a determination that the top stringer joints at rib 18 are an area of uniform stress distribution, which indicates that cracks may develop in adjacent stringers at the same time. We are issuing this AD to detect and correct damage (including cracking) at the stringer joints, which could reduce the structural integrity of the wing.

    (f) Compliance

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

    (g) Definitions

    For the purposes of this AD, the definitions in paragraphs (g)(1) through (g)(5) of this AD apply.

    (1) Group 1 airplanes are defined as Airbus Model A300 B4-603, B4-605R, B4-620, B4-622, and B4-622R airplanes.

    (2) Group 2 airplanes are defined as Airbus Model A300 C4-605R Variant F and F4-605R (if in pre-modification 12699 configuration) airplanes.

    (3) Short range (SR) is defined as airplanes with an average flight time of less than 1.5 flight hours per flight cycle.

    (4) Long range (LR) is defined as airplanes with an average flight time equal to or higher than 1.5 flight hours per flight cycle.

    (5) For determining the “short range” and “long range” airplanes, the average flight time is the total accumulated flight hours, counted from take-off to touch-down, divided by the total accumulated flight cycles at the effective date of this AD.

    (h) Inspection and Modification

    Not before exceeding the applicable lower thresholds as specified in table 1 to paragraph (h) of this AD, and within the compliance times specified in paragraphs (h)(1), (h)(2), (h)(3), and (h)(4) of this AD, as applicable: Accomplish a detailed visual inspection for damage (including cracking) of the upper wing skin and top stringer joints at rib 18 on both wings, do all applicable corrective actions, and do the applicable modification, including related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-6118, Revision 01, dated January 31, 2017, except as required by paragraph (i) of this AD. Do all applicable modifications, related investigative actions, and corrective actions before further flight.

    (1) For Group 1, LR airplanes: Inspect at the time specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD, whichever occurs later.

    (i) Before exceeding 32,500 flight cycles or 70,300 flight hours, whichever occurs first since first flight of the airplane.

    (ii) Within 700 flight cycles, 1,500 flight hours, or 12 months, whichever occurs first after the effective date of this AD.

    (2) For Group 1, SR airplanes: Inspect at the time specified in paragraphs (h)(2)(i) or (h)(2)(ii) of this AD, whichever occurs later.

    (i) Before exceeding 35,100 flight cycles or 52,600 flight hours, whichever occurs first since the first flight of the airplane.

    (ii) Within 700 flight cycles or 1,000 flight hours, or 12 months, whichever occurs first after the effective date of this AD.

    (3) For Group 2, LR airplanes: Inspect before exceeding 35,000 flight cycles or 75,700 flight hours, whichever occurs first since the first flight of the airplane.

    (4) For Group 2, SR airplanes: Inspect before exceeding 37,800 flight cycles or 56,700 flight hours, whichever occurs first since the first flight of the airplane.

    Table 1 to Paragraph (h) of This AD—Compliance Time Lower Thresholds Applicable
  • airplanes
  • Compliance time flight cycles
  • (FC) or flight hours (FH),
  • whichever occurs first since
  • first flight of the airplane
  • Group 1, LR Not before exceeding 30,900 FC or 66,700 FH. Group 1, SR Not before exceeding 28,700 FC or 43,000 FH. Group 2, LR Not before exceeding 28,600 FC or 61,700 FH. Group 2, SR Not before exceeding 34,400 FC or 51,600 FH.
    (i) Service Information Exception

    Where Airbus Service Bulletin A300-57-6118, Revision 01, dated January 31, 2017, specifies to contact Airbus for appropriate action, and specifies that action as “RC” (Required for Compliance): Before further flight, accomplish corrective actions in accordance with the procedures specified in paragraph (k)(2) of this AD.

    (j) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A300-57-6118, dated June 30, 2015.

    (k) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

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

    (l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2017-0023, dated February 10, 2017, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0710.

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

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

    (m) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A300-57-6118, Revision 01, dated January 31, 2017.

    (ii) Reserved.

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

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

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

    Issued in Renton, Washington, on November 3, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-24501 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0715; Product Identifier 2017-NM-073-AD; Amendment 39-19096; AD 2017-23-02] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the fuselage crown skin panels are subject to widespread fatigue damage (WFD). This AD requires repetitive inspections, replacement, and applicable on-condition actions for certain fuselage crown skin panels. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 20, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 20, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0715.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0715; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Jennifer Tsakoumakis, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain The Boeing Company Model 737-200, -200C, -300, -400, and -500 series airplanes. The NPRM published in the Federal Register on August 10, 2017 (82 FR 37366). The NPRM was prompted by an evaluation by the DAH indicating that the fuselage crown skin panels are subject to WFD. The NPRM proposed to require repetitive inspections, replacement, and applicable on-condition actions for certain fuselage crown skin panels.

    We are issuing this AD to detect and correct cracking in the fuselage crown skin panels. Multiple adjacent cracks in the fuselage crown skin could link up and lead to decompression or loss of structural integrity of the airplane.

    Comments

    We gave the public the opportunity to participate in developing this final rule. We have considered the comments received.

    Support for the NPRM

    Boeing concurred with the NPRM.

    Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing Supplemental Type Certificate (STC) ST01219SE does not affect the ability to accomplish the actions specified in the NPRM.

    We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as paragraph (c)(1) and added paragraph (c)(2) to this AD to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017. This service information describes procedures for repetitive inspections, replacement, and applicable on-condition actions for certain fuselage crown skin panels. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 200 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspection Up to 507 work-hours × $85 per hour = $43,095 per inspection cycle $0 Up to $43,095 per inspection cycle Up to $8,619,000 per inspection cycle. Replacement 304 work-hours × $85 per hour = $25,840 per skin panel 95,000 $120,840 per skin panel Up to $24,168,000.

    We have received no definitive data that will enable us to provide cost estimates for the on-condition actions specified in this AD.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-23-02 The Boeing Company: Amendment 39-19096; Docket No. FAA-2017-0715; Product Identifier 2017-NM-073-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to The Boeing Company Model 737-200, -200C, -300, -400, and -500 series airplanes, certificated in any category, as identified in Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017.

    (2) Installation of Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/EBD1CEC7B301293E86257CB30045557A?OpenDocument&Highlight=st01219se) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by an evaluation by the design approval holder indicating that the fuselage crown skin panels are subject to widespread fatigue damage. We are issuing this AD to detect and correct cracking in the fuselage crown skin panels. Multiple adjacent cracks in the fuselage crown skin could link up and lead to decompression or loss of structural integrity of the airplane.

    (f) Compliance

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

    (g) Required Actions

    Except as required by paragraph (h) of this AD: At the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017.

    (h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements of this AD, the phrase “the effective date of this AD” may be substituted for “the original issue date of this service bulletin,” as specified in Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017.

    (2) Where Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, specifies contacting Boeing, and specifies that action as RC: This AD requires using a method approved in accordance with the procedures specified in paragraph (j) of this AD.

    (3) Part 7 of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, specifies post-modification airworthiness limitation inspections in compliance with 14 CFR 25.571(a)(3) at the modified locations to support compliance with 14 CFR 121.1109(c)(2) or 129.109(b)(2). Although Part 7 is identified as RC, this AD does not require accomplishment of Part 7. As airworthiness limitations, these inspections are required by maintenance and operational rules. It is therefore unnecessary to mandate them in this AD. Deviations from these inspections require FAA approval, but do not require approval of an alternative method of compliance.

    (i) Terminating Action for Repetitive Inspections

    (1) Replacement of a skin panel, in accordance with Part 8 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, except as required by paragraph (h)(2) of this AD, terminates the actions specified in Parts 1, 4, and 6 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, as required by paragraph (g) of this AD, for that replaced skin panel only. To be acceptable as terminating action, the replacement may not be done prior to the applicable time specified in Table 4 of paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017.

    (2) Completion of a structural repair manual repair to repair cracking, in accordance with Part 2 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, except as required by paragraph (h)(2) of this AD, terminates the repetitive inspections specified in Part 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, as required by paragraph (g) of this AD, for that repair location only.

    (3) Completion of a “Category C repair” to repair cracking, in accordance with Part 3 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, except as required by paragraph (h)(2) of this AD, terminates the repetitive inspections specified in Part 1 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, as required by paragraph (g) of this AD, for that repair location only.

    (4) Completion of a “Change Category C Repair to SB Repair,” in accordance with Part 6 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, except as required by paragraph (h)(2) of this AD, terminates the inspections specified in Part 4 of the Accomplishment Instructions of Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017, as required by paragraph (g) of this AD, for that repair location only.

    (j) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (k) of this AD. Information may be emailed to: [email protected].

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

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (4) Except as required by paragraphs (h)(2) and (h)(3) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (k) Related Information

    For more information about this AD, contact Jennifer Tsakoumakis, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5264; fax: 562-627-5210; email: [email protected]

    (l) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin 737-53A1358, dated April 27, 2017.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on October 27, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-24164 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0772; Product Identifier 2017-NM-075-AD; Amendment 39-19099; AD 2017-23-05] RIN 2120-AA64 Airworthiness Directives; the Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. This AD was prompted by reports of crack indications in the right wing upper aft skin, originating from fastener holes common to the rear spar upper chord. This AD requires repetitive inspections for cracking of the wing upper aft skin, and applicable on-condition actions. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 20, 2017.

    The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 20, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com. You may view this service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0772.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0772; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes. The NPRM published in the Federal Register on August 15, 2017 (82 FR 38632). The NPRM was prompted by a report of crack indications in the right wing upper aft skin, originating from fastener holes common to the rear spar upper chord at wing buttock line (WBL) 172.30 and WBL 197.38. The cracks were found on airplanes with 58,148 to 64,204 total flight hours and 45,512 to 51,409 total flight cycles. This cracking, if not corrected, could result in the inability of a principal structural element to sustain flight load, which could adversely affect the structural integrity of the airplane. The NPRM proposed to require repetitive inspections for cracking of the wing upper aft skin at and forward of the rear spar upper chord, and applicable on-condition actions.

    We are issuing this AD to detect and correct cracking of the wing upper aft skin, which can lead to the inability of a principal structural element to sustain flight load, and adversely affect the structural integrity of the airplane.

    Comments

    We gave the public the opportunity to participate in developing this final rule. We have considered the comments received.

    Support for the NPRM

    The Boeing Company supported the NPRM.

    Effect of Winglets on Accomplishment of the Proposed Actions

    Aviation Partners Boeing stated that accomplishing the Supplemental Type Certificate (STC) ST01219SE does not affect the actions specified in the NPRM.

    We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as paragraph (c)(1) of this AD and added paragraph (c)(2) to this AD to state that installation of STC ST01219SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017. The service information describes procedures for repetitive inspections for cracking of the wing upper aft skin at and forward of the rear spar upper chord, and applicable on-condition actions. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 160 airplanes of U.S. registry. We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspection 4 work-hours × $85 per hour = $340 per inspection cycle $0 $340 per inspection cycle $54,400 per inspection cycle.

    We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-23-05 The Boeing Company: Amendment 39-19099; Docket No. FAA-2017-0772; Product Identifier 2017-NM-075-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to all The Boeing Company Model 737-100, -200, -200C, -300, -400, and -500 series airplanes, certificated in any category.

    (2) Installation of Supplemental Type Certificate (STC) ST01219SE (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/ebd1cec7b301293e86257cb30045557a/$FILE/ST01219SE.pdf) does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01219SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.

    (d) Subject

    Air Transport Association (ATA) of America Code 57, Wings.

    (e) Unsafe Condition

    This AD was prompted by reports of crack indications in the right wing upper aft skin, originating from fastener holes common to the rear spar upper chord. We are issuing this AD to detect and correct cracking of the wing upper aft skin, which can lead to the inability of a principal structural element to sustain flight load, and adversely affect the structural integrity of the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) For airplanes identified as Group 2 in Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017: Except as required by paragraph (h) of this AD, at the applicable times specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017, do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017.

    (2) For airplanes identified as Group 1 in Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017: Within 120 days after the effective date of this AD, inspect the airplane and do all applicable corrective actions using a method approved in accordance with the procedures specified in paragraph (i) of this AD.

    (h) Exceptions to Service Information Specifications

    (1) For purposes of determining compliance with the requirements of this AD, the phrase “the effective date of this AD” may be substituted for “the original issue date of this service bulletin,” as specified in Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017.

    (2) Where Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017, specifies contacting Boeing, and specifies that action as RC: This AD requires using a method approved in accordance with the procedures specified in paragraph (i) of this AD.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles ACO Branch, FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the certification office, send it to the attention of the person identified in paragraph (j) of this AD. Information may be emailed to: [email protected]

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

    (3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Los Angeles ACO Branch, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.

    (4) Except as required by paragraph (h)(2) of this AD: For service information that contains steps that are labeled as RC, the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) of this AD apply.

    (i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.

    (ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.

    (j) Related Information

    For more information about this AD, contact Payman Soltani, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5313; fax: 562-627-5210; email: [email protected]

    (k) Material Incorporated by Reference

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

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

    (i) Boeing Alert Service Bulletin 737-57A1335, dated May 24, 2017.

    (ii) Reserved.

    (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet https://www.myboeingfleet.com.

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

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

    Issued in Renton, Washington, on November 3, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-24624 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9568; Product Identifier 2016-NM-150-AD; Amendment 39-19077; AD 2017-21-06] RIN 2120-AA64 Airworthiness Directives; 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain 328 Support Services GmbH Model 328-100 and Model 328-300 airplanes. This AD was prompted by reports of broken bonding wires of certain fuel line clamps. This AD requires repetitive inspections of certain fuel line clamps for discrepancies; repetitive inspections of certain parts for chafing marks; and replacement of any discrepant parts. This AD also includes an optional modification, which is a terminating action for the inspections. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 20, 2017.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 20, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact 328 Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666; fax +49 8153 88111 6565; email [email protected]; Internet http://www.328support.de. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9568.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9568; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Todd Thompson, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.

    SUPPLEMENTARY INFORMATION: Discussion

    We issued a supplemental notice of proposed rulemaking (SNPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain 328 Support Services GmbH Model 328-100 and Model 328-300 airplanes. The SNPRM published in the Federal Register on June 30, 2017 (82 FR 29786) (“the SNPRM”). We preceded the SNPRM with a notice of proposed rulemaking (NPRM) that published in the Federal Register on January 11, 2017 (82 FR 3217) (“the NPRM”). The NPRM proposed to require a one-time inspection of certain fuel line clamps for discrepancies, and replacement of any discrepant clamps. The NPRM was prompted by reports of broken bonding wires of certain fuel line clamps. The SNPRM proposed to expand the applicability and require repetitive inspections of certain fuel line clamps for discrepancies; repetitive inspections of certain jet fuel pumps, connection parts, and fuel lines for chafing marks; a measurement of the depth of the chafing marks on affected parts; and replacement of any discrepant parts. We are issuing this AD to prevent the loss of bonding function, which, in combination with a lightning strike, could create a source of ignition in a fuel tank, possibly resulting in a fire or explosion and consequent loss of the airplane.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2017-0016, dated January 31, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain 328 Support Services GmbH Model 328-100 and Model 328-300 airplanes. The MCAI states:

    Occurrences of broken bonding wires of the fuel line clamps have been reported on Dornier 328-100 and Dornier 328-300 aeroplanes equipped with fuel line clamps Part Number (P/N) 14C02-10A, or P/N 14C02-12A, or P/N 14C02-16A. The affected fuel line clamps have been installed in accordance with the instructions of Dornier 328 Service Bulletin (SB) SB-328-28-490 or SB-328J-28-241, as applicable, to reduce occurrences of fuel line chafing.

    The results of the investigation did not identify design deficiency or production failure of the fuel line clamps. It is assumed that the chafing and breaking of the bonding wires are caused either by excessive vibration, misalignment, excessive installation tolerances or mistakes on installation or a combination thereof.

    This condition, if not detected and corrected, could lead to the loss of bonding function and, in combination with a lightning strike, create a source of ignition in a fuel tank, possibly resulting in a fire or explosion and consequent loss of the aeroplane.

    To address the unsafe condition, 328 Support Services issued Alert SB (ASB) ASB-328-28-041 (for Dornier 328-100) and ASB-328J-28-018 (for Dornier 328-300), providing inspection instructions.

    Consequently, EASA issued AD 2016-0169 [which corresponds to the NPRM] to require a one-time inspection of the fuel line clamps and, depending on findings, replacement. That [EASA] AD also required the reporting of all inspection results to the design approval holder.

    Since that [EASA] AD was issued, it was determined that repetitive inspections are necessary and 328 Support Services revised the applicable ASBs accordingly.

    For the reason described above, this [EASA] AD retains the requirements of EASA AD 2016-0169, which is superseded, and requires repetitive inspections of all Hydraflow fuel line clamps [i.e., a general visual inspection of all Hydraflow fuel line clamps for worn and missing bonding wires; a general visual inspection of the jet pump outlet, connection part, and fuel lines for chafing marks; and a measurement of the depth of the chafing marks on affected parts] and continued reporting to the TC Holder.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9568.

    Comments

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

    Request To Incorporate a New Optional Terminating Action

    One commenter, Christoph Thallmayr, stated that 328 Support Services has released Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017; and Service Bulletin SB-328J-28-322, Revision 1, dated July 10, 2017. The commenter noted that this service information contains instructions for a modification, which is considered a terminating action to the inspections specified in the SNPRM. The commenter requested that we incorporate the terminating action and applicable service information into the final rule.

    We agree with the commenter's request. We have added paragraph (l) to this AD to allow operators to accomplish an optional terminating modification, which must be done in accordance with 328 Support Services GmbH Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017; or Service Bulletin SB-328J-28-322, Revision 1, dated July 10, 2017; as applicable. We also have redesignated subsequent paragraphs accordingly.

    Conclusion

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

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

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

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

    Related Service Information Under 1 CFR Part 51

    328 Support Services GmbH has issued Alert Service Bulletin ASB-328J-28-018, Revision 2, dated December 12, 2016; and Alert Service Bulletin ASB-328-28-041, Revision 2, dated December 12, 2016. The service information describes procedures for a general visual inspection of all Hydraflow fuel line clamps for worn and missing bonding wires; a general visual inspection of the jet pump outlet, connection part, and fuel lines for chafing marks; a measurement of the depth of the chafing marks; and replacement of discrepant parts. These documents are distinct since they apply to different airplane models.

    328 Support Services GmbH has also issued Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017; and Service Bulletin SB-328J-28-322, Revision 1, dated July 10, 2017. The service information describes procedures for modifying the wing tank distribution system. These documents are distinct since they apply to different airplane models.

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

    Costs of Compliance

    We estimate that this AD affects 25 airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per product Cost on U.S.
  • operators
  • Inspections/measurement 8 work-hours × $85 per hour = $680 per inspection cycle $0 $680 per inspection cycle $17,000 per inspection cycle. Reporting 1 work hour × $85 per hour = $85 per inspection cycle 0 $85 per inspection cycle $2,125 per inspection cycle.
    Estimated Costs for Optional Actions Action Labor cost Parts cost Cost per
  • product
  • Modification Up to 12 work-hours × $85 per hour = $1,020 Up to $2,800 Up to $3,820.

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

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement Up to 1 work-hour × $85 per hour = $85 Up to $588 Up to $673.
    Paperwork Reduction Act

    A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB control number. The control number for the collection of information required by this AD is 2120-0056. The paperwork cost associated with this AD has been detailed in the Costs of Compliance section of this document and includes time for reviewing instructions, as well as completing and reviewing the collection of information. Therefore, all reporting associated with this AD is mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at 800 Independence Ave. SW., Washington, DC 20591, ATTN: Information Collection Clearance Officer, AES-200.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-21-06 328 Support Services GmbH (Type Certificate previously held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH): Amendment 39-19077; Docket No. FAA-2016-9568; Product Identifier 2016-NM-150-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to 328 Support Services GmbH (Type Certificate Previously Held by AvCraft Aerospace GmbH; Fairchild Dornier GmbH; Dornier Luftfahrt GmbH) airplanes, certificated in any category, as identified in paragraphs (c)(1) and (c)(2) of this AD.

    (1) Model 328-100 airplanes, all serial numbers.

    (2) Model 328-300 airplanes, all serial numbers.

    (d) Subject

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

    (e) Reason

    This AD was prompted by reports of broken bonding wires of certain fuel line clamps. We are issuing this AD to prevent the loss of bonding function, which, in combination with a lightning strike, could create a source of ignition in a fuel tank, possibly resulting in a fire or explosion and consequent loss of the airplane.

    (f) Compliance

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

    (g) Repetitive Inspections

    Within 6 months after the effective date of this AD, do a general visual inspection of all Hydraflow fuel line clamps for worn and missing bonding wires; do a general visual inspection of the jet pump outlet, connection part, and fuel lines for chafing marks; and for parts with chafing marks, before further flight, measure the depth of the chafing marks; in accordance with the Accomplishment Instructions of the service information specified in paragraph (g)(1) or (g)(2) of this AD, as applicable. Repeat the inspections thereafter at intervals not to exceed 2,500 flight hours.

    (1) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-041, Revision 2, dated December 12, 2016 (for Model 328-100 airplanes).

    (2) 328 Support Services GmbH Alert Service Bulletin ASB-328J-28-018, Revision 2, dated December 12, 2016 (for Model 328-300 airplanes).

    (h) Replacement of Parts

    (1) If any worn or missing bonding wires are found during any inspection required by paragraph (g) of this AD, before further flight, replace all affected clamps, in accordance with the Accomplishment Instructions of the service information specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.

    (2) If, during any inspection required by paragraph (g) of this AD, any chafing depth is found that is more than the replacement limits specified in the Accomplishment Instructions of the service information specified in paragraph (g)(1) or (g)(2) of this AD, as applicable, before further flight, replace all affected parts, in accordance with the Accomplishment Instructions of the service information specified in paragraph (g)(1) or (g)(2) of this AD, as applicable.

    (i) Reporting

    At the applicable time specified in paragraph (i)(1) or (i)(2) of this AD, report the inspection results, positive or negative, to 328 Support Services, GmbH, Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal Republic of Germany; fax +49 8153 88111 6565; email [email protected] The report must include findings on fuel line clamps, aircraft serial number, total flight hours, and total landings.

    (1) If the inspection was done on or after the effective date of this AD: Submit the report within 30 days after the inspection.

    (2) If the inspection was done before the effective date of this AD: Submit the report within 30 days after the effective date of this AD.

    (j) Credit for Previous Actions

    This paragraph provides credit for the initial inspection, parts replacement, and initial report required by paragraphs (g), (h), and (i) of this AD, if those actions were performed before the effective date of this AD using the service information specified in paragraphs (j)(1) through (j)(4) of this AD.

    (1) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-041, dated June 14, 2016.

    (2) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-041, Revision 1, dated October 13, 2016.

    (3) 328 Support Services GmbH Alert Service Bulletin ASB-328J-28-018, dated June 3, 2016.

    (4) 328 Support Services GmbH Alert Service Bulletin ASB-328J-28-018, Revision 1, dated October 13, 2016.

    (k) Clamp Replacement: No Terminating Action if Clamp Replacement is Done

    Replacement of clamps as required by paragraph (h) of this AD does not constitute terminating action for the repetitive inspections required by paragraph (g) of this AD for that airplane.

    (l) Optional Terminating Modification

    Modification of the wing tank distribution system, in accordance with the Accomplishment Instructions of 328 Support Services GmbH Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017; or 328 Support Services GmbH Service Bulletin SB-328J-28-322, Revision 1, dated July 10, 2017, as applicable, terminates the actions required by paragraphs (g), (h), and (i) of this AD for the modified airplane.

    (m) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

    (2) Contacting the Manufacturer: For any requirement in this AD to obtain corrective actions from a manufacturer, the action must be accomplished using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or 328 Support Services GmbH's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (3) Reporting Requirements: A federal agency may not conduct or sponsor, and a person is not required to respond to, nor shall a person be subject to a penalty for failure to comply with a collection of information subject to the requirements of the Paperwork Reduction Act unless that collection of information displays a current valid OMB Control Number. The OMB Control Number for this information collection is 2120-0056. Public reporting for this collection of information is estimated to be approximately 5 minutes per response, including the time for reviewing instructions, completing and reviewing the collection of information. All responses to this collection of information are mandatory. Comments concerning the accuracy of this burden and suggestions for reducing the burden should be directed to the FAA at: 800 Independence Ave. SW., Washington, DC 20591, Attn: Information Collection Clearance Officer, AES-200.

    (n) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Airworthiness Directive 2017-0016, dated January 31, 2017, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9568.

    (2) For more information about this AD, contact Todd Thompson, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1175; fax 425-227-1149.

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

    (o) Material Incorporated by Reference

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

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

    (i) 328 Support Services GmbH Alert Service Bulletin ASB-328-28-041, Revision 2, dated December 12, 2016.

    (ii) 328 Support Services GmbH Alert Service Bulletin ASB-328J-28-018, Revision 2, dated December 12, 2016.

    (iii) 328 Support Services GmbH Service Bulletin SB-328-28-553, Revision 1, dated July 10, 2017.

    (iv) 328 Support Services GmbH Service Bulletin SB-328J-28-322, Revision 1, dated July 10, 2017.

    (3) For service information identified in this AD, contact 328 Support Services GmbH, Global Support Center, P.O. Box 1252, D-82231 Wessling, Federal Republic of Germany; telephone +49 8153 88111 6666; fax +49 8153 88111 6565; email [email protected]; Internet http://www.328support.de.

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

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

    Issued in Renton, Washington, on October 11, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-22561 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0528; Product Identifier 2017-NM-028-AD; Amendment 39-19091; AD 2017-22-11] RIN 2120-AA64 Airworthiness Directives; Bombardier, Inc., Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes. This AD was prompted by reports of in-service incidents regarding the loss of all air data system information provided to the flightcrew. This AD requires revising the airplane flight manual (AFM) to provide “Unreliable Airspeed” procedures to the flightcrew to stabilize the airplane's airspeed and attitude for continued safe flight and landing. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective December 20, 2017.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of December 20, 2017.

    ADDRESSES:

    For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-7401; email: [email protected]; Internet: http://www.bombardier.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0528.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0528; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Assata Dessaline, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7301; fax: 516-794-5531.

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes. The NPRM published in the Federal Register on June 5, 2017 (82 FR 25746) (“the NPRM”). The NPRM was prompted by reports of in-service incidents regarding the loss of all air data system information provided to the flightcrew. The NPRM proposed to require revising the AFM to provide “Unreliable Airspeed” procedures to the flightcrew to stabilize the airplane's airspeed and attitude for continued safe flight and landing. We are issuing this AD to provide the flightcrew with procedures for “Unreliable Airspeed” that stabilize the airplane's airspeed and attitude for continued safe flight and landing.

    Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2017-01, dated January 6, 2017 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes. The MCAI states:

    A number of in-service incidents have been reported on CL-600-2C10 aeroplanes regarding a loss of all air data information provided to the crew. The air data information was recovered as the aeroplane descended to lower altitudes. An investigation determined that the root cause in both events was high altitude icing (ice crystal contamination). If not recognized and addressed, this condition may affect continued safe flight and landing.

    Due to similarities in the air data systems, similar events could happen on Bombardier Inc. CL-600-2B16 aeroplanes.

    This [Canadian] AD mandates the incorporation of Aircraft Flight Manual (AFM) procedures to guide the crew to stabilize the aeroplanes airspeed and attitude for continued safe flight and landing.

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0528.

    Comments

    We gave the public the opportunity to participate in developing this AD. We considered the comment received.

    Request To Clarify Introduction of “Unreliable Airspeed” AFM Procedures

    The commenter, Marjolaine Bourget, stated that the “unreliable airspeed” procedures, while provided in the AFM revisions identified in the proposed requirements, were actually introduced in the previous revision of the identified AFMs.

    From this statement, we infer that the commenter was requesting that we add a statement that the “unreliable airspeed” procedures were introduced in the previous revision of the identified AFMs. The commenter provided no justification for this request. We acknowledge that the “unreliable airspeed” procedures were introduced in an earlier revision of the identified AFMs. We have revised this AD by adding new paragraph (h) to this AD that provides credit to operators for previously completing the actions required by paragraph (g) of this AD if they used the applicable previous AFM revision.

    Conclusion

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

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

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

    Related Service Information Under 1 CFR Part 51

    Bombardier, Inc., has issued Unreliable Airspeed, of Section 03-15, Instruments System, of Chapter 3, Emergency Procedures, of the following AFMs:

    • Bombardier Challenger 604 AFM, Publication No. CH 604 AFM, Revision 103, dated November 28, 2016.

    • Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, Revision 41, dated November 28, 2016.

    • Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, Revision 6, dated November 28, 2016.

    This service information provides revisions to the Emergency Procedures section of the AFM to incorporate a procedure for “Unreliable Airspeed.” These documents are distinct since they apply to different airplane configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 128 airplanes of U.S. registry.

    We also estimate that it takes about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $10,880, or $85 per product.

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    3. Will not affect intrastate aviation in Alaska; and

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

    List of Subjects in 14 CFR Part 39

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

    Adoption of the Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): 2017-22-11 Bombardier, Inc.: Amendment 39-19091; Docket No. FAA-2017-0528; Product Identifier 2017-NM-028-AD. (a) Effective Date

    This AD is effective December 20, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes, certificated in any category; serial numbers 5301 through 5665 inclusive; 5701 through 5988 inclusive; and 6050 through 6080 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 34, Navigation.

    (e) Reason

    This AD was prompted by reports of in-service incidents regarding the loss of all air data system information provided to the flightcrew. We are issuing this AD to provide the flightcrew with procedures for “Unreliable Airspeed” that stabilize the airplane's airspeed and attitude for continued safe flight and landing.

    (f) Compliance

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

    (g) Revision of the Airplane Flight Manual (AFM)

    Within 30 days after the effective date of this AD: Revise the Emergency Procedures section of the AFM to include the information in Unreliable Airspeed, of Section 03-15, Instruments System, of Chapter 3, Emergency Procedures, of the applicable AFM specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD. These revisions incorporate a procedure for “Unreliable Airspeed.” Thereafter, operate the airplane according to the limitation and procedure in the applicable revision.

    (1) For airplanes having serial numbers 5301 through 5665 inclusive: Bombardier Challenger 604 AFM, Publication No. CH 604 AFM, Revision 103, dated November 28, 2016.

    (2) For airplanes having serial numbers 5701 through 5988 inclusive (marketing designation—Challenger 605): Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, Revision 41, dated November 28, 2016.

    (3) For airplanes having serial numbers 6050 through 6080 inclusive (marketing designation—Challenger 650): Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, Revision 6, dated November 28, 2016.

    (h) Credit for Previous Actions

    This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using the applicable AFM revision specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD.

    (1) For airplanes having serial numbers 5301 through 5665 inclusive: Bombardier Challenger 604 AFM, Publication No. CH 604 AFM, Revision 102, dated August 30, 2016.

    (2) For airplanes having serial numbers 5701 through 5988 inclusive (marketing designation—Challenger 605): Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, Revision 40, dated August 30, 2016.

    (3) For airplanes having serial numbers 6050 through 6080 inclusive (marketing designation—Challenger 650): Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, Revision 5, dated August 30, 2016.

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2017-01, dated January 6, 2017, for related information for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0528.

    (2) For more information about this AD, contact Assata Dessaline, Aerospace Engineer, Avionics and Administrative Services Section, FAA, New York ACO Branch, 1600 Stewart Avenue, Suite 410, Westbury, NY 11590; telephone: 516-228-7301; fax: 516-794-5531.

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

    (k) Material Incorporated by Reference

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

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

    (i) Bombardier Challenger 604 Airplane Flight Manual (AFM), Publication No. CH 604 AFM, Revision 103, dated November 28, 2016.

    (ii) Bombardier Challenger 605 AFM, Publication No. CH 605 AFM, Revision 41, dated November 28, 2016.

    (iii) Bombardier Challenger 650 AFM, Publication No. CH 650 AFM, Revision 6, dated November 28, 2016.

    (3) For service information identified in this AD, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; telephone: 514-855-5000; fax: 514-855-7401; email: [email protected]; Internet: http://www.bombardier.com.

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

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

    Issued in Renton, Washington, on October 20, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-23996 Filed 11-14-17; 8:45 am] BILLING CODE 4910-13-P
    FEDERAL TRADE COMMISSION 16 CFR Part 314 [RIN 3084-AB41] Disposal of Consumer Report Information and Records AGENCY:

    Federal Trade Commission.

    ACTION:

    Confirmation of rule.

    SUMMARY:

    The Federal Trade Commission has completed its regulatory review of its rule regarding Disposal of Consumer Report Information and Records as part of the Commission's systematic review of all current Commission rules and guides, and has determined to retain the Rule in its current form.

    DATES:

    This action is effective on November 15, 2017.

    ADDRESSES:

    Relevant portions of the proceeding, including this document, are available at www.ftc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Tiffany George, (202) 326-3040, Attorney, Division of Privacy and Identity Protection, Federal Trade Commission, Washington, DC 20580.

    SUPPLEMENTARY INFORMATION:

    I. Introduction

    In September 2016, the Federal Trade Commission (“FTC” or “Commission”) requested comments on its rule regarding Disposal of Consumer Report Information and Records (“Disposal Rule” or “Rule”), as part of its comprehensive regulatory review program. Specifically, the Commission sought comments on the Rule's costs and benefits, and on whether it should modify the Rule to account for changes in technology or information destruction standards.

    After considering the comments, the Commission has determined to retain the Rule without amendment. Most of the commenters who addressed the issue supported the Rule's current provisions. A few commenters recommended expanding the Rule's provisions. Because the Commission has not seen any evidence of problematic acts or practices that any proposed modification would address, it has determined not to amend the Rule at this time.

    This document provides background, analyzes the comments, and further explains the Commission's decision.

    II. Background

    The Fair and Accurate Credit Transactions Act (“FACTA” or “Act”) was enacted in 2003. In part, the Act amended the Fair Credit Reporting Act (“FCRA”) by requiring that any person that maintains or otherwise possesses consumer information, or any compilation of consumer information, derived from consumer reports for a business purpose, properly dispose of any such information or compilation. The Act also required the Commission and other federal agencies to promulgate rules regarding the proper disposal of consumer report information and records.

    Pursuant to the Act's directive, the Commission promulgated the Disposal Rule in 2004, which became effective on June 1, 2005.1 The Disposal Rule requires that persons over which the FTC has jurisdiction who maintain or otherwise possess consumer information for a business purpose properly dispose of such information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. The Rule defines “consumer information” as “any record about an individual, whether in paper, electronic, or other form, that is a consumer report or is derived from a consumer report. Consumer information also means a compilation of such records. Consumer information does not include information that does not identify individuals, such as aggregate information or blind data.” 2

    1See 69 FR 68690 (Nov. 24, 2004); 16 CFR 682.

    2See 16 CFR 682.1(b).

    The Rule includes several examples of what the Commission believes constitute reasonable measures to protect consumer information in connection with its disposal, including policies and procedures that require (1) the burning, pulverizing, or shredding of papers or (2) the destruction or erasure of electronic media containing consumer information so that the information cannot practicably be read or reconstructed. These examples are intended to provide covered entities with guidance on how to comply with the Rule, but are not intended to be safe harbors or exclusive methods for compliance. In promulgating the Rule, the FTC noted that there are few foolproof methods of record destruction and that entities covered by the Rule must consider their own unique circumstances when determining how to best comply with the Rule.

    In September 2016, the Commission published a Notice seeking comment on the Rule as part of the Commission's ongoing comprehensive regulatory review program.3 The Notice sought comment on the Rule's overall costs, benefits, necessity, and regulatory and economic impact. The Notice also asked for comment on whether the Commission should modify the Rule in light of changes in technology and industry standards and practices.

    3 Federal Trade Commission: Disposal of Consumer Report Information: Request for Comments, 81 FR 63435 (Sept. 15, 2016).

    III. Regulatory Review Comments and Analysis

    The Commission received 11 comments in response to the Notice during the comment period.4 Comments were filed by individuals, trade associations, and research organizations. The Commission received comments from such diverse organizations as the National Automobile Dealers Association (“NADA”), Data & Marketing Association (“DMA”), National Association for Information Destruction (“NAID”), Consumer Data Industry Association (“CDIA”), Electronic Transactions Association (“ETA”), and Electronic Privacy Information Center (“EPIC”).

    4 The comments are posted at: https://www.ftc.gov/policy/public-comments/initiative-672. The Commission has assigned each comment a number appearing after the name of the commenter and the date of submission. This notice cites comments using the last name of the individual submitter or the name of the organization, followed by the number assigned by the Commission.

    All of the commenters addressing the issue supported the Rule overall. Indeed, none of the commenters advocated repealing the Rule or narrowing its scope. For example, NADA stated that “the Disposal Rule is well-established and working effectively and we do not believe it needs to be changed or amended in any significant way.” 5 In addition, ETA noted that “the Disposal Rule as currently written effectively promotes consumer information security.” 6

    5See National Automobile Dealers Association (Comment #00013).

    6See Electronic Transactions Association (Comment #00011).

    Commenters differed on whether the Commission should expand the Rule's scope. Two organizations supported expanding the Rule. For example, NAID recommended that the Commission “add provisions and clarity to provide direction (and enforcement) related to . . . emerging issues” caused by advances in technology, such as the applicability of the Rule to third-party hardware providers (e.g., digital copier manufacturers who might retain a copy of consumer information) or cloud providers that may maintain consumer information. NAID also recommended expanding the definition of consumer information “as broadly as possible” because most covered entities already have considerably broad policies in place.7 EPIC supported expanding the definition of consumer information “to include information that is linked or linkable to an individual” because it “represents a more flexible, technology neutral approach that is consistent with the reality of modern business practices.” 8

    7See National Association for Information Destruction (Comment #00009).

    8See Electronic Privacy Information Center (Comment #00015).

    Most trade associations argued against expansion of the Rule, asserting that laws and guidance currently in place sufficiently protect consumers. For instance, CDIA stated “[t]here is no net benefit in requiring consumer reporting agencies to incur the additional costs and burdens of applying the Disposal Rule to aggregate information, blind data, or otherwise de-identified data when such a change would not address any identified consumer harm or provide consumers with additional protection.” 9 DMA commented that “[e]xpanding the scope of the Disposal Rule could unnecessarily risk stifling an innovative sector that has created enormous job opportunities and provides consumers with robust benefits.” 10

    9See Consumer Data Industry Association (Comment #00010).

    10See Data & Marketing Association (Comment #00012).

    The Commission agrees with the commenters who stated that the Rule should continue as it is and that it is not necessary to expand the Rule. No commenter who supported expansion of the Rule provided any evidence of problematic acts or practices that remain unaddressed with the scope of the current Rule.

    As to NAID's comment requesting clarity on emerging issues relating to advances in technology including the applicability of the Rule to third-party service providers, the Commission notes that the Rule already applies to “[a]ny person who maintains or otherwise possesses consumer information for a business purpose” and requires “reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal.” 11 Thus, the Commission does not believe a Rule change is needed to address this issue.

    11See 16 CFR 682.3(a).

    As to the commenters that were concerned that the definition of “consumer information” is too limiting, the Commission notes that the definition—which excludes “aggregate information” and “blind data”—is not limited to information that identifies a consumer by name only. The Statement of Basis and Purpose to the final Rule noted that the terms “aggregate information” and “blind data” are intended to have the same meaning as in the Commission's Gramm-Leach-Bliley Act Rule regarding the Privacy of Consumer Financial Information, 16 CFR part 313 (the “GLB Privacy Rule”). The GLB Privacy Rule in turn defines aggregate information or blind data as information “that does not contain personal identifiers such as account numbers, names, or addresses.” 12 In addition, in the Statement of Basis and Purpose for the Disposal Rule, the Commission stated that there are “a variety of personal identifiers beyond simply a person's name that would bring information within the scope of the Rule, including, but not limited to, a social security number, driver's license number, phone number, physical address, and email address.” 13 The Commission did not include a rigid definition in the final Rule because it noted that, depending upon the circumstances, data elements that are not inherently identifying can, in combination, identify particular individuals.14

    12See 69 FR at 68692; 16 CFR 313.3(o)(2)(ii).

    13 69 FR at 68692.

    14Id.

    Thus, the rulemaking record makes clear that the definition of “consumer information” is not unduly limited. It may include other information that can be used to identify an individual. The Commission does not believe it is necessary to amend the Rule on this point.

    In light of the comments received, the Commission concludes that a continuing need exists for the Rule and that costs imposed on businesses are reasonable. The Commission has determined to retain the Rule without amendment at this time. The Commission will continue to monitor changes in technology and industry standards and practices to determine if it should take action in the future.

    By direction of the Commission.

    Donald S. Clark, Secretary.
    [FR Doc. 2017-24728 Filed 11-14-17; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF THE TREASURY Internal Revenue Service 26 CFR Part 1 [TD 9803] RIN 1545-BL87 Treatment of Certain Transfers of Property to Foreign Corporations; Correction AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Correcting amendment.

    SUMMARY:

    This document contains corrections to final regulations (TD 9803) that were published in the Federal Register on Friday, December 16, 2016. The final regulations are related to certain transfers of property by United States persons to foreign corporations.

    DATES:

    This correction is effective on November 15, 2017 and is applicable on or after December 16, 2016.

    FOR FURTHER INFORMATION CONTACT:

    Lynlee Baker at (202) 317-6937 (not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Background

    The final regulations (TD 9803) that are the subject of this correction are issued under section 367 of the Internal Revenue Code.

    Need for Correction

    As published, the final regulations published in the Federal Register on Friday, December 16, 2016 (81 FR 91012) (TD 9803) contain an error that needs to be corrected. Specifically, paragraph (e) was inadvertently omitted from the final regulations.

    List of Subjects in 26 CFR Part 1

    Income taxes, Reporting and recordkeeping requirements.

    Correction of Publication

    Accordingly, 26 CFR part 1 is corrected by making the following correcting amendment:

    PART 1—INCOME TAXES Paragraph 1. The authority citation for part 1 continues to read in part as follows: Authority:

    26 U.S.C. 7805 * * *

    Par. 2. Section 1.367(a)-1 is amended by adding paragraph (e) to read as follows:
    § 1.367(a)-1 Transfers to foreign corporations subject to section 367(a): In general.

    (e) Close of taxable year in certain section 368(a)(1)(F) reorganizations. If a domestic corporation is the transferor corporation in a reorganization described in section 368(a)(1)(F) after March 30, 1987, in which the acquiring corporation is a foreign corporation, then the taxable year of the transferor corporation shall end with the close of the date of the transfer and the taxable year of the acquiring corporation shall end with the close of the date on which the transferor's taxable year would have ended but for the occurrence of the transfer. With regard to the consequences of the closing of the taxable year, see section 381 and the regulations thereunder.

    Martin V. Franks, Chief, Publications and Regulations Branch, Legal Processing Division, Associate Chief Counsel (Procedure and Administration).
    [FR Doc. 2017-24687 Filed 11-14-17; 8:45 am] BILLING CODE 4830-01-P
    PENSION BENEFIT GUARANTY CORPORATION 29 CFR Part 4022 Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Paying Benefits AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Final rule.

    SUMMARY:

    This final rule amends the Pension Benefit Guaranty Corporation's regulation on Benefits Payable in Terminated Single-Employer Plans to prescribe interest assumptions under the regulation for valuation dates in December 2017. The interest assumptions are used for paying benefits under terminating single-employer plans covered by the pension insurance system administered by PBGC.

    DATES:

    Effective December 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Daniel S. Liebman ([email protected]), Acting Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005, 202-326-4400 ext. 6510. (TTY/TDD users may call the Federal relay service toll-free at 1-800-877-8339 and ask to be connected to 202-326-4400, ext. 6510.)

    SUPPLEMENTARY INFORMATION:

    PBGC's regulation on Benefits Payable in Terminated Single-Employer Plans (29 CFR part 4022) prescribes actuarial assumptions—including interest assumptions—for paying plan benefits under terminated single-employer plans covered by title IV of the Employee Retirement Income Security Act of 1974. The interest assumptions in the regulation are also published on PBGC's Web site (http://www.pbgc.gov).

    PBGC uses the interest assumptions in appendix B to part 4022 to determine whether a benefit is payable as a lump sum and to determine the amount to pay. Appendix C to part 4022 contains interest assumptions for private-sector pension practitioners to refer to if they wish to use lump-sum interest rates determined using PBGC's historical methodology. Currently, the rates in appendices B and C of the benefit payment regulation are the same.

    The interest assumptions are intended to reflect current conditions in the financial and annuity markets. Assumptions under the benefit payments regulation are updated monthly. This final rule updates the benefit payments interest assumptions for December 2017.1

    1 Appendix B to PBGC's regulation on Allocation of Assets in Single-Employer Plans (29 CFR part 4044) prescribes interest assumptions for valuing benefits under terminating covered single-employer plans for purposes of allocation of assets under ERISA section 4044. Those assumptions are updated quarterly.

    The December 2017 interest assumptions under the benefit payments regulation will be 0.75 percent for the period during which a benefit is in pay status and 4.00 percent during any years preceding the benefit's placement in pay status. In comparison with the interest assumptions in effect for November 2017, these assumptions are unchanged.

    PBGC has determined that notice and public comment on this amendment are impracticable and contrary to the public interest. This finding is based on the need to determine and issue new interest assumptions promptly so that the assumptions can reflect current market conditions as accurately as possible.

    Because of the need to provide immediate guidance for the payment of benefits under plans with valuation dates during December 2017, PBGC finds that good cause exists for making the assumptions set forth in this amendment effective less than 30 days after publication.

    PBGC has determined that this action is not a “significant regulatory action” under the criteria set forth in Executive Order 12866.

    Because no general notice of proposed rulemaking is required for this amendment, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2).

    List of Subjects in 29 CFR Part 4022

    Employee benefit plans, Pension insurance, Pensions, Reporting and recordkeeping requirements.

    In consideration of the foregoing, 29 CFR part 4022 is amended as follows:

    PART 4022—BENEFITS PAYABLE IN TERMINATED SINGLE-EMPLOYER PLANS 1. The authority citation for part 4022 continues to read as follows: Authority:

    29 U.S.C. 1302, 1322, 1322b, 1341(c)(3)(D), and 1344.

    2. In appendix B to part 4022, Rate Set 290 is added to the table in numerical order to read as follows: Appendix B to Part 4022—Lump Sum Interest Rates for PBGC Payments Rate set For plans with a valuation date On or after Before Immediate
  • annuity rate
  • (percent)
  • Deferred annuities
  • (percent)
  • i 1 i 2 i 3 n 1 n 2
    *         *         *         *         *         *         * 290 12-1-17 1-1-18 0.75 4.00 4.00 4.00 7 8
    3. In appendix C to part 4022, Rate Set 290 is added to the table in numerical order to read as follows: Appendix C to Part 4022—Lump Sum Interest Rates for Private-Sector Payments Rate set For plans with a valuation date On or after Before Immediate
  • annuity rate
  • (percent)
  • Deferred annuities
  • (percent)
  • i 1 i 2 i 3 n 1 n 2
    *         *         *         *         *         *         * 290 12-1-17 1-1-18 0.75 4.00 4.00 4.00 7 8
    Daniel S. Liebman, Acting Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.
    [FR Doc. 2017-24597 Filed 11-14-17; 8:45 am] BILLING CODE 7709-02-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 RIN 0648-XF775 Fraser River Sockeye and Pink Salmon Fisheries; Inseason Orders AGENCY:

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

    ACTION:

    Temporary orders; inseason orders.

    SUMMARY:

    NMFS publishes Fraser River salmon inseason orders to regulate treaty and non-treaty (all citizen) commercial salmon fisheries in U.S. waters. The orders were issued by the Fraser River Panel (Panel) of the Pacific Salmon Commission (Commission) and subsequently approved and issued by NMFS during the 2017 salmon fisheries within the U.S. Fraser River Panel Area. These orders established fishing dates, times, and areas for the gear types of U.S. treaty Indian and all citizen commercial fisheries during the period the Panel exercised jurisdiction over these fisheries.

    DATES:

    The effective dates for the inseason orders are set out in this document under the heading Inseason Orders.

    FOR FURTHER INFORMATION CONTACT:

    Peggy Mundy at 206-526-4323.

    SUPPLEMENTARY INFORMATION:

    The Treaty between the Government of the United States of America and the Government of Canada concerning Pacific Salmon was signed at Ottawa on January 28, 1985, and subsequently was given effect in the United States by the Pacific Salmon Treaty Act (Act) at 16 U.S.C. 3631-3644.

    Under authority of the Act, Federal regulations at 50 CFR part 300, subpart F, provide a framework for the implementation of certain regulations of the Commission and inseason orders of the Commission's Fraser River Panel for U.S. sockeye and pink salmon fisheries in the Fraser River Panel Area.

    The regulations close the U.S. portion of the Fraser River Panel Area to U.S. sockeye and pink salmon tribal and non-tribal commercial fishing unless opened by Panel orders that are given effect by inseason regulations published by NMFS. During the fishing season, NMFS may issue regulations that establish fishing times and areas consistent with the Commission agreements and inseason orders of the Panel. Such orders must be consistent with domestic legal obligations and are issued by the Regional Administrator, West Coast Region, NMFS. Official notification of these inseason actions is provided by two telephone hotline numbers described at 50 CFR 300.97(b)(1) and in 82 FR 19631 (April 28, 2017). The inseason orders are published in the Federal Register as soon as practicable after they are issued. Due to the frequency with which inseason orders are issued, publication of individual orders is impractical.

    Inseason Orders

    The following inseason orders were adopted by the Panel and issued for U.S. fisheries by NMFS during the 2017 fishing season. Each of the following inseason actions was effective upon announcement on telephone hotline numbers as specified at 50 CFR 300.97(b)(1) and in 82 FR 19631 (April 28, 2017); those dates and times are listed herein. The times listed are local times, and the areas designated are Puget Sound Management and Catch Reporting Areas as defined in the Washington State Administrative Code at Chapter 220-22.

    Fraser River Panel Order Number 2017-01: Issued 12:55 p.m., August 22, 2017 Treaty Indian Fishery

    Areas 4B, 5, and 6C: Open to drift gillnets 12 p.m. (noon), Wednesday, August 23, 2017, to 12 p.m. (noon), Saturday, August 26, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Wednesday, August 23, 2017, from 5 a.m. to 9 p.m., Thursday, August 24, 2017, and from 5 a.m. to 9p.m., Friday August 25, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Fraser River Panel Order Number 2017-02: Issued 3:30 p.m., August 24, 2017 Treaty Indian Fishery

    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Saturday, August 26, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Areas 6, 7, and 7A: Open to purse seines and gillnets from 5 a.m., Friday, August 25, 2017, to 9 a.m., Saturday, August 26, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    All Citizen Fishery

    Areas 7 and 7A: Open for reef nets, with non-retention of sockeye, from 5 a.m. to 9 p.m., Friday, August 25, 2017, and from 5 a.m. to 9 p.m., Saturday, August 26, 2017.

    Fraser River Panel Order Number 2017-03: Issued 2 p.m., August 28, 2017 Treaty Indian Fishery

    Areas 4B, 5, and 6C: Open to drift gillnets from 12 p.m. (noon), Tuesday, August 29, 2017, to 12 p.m. (noon), Friday, September 1, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Areas 6, 7, and 7A: Open to purse seines and drift gillnets from 5 a.m., Wednesday, August 29, 2017, to 9 a.m., Thursday, August 31, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Area 7: Open to reef nets from 5 a.m. to 9 p.m., Tuesday, August 29, 2017, and from 5 a.m. to 9 p.m., Wednesday, August 30, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    All Citizen Fishery

    Areas 7 and 7A: Open to purse seines, with non-retention of sockeye, from 5 a.m. to 9 p.m., Tuesday, August 29, 2017.

    Areas 7 and 7A: Open to gillnets, with non-retention of sockeye, from 8 a.m. to 11:59 p.m., Tuesday, August 29, 2017.

    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, from 5 a.m. to 9 p.m., Tuesday, August 29, 2017, and from 5 a.m. to 9 p.m., Wednesday, August 30, 2017.

    Fraser River Panel Order Number 2017-04: Issued 2:20 p.m., August 31, 2017 Treaty Indian Fishery

    Areas 4B, 5, and 6C: Extend for drift gillnets from 12 p.m. (noon), Friday, September 1, 2017, to 12 p.m. (noon), Tuesday, September 5, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Areas 6, 7, and 7A: Open to net fishing, excluding reef nets, from 5 a.m., Friday, September 1, 2017, to 9 p.m., Tuesday, September 5, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Tuesday, September 5, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    All Citizen Fishery

    Areas 7 and 7A: Open to purse seines, with non-retention of sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Tuesday, September 5, 2017.

    Areas 7 and 7A: Open to drift gillnets, with non-retention of sockeye, from 8:05 a.m. to 11:59 p.m., daily from Friday, September 1, 2017, through Tuesday, September 5, 2017.

    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Tuesday, September 5, 2017.

    Areas 7 and 7A: Open to beach seines, with non-retention of sockeye, from 5 a.m., Friday, September 1, 2017, through 9 p.m., Tuesday, September 5, 2017.

    Fraser River Panel Order Number 2017-05: Issued 12:50 p.m., September 5, 2017

    Washington State and Treaty Indian tribes closed most United States Fraser Panel water fisheries on Sunday, September 3, 2017, in response to concerns that the potential harvest of Fraser River pink salmon would exceed the United States share of the total allowable catch. The Fraser River Panel met Tuesday, September 5, 2017, and confirmed the earlier closure of several fisheries that were previously announced on Thursday, August 31, 2017, Fraser River Panel order number 2017-04. The Panel announced the earlier closure of the following Commercial salmon fisheries in Panel Area waters:

    Treaty Indian Fishery

    Areas 6, 7, and 7A: Open to net fishing, excluding reef nets, from 5 a.m., Friday, September 1, 2017, to 9 p.m., Sunday, September 3, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    Areas 7 and 7A: Open to reef nets from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Sunday, September 3, 2017. Sockeye may be retained for ceremonial and subsistence purposes only.

    All Citizen Fishery

    Areas 7 and 7A: Open to purse seines, with non-retention of sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Sunday, September 3, 2017.

    Areas 7 and 7A: Open to drift gillnets, with non-retention of sockeye, from 8:05 a.m. to 11:59 p.m., daily from Friday, September 1, 2017, through Sunday, September 3, 2017.

    Areas 7 and 7A: Open to reef nets, with non-retention of sockeye, from 5 a.m. to 9 p.m., daily from Friday, September 1, 2017, through Sunday, September 3, 2017.

    Areas 7 and 7A: Open to beach seines, with non-retention of sockeye, from 5 a.m., Friday, September 1, 2017, through 11:59 p.m., Sunday, September 3, 2017.

    Fraser River Panel Order Number 2017-06: Issued 12:15 p.m., September 12, 2017 Treaty Indian and All Citizen Fisheries

    Areas 6, 6A, and 7: Relinquish regulatory control effective 12:01 a.m., Sunday, September 24, 2017.

    Classification

    The Assistant Administrator for Fisheries NOAA (AA), finds that good cause exists for the inseason orders to be issued without affording the public prior notice and opportunity for comment under 5 U.S.C. 553(b)(B) as such prior notice and opportunity for comments is impracticable and contrary to the public interest. Prior notice and opportunity for public comment is impracticable because NMFS has insufficient time to allow for prior notice and opportunity for public comment between the time the stock abundance information is available to determine how much fishing can be allowed and the time the fishery must open and close in order to harvest the appropriate amount of fish while they are available.

    The AA also finds good cause to waive the 30-day delay in the effective date, required under 5 U.S.C. 553(d)(3), of the inseason orders. A delay in the effective date of the inseason orders would not allow fishers appropriately controlled access to the available fish at that time they are available.

    This action is authorized by 50 CFR 300.97, and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 3636(b).

    Dated: November 9, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-24715 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 160229161-7898-02] RIN 0648-BF86 Fisheries of the Northeastern United States; Amendment 6 to the Tilefish Fishery Management Plan AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    This final rule implements management measures previously approved for Amendment 6 to the Tilefish Fishery Management Plan and publicizes status quo management measures for 2018. Amendment 6 was developed by the Mid-Atlantic Fishery Management Council to establish management measures and 2017 harvest limits for the blueline tilefish fishery north of the Virginia/North Carolina border. The intended effect of this action is to establish permanent management measures for this fishery, consistent with requirements of the Magnuson-Stevens Act.

    DATES:

    This rule is effective December 15, 2017.

    ADDRESSES:

    Copies of Amendment 6 and the Environmental Assessment (EA), with its associated Finding of No Significant Impact (FONSI) and the Regulatory Impact Review (RIR), are available from the Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901. The Amendment 6 EA/FONSI/RIR is also accessible online at: www.greateratlantic.fisheries.noaa.gov.

    FOR FURTHER INFORMATION CONTACT:

    Douglas Potts, Fishery Policy Analyst, 978-281-9341.

    SUPPLEMENTARY INFORMATION: Background

    This final rule concurrently approves Amendment 6 to the Tilefish Fishery Management Plan (FMP) on behalf of the Secretary of Commerce and finalizes implementing regulations. The Mid-Atlantic Fishery Management Council developed this amendment to establish management measures for the blueline tilefish fishery in Federal waters north of the Virginia/North Carolina border, consistent with the requirements of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act). We published a notice of availability on June 14, 2017 (82 FR 27223), announcing a 60-day period for the public to review and provide comments on whether we, acting on behalf of the Secretary of Commerce, should approve Amendment 6. This comment period ended on August 14, 2017. On June 28, 2017, we published a proposed rule (82 FR 29263) to implement the amendment's specific measures and solicited comments on the proposed measures for a 30-day period that ended on July 28, 2017.

    We reviewed all comments received during these comment periods, whether directed at our approval decision or the proposed regulations. See Comments and Responses section for more information. Now, on behalf of the Secretary of Commerce, we are approving and implementing Amendment 6, consistent with the review and approval process outlined in section 304 of the Magnuson-Stevens Act (16 U.S.C. 1854).

    Amendment 6 Approved Measures

    We are approving all Amendment 6 measures, as outlined in our June 28, 2017, proposed rule. However, given their complexity and novelty, development and implementation of permitting and reporting measures for private recreational vessels will take significantly more time than the other, more traditional management measures in this action. Therefore, we are approving, but delaying implementation of, the recreational permitting and reporting requirements. More information on the approved measures is outlined below.

    Management Unit, FMP Objectives, Status Determination Criteria

    The management unit for blueline tilefish encompasses the U.S. Exclusive Economic Zone (EEZ) from the North Carolina/Virginia border (36.550278 N. Latitude) extending north to the maritime boundary with Canada. This management unit is consistent with the Council's management unit for golden tilefish.

    Amendment 6 establishes the management objectives of the current Tilefish FMP to apply for blueline tilefish as well, with the addition that, “management will reflect blueline tilefish's susceptibility of overfishing and the need of an analytical stock assessment.”

    Section 303(a)(10) of the Magnuson-Stevens Act requires that FMPs specify criteria for identifying when the fishery is overfished. Amendment 6 defines stock status determination criteria for blueline tilefish based on the results of the most recent approved stock assessment, which is consistent with all of the Council's other FMPs. The Council anticipates new stock status determination criteria will be established through a stock assessment currently being jointly conducted by the South Atlantic and Mid-Atlantic Fishery Management Councils through the Southeast Data, Assessment, and Review process (SEDAR 50). The assessment report is expected in the fall of 2017.

    The Magnuson-Stevens Act also requires all FMPs contain measures that are “necessary and appropriate for the conservation and management of the fishery to prevent overfishing.” There is insufficient scientific information currently available to establish a quantitative overfishing limit for the blueline tilefish population in the Mid-Atlantic. Analysis conducted by the Council's Scientific and Statistical Committee (SSC) found that constraining catch of Mid-Atlantic blueline tilefish to the recommended acceptable biological catch (ABC) of 87,031 pounds (lb) (39,476 kilograms (kg)) would be unlikely to result in overfishing. Because this harvest limit is set at a level sufficient to prevent overfishing, it is consistent with the Magnuson-Stevens Act requirement at 303(a)(1)(A).

    Permitting and Reporting Requirements Commercial Vessels

    A commercial fishing vessel is required to be issued an open-access tilefish commercial vessel permit in order to retain and land blueline tilefish. This is the same vessel permit required for vessels fishing for golden tilefish; a vessel that has this permit already does not need a separate permit. Vessel owners and operators are subject to the current requirements to have an operator permit and to maintain and submit Vessel Trip Reports (VTRs) for each fishing trip.

    For-Hire Vessels

    Fishing vessels that carry recreational anglers for hire are required to have an open-access tilefish charter/party vessel permit in order to fish for, retain, or land blueline tilefish. This is the same charter/party vessel permit for golden tilefish, so a vessel that has this permit already does not need a separate permit. Vessel owners and operators would be subject to the current requirements to have an operator permit and to maintain and submit VTRs for each fishing trip.

    Commercial Dealers

    A commercial seafood dealer must have a tilefish dealer permit in order to purchase, possess, or receive blueline tilefish harvested from the Tilefish Management Unit. This is the same dealer permit already in use for dealers of golden tilefish in the region.

    Details about permit requirements for commercial fishing vessels, party/charter vessels, vessel operators, and commercial dealers, including application forms, are available at: www.greateratlantic.fisheries.noaa.gov/aps/permits/index.html.

    Private Recreational Vessels

    With this action we approve the Amendment 6 requirement for private recreational vessels to obtain a permit to fish for or retain golden or blueline tilefish in the Tilefish Management Unit. However, additional development work is necessary before we can issue recreational tilefish permits or require private anglers to start reporting their catch. Specific details of a private recreational vessel permit and reporting system will be proposed at a later date with additional opportunity for public comment, consistent with requirements of the Administrative Procedure Act.

    Possession Limits and Fishing Season Commercial

    Commercial vessels are limited to a maximum possession of 300 lb (136 kg) of blueline tilefish per trip. Blueline tilefish can be gutted, but must be landed with the head and fins naturally attached.

    Recreational

    The applicable recreational blueline tilefish possession limit depends on the type of vessel used. Anglers fishing from private vessels are allowed to keep up to three blueline tilefish per person per trip. Anglers fishing from a for-hire vessel that has been issued a valid Tilefish Charter/Party Permit, but does not have a current U.S. Coast Guard safety inspection sticker can retain up to five blueline tilefish per person per trip. Finally, anglers on for-hire vessels that have both a valid Tilefish Charter/Party Permit and a current U.S. Coast Guard safety inspection sticker can retain up to seven blueline tilefish per person per trip.

    The recreational fishery for blueline tilefish is open from May 1 through October 31, annually. Recreational anglers are prohibited from fishing for or possessing blueline tilefish outside of this season.

    ABC Risk Policy, Annual Catch Limit Process, and Sector Allocations

    Section 303(a)(15) of the Magnuson-Stevens Act requires FMPs to establish a mechanism for specifying annual catch limits (ACL), implementing regulations, or annual specifications to prevent overfishing. In addition, the Act requires the Council's SSC to provide it with ongoing scientific advice, including recommendations for ABC (see Magnuson-Stevens Act 302(g)(1)(B)). Amendment 6 retains the same ABC control rules and risk policy for blueline tilefish used for other Mid-Atlantic Council stocks, described in the regulations at 50 CFR 648.20 and 648.21.

    The ACL process approved for blueline tilefish under Amendment 6 is consistent with the specifications-setting process for other stocks managed by the Council. The Council's SSC will review the available scientific information, the ABC control rule, and other relevant information before making ABC recommendations to the Council for up to three years. The recommendations of the SSC will be reviewed by the existing Tilefish Monitoring Committee, which will provide recommendations to the Council and/or relevant committee to ensure the blueline tilefish specifications are not exceeded and to address any other operational aspects of the fishery. To establish specific harvest limits, the recommended ABC will be allocated to establish separate ACLs for the commercial and recreational sectors of the fishery (73 percent to recreational and 27 percent to commercial). These ACLs may be reduced to account for management uncertainty to establish annual catch targets (ACTs). Finally, anticipated discards are subtracted to determine the total allowable landings (TAL) amount for each sector. The Council would develop other management measures (seasons, trip limits, etc., as described above) that are expected to meet the TAL and not exceed the ACL. If the Council re-establishes a research set-aside program, up to three percent of the TAL may be set aside in such a program.

    Accountability Measures

    The Magnuson-Stevens Act requires that FMPs include measures to ensure accountability with ACLs, and NMFS has created guidelines for how management measures might meet this requirement (see § 600.310(g)). This action implements different accountability measures (AMs) to address the particular needs of the commercial and recreational sectors of the fishery.

    Commercial blueline tilefish landings will be monitored during the fishing year based on dealer reports and other available information. If we determine the commercial TAL will be exceeded, we will close the commercial blueline tilefish fishery, prohibiting possession or landing blueline tilefish for sale for the remainder of the fishing year, through publication of a notice in the Federal Register. If the commercial catch of blueline tilefish exceeds the ACL, we would deduct the amount of the overage from the commercial ACL the following year.

    Catch data for the recreational fishery is much more uncertain than for the commercial fishery. We will compare the three-year moving average of recreational catch to the three-year average of the recreational ACL to determine whether the ACL has been exceeded and accountability measures for the recreational fishery are warranted. This will be phased in so that catch in 2017 will be compared to the 2017 ACL, and next year the average catch in 2017 and 2018 will be compared to the average ACL in 2017 and 2018. In subsequent years we will use three-year moving averages. If this comparison shows the recreational ACL was exceeded, then the extent of the accountability measure would depend on the status of the stock and the significance of the overage.

    If the most recent estimate of biomass is below the BMSY threshold (i.e., the stock is overfished), the stock is under a rebuilding plan, or the biological reference points are unknown, and the recreational ACL has been exceeded, then in the following fishing year the recreational ACT would be reduced by the exact amount, in pounds, by which the most recent year's recreational catch estimate exceeded the most recent year's recreational ACL. Changes to management measures would also be considered through the specifications process to avoid future overages. If the most recent estimate of biomass is above BMSY (i.e., the stock is above the biomass target), then adjustments to the recreational management measures (e.g., changes in per-angler possession limits could be considered to reduce subsequent year's catch) would be made in the following fishing year, but a reduction in the recreational ACT would not be necessary. If the stock biomass is between these extremes, the accountability measures would be scaled.

    If the most recent estimate of biomass is above the biomass threshold, but below the biomass target (B/BMSY is greater than 0.5 but less than 1.0), and the stock is not under a rebuilding plan, then the severity of the payback would depend on the significance of the overage. If the recreational ACL is exceeded but the overall ABC is not, then adjustments to the recreational management measures would be made in the following fishing year, but a reduction in the recreational ACT would not be necessary. If the ABC is exceeded, in addition to adjusting the recreational management measures, a deduction from the recreational ACT would be made in the following fishing year. The size of the deduction would be proportional to the health of the stock. The ACT would be reduced by the amount of the overage (in pounds) multiplied by a payback coefficient. The payback coefficient would be the difference between the most recent estimate of biomass and BMSY (i.e., BMSY−B) divided by one-half of BMSY. This coefficient allows for a smaller deduction if the stock is close to the biomass target and a larger deduction the more the stock is below the target. The recreational accountability measure is consistent with those in use for other Mid-Atlantic fisheries.

    Essential Fish Habitat (EFH)

    We approve the following EFH definition for different life stages of blueline tilefish based on the best available scientific information:

    Eggs and larvae: Blueline tilefish egg and larval EFH in the Greater Atlantic region is the water column on the outer continental shelf from eastern Georges Bank to the Virginia/North Carolina boundary in depths of 46-256 meters (m) (151-840 feet (ft)).

    Juveniles and adults: Blueline tilefish juvenile and adult EFH in the Greater Atlantic region is benthic habitats on the outer continental shelf from eastern Georges Bank to the Virginia/North Carolina boundary in depths of 46-256 m (151-840 ft) at bottom water temperatures which range from 8-18° C (46-64 °F). Blueline tilefish create horizontal or vertical burrows in sediments composed of silt, clay, and sand.

    The Council is currently conducting a comprehensive review of EFH designations and fishery impacts on habitat for all Council-managed species, including blueline tilefish. The EFH Review Fishery Management Action Team will review scientific and technical information on fish habitat and develop recommendations as to whether changes to the existing EFH descriptions and other habitat components of the FMPs are warranted. Based on this review, the Council may choose to modify its FMPs (e.g., revise EFH descriptions, designate Habitat Areas of Particular Concern, or implement other habitat management measures).

    Framework Adjustment Measures

    Framework adjustments allow the Council to make changes to management measures that were previously considered in the FMP or FMP amendment through a more efficient process than a full FMP amendment. The full list of blueline tilefish management measures that could be changed by framework adjustment were published in the proposed rule and are not repeated here.

    2017 Specifications

    Table 1 outlines catch limits for blueline tilefish for the 2017 fishing year. We will count landings of blueline tilefish in or from the Tilefish Management Unit that have already occurred in 2017 against these limits when determining if a harvest limit has been met or exceeded.

    Table 1—2017 Blueline Tilefish Specifications Specification Recreational Commercial ABC 87,031 lb (39,476 kg) ACLs 63,533 lb (28,818 kg) 23,498 lb (10,658 kg). ACTs 63,533 lb (28,818 kg) 23,498 lb (10,658 kg). TALs 62,262 lb (28,242 kg) 23,263 lb (10,552 kg). 2018 Specifications

    The regulations at § 648.292(b)(2) state in part that the previous year's specifications will remain effective unless revised through the specification process and/or the research quota process described in paragraph (b)(3) of the section and NMFS will issue notification in the Federal Register if the previous year's specifications will not be changed. At its April 2017 meeting, the Council voted to maintain status quo specifications for the 2018 blueline tilefish fishing year. As a result, we do not intend to change the 2017 blueline tilefish specifications for next year, so the status quo measures remain effective for through December 31, 2018.

    Comments and Responses

    We received 42 comments on the notice of availability and proposed rule. The majority of comments were from individuals. Four commenters self-identified as owners of for-hire recreational vessels. One commenter identified as president of a recreational saltwater fishing association with over 600 members. Two commenters did not specifically address any of the proposed measures. One was generally supportive of the proposed action while the other simply opposed all commercial fishing. Detailed comments and our responses are grouped by topic below.

    Recreational Possession Limit Comments

    Numerous commenters expressed opposition to the proposed tiered recreational possession limits. A dozen commenters said the limits unfairly favored for-hire vessels. Ten commenters stated the three-fish per person limit for private vessels was unreasonably low. Twenty commenters generally opposed any differentiation between aspects of the recreational fishery. Six individuals stated the low limit would increase dead discards of blueline tilefish when anglers target co-occurring species such as golden tilefish or black sea bass. Twenty-five commenters expressed support for the seven-fish per person limit across the board that was in the Council's public hearing draft of the Amendment.

    Response: The Council's analysis indicated management measures needed to constrain recreational catch by 50 percent, relative to the 2014/2015 average, to stay below the ACL. A year-round season and seven-fish per person possession limit would not have achieved this target. The available VTR data indicate that per-person catch rates of blueline tilefish are lower on charter boats than party boats, and public comment indicted that the retention rate on private vessels is lower than on either type of for-hire vessel. Based on this information, the Council devised a set of possession limits to reflect this pattern and spread the reduction across the recreational sector of the fishery equitably, such that each vessel group would be subject to the same relative restriction. We recognize anglers may inadvertently exceed the blueline tilefish possession limit when targeting other species. We hope people will try to avoid this situation, and encourage them to visit our Web site https://www.greateratlantic.fisheries.noaa.gov/sustainable/recfishing/ for information on best practices, including the use of descending devices to minimize barotrauma in released fish. If additional catch information becomes available that indicates a single possession limit is more equitable, the Council may revise these measures through the specifications process if necessary. The effective date of this action has been set such that the new recreational possession limits will not take effect until the fishery opens on May 1, 2018, to avoid confusion of setting a new possession limit just before the new annual closure.

    Recreational Closed Season Comments

    A majority of commenters (26) expressed opposition to the proposed recreational closed season. Twenty commenters noted they typically catch blueline tilefish and black sea bass together and seasons for these species need to be coordinated to avoid excessive discard of either species. Several individuals stated blueline tilefish is one of the few species available during the winter months, and a closure could preclude any recreational fishing during that time.

    Response: As mentioned above, the Council developed recreational measures to affect a 50-percent reduction in catch relative to the 2014/2015 average. The result is as a combination of tiered possession limits and a closed season that the available data suggest will achieve this goal. The available catch data indicate a closure from November through April would account for a 19-percent reduction in recreational catch. That combined with the expected impact of the possession limits should allow the recreational TAL to be achieved, but not exceeded. The Council could have chosen to coordinate its blueline tilefish recreational season with its existing season for black sea bass, but did not. However, the Council can re-evaluate recreational measures through the specifications process.

    Recreational Permit Comments

    One commenter expressed opposition to a requirement for another vessel permit for his charter boat. A few commenters noted Virginia already has recreational permit and reporting requirements, and any new requirements may be redundant. One commenter supported the proposed permit for private recreational vessels, suggesting we require vessels get a letter of authorization (LOA) until the new recreational permit is fully implemented.

    Response: This action does not create a new charter/party vessel permit for blueline tilefish. Rather, we are using the existing permit for golden tilefish that most, if not all, for-hire vessels have. Therefore, if you already have the Tilefish Party/Charter vessel permit no further action is needed. The potential to use existing permitting and reporting requirements and avoid duplication is one of the factors we will be looking into as we work to implement the private recreational permitting and reporting aspects of Amendment 6. Likewise, we will consider whether an LOA program to begin collecting data about recreational effort while measures that are more permanent are developed and implemented is feasible and cost effective.

    Council Process Comments

    Apart from the specific comments on the recreational possession limits and closed season addressed above, the recreational fishing association and several individuals submitted matching comments opposing the process by which the Council selected those measures. These 20 commenters feel they did not have an adequate opportunity to express to the Council their opposition to these measures, and, therefore, ask the Secretary to disapprove the Amendment and remand it to the Council for further public input.

    Response: The Council developed a range of potential management measures then sought public comment on a draft of Amendment 6, including a series of public hearings. While the Council typically selects its preferred measures from among those in the draft document, it is not required to do so. The purpose of the public hearings is to solicit feedback that could improve the measures under consideration. During the public hearings, the Council received comments that led to the development of tiered possession limits based on the type of vessel. As mentioned above in the response to comments on the possession limit, these measures were intended to spread the catch reductions more equitably across the fishery. Similarly, public comment led to the consideration of a closed season in order to maintain a higher bag limit when the fishery is open. These new measures were discussed publicly during the April 2016 Council meeting before the Council voted to select preferred alternatives and approve Amendment 6. Because some measures were developed after the regular public hearing process, the Council took the unusual step of holding an additional webinar-based public hearing in June 2016, with the option to reconsider its decisions later during the June 2016 Council meeting after reviewing submitted comments.

    Economic Impact Comments

    Many individuals cited the time and expense that recreational anglers invest to participate in this fishery. These individuals indicated that a closed season, and to a lesser extent low possession limits, could have adverse impact on local businesses.

    Response: We acknowledge the economic contributions that recreational fishing can have in coastal communities. NMFS conducts nation-wide surveys of marine anglers to assess those impacts and better inform our management decisions. The recreational fishery for blueline tilefish in the Mid-Atlantic is relatively small, and the number of participants has not historically been well documented. The analysis of the anticipated economic impacts of this action indicate some potential adverse impact resulting from the possession limits and closed season. However, those impacts should be limited and temporary if the measures result in the expected increase in the blueline tilefish stock size.

    Changes From the Proposed Rule

    There are no changes to the measures from the proposed rule.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Administrator, Greater Atlantic Region, NMFS, has determined that this final rule is consistent with Amendment 6, other provisions of the Magnuson-Stevens Act, and other applicable law.

    This final rule has been determined to be not significant for purposes of Executive Order 12866. Because this rule is not significant under Executive Order 12866, this rule is not an Executive Order 13771 regulatory action.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action will not have a significant economic impact on a substantial number of small entities. The factual basis for the certification was published in the proposed rule and is not repeated here. No comments were received regarding this certification. As a result, a regulatory flexibility analysis was not required and none was prepared.

    List of Subjects in 50 CFR Part 648

    Fisheries, Fishing, Reporting and recordkeeping requirements.

    Dated: November 9, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 648 is amended as follows:

    PART 648—FISHERIES OF THE NORTHEASTERN UNITED STATES 1. The authority citation for part 648 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 648.1, revise paragraph (a) to read as follows:
    § 648.1 Purpose and scope.

    (a) This part implements the fishery management plans (FMPs) for the Atlantic mackerel, squid, and butterfish fisheries (Atlantic Mackerel, Squid, and Butterfish FMP); Atlantic salmon (Atlantic Salmon FMP); the Atlantic sea scallop fishery (Scallop FMP); the Atlantic surfclam and ocean quahog fisheries (Atlantic Surfclam and Ocean Quahog FMP); the NE multispecies and monkfish fisheries ((NE Multispecies FMP) and (Monkfish FMP)); the summer flounder, scup, and black sea bass fisheries (Summer Flounder, Scup, and Black Sea Bass FMP); the Atlantic bluefish fishery (Atlantic Bluefish FMP); the Atlantic herring fishery (Atlantic Herring FMP); the spiny dogfish fishery (Spiny Dogfish FMP); the Atlantic deep-sea red crab fishery (Deep-Sea Red Crab FMP); the golden and blueline tilefish fisheries (Tilefish FMP); and the NE skate complex fisheries (Skate FMP). These FMPs and the regulations in this part govern the conservation and management of the above named fisheries of the Northeastern United States.

    3. In § 648.2: a. Add in alphabetical order the definition of “Blueline tilefish;” b. Revise paragraph 4 of the definition for “Fishing year;” c. Add in alphabetical order the definition of “Golden tilefish;” and d. Revise paragraph 2 of the definition for “Lessee,” paragraph 2 of the definition for “Lessor,” and the definitions for “Tilefish,” “Tilefish FMP Monitoring Committee,” and “Tilefish Management Unit.”

    The additions and revisions read as follows:

    § 648.2 Definitions.

    Blueline tilefish means Caulolatilus microps.

    Fishing year * * *

    (4) For the golden tilefish fishery, from November 1 through October 31 of the following year.

    Golden tilefish means Lopholatilus chamaeleonticeps.

    Lessee * * *

    (2) A person or entity eligible to hold golden tilefish IFQ allocation, who receives temporarily transferred golden tilefish IFQ allocation, as specified at § 648.294(e)(1).

    Lessor * * *

    (2) An IFQ allocation permit holder who temporarily transfers golden tilefish IFQ allocation, as specified at § 648.294(e)(1).

    Tilefish means golden tilefish and blueline tilefish, collectively, unless otherwise noted.

    Tilefish FMP Monitoring Committee means a committee made up of staff representatives of the MAFMC, the NMFS Greater Atlantic Regional Fisheries Office, the Northeast Fisheries Science Center, up to three state representatives (the New England states having one representative and the Mid-Atlantic states having a maximum of two representatives) and one non-voting industry member. The MAFMC Executive Director or his designee chairs the committee.

    Tilefish Management Unit means an area of the Atlantic Ocean from the latitude of the VA and NC border (36°33.36′ N. Lat.), extending eastward from the shore to the outer boundary of the exclusive economic zone and northward to the United States-Canada border in which the United States exercises exclusive jurisdiction over all golden tilefish (Lopholatilus chamaeleonticeps) and blueline tilefish (Caulolatilus microps) fished for, possessed, caught or retained in or from such area.

    4. In § 648.4, paragraphs (a)(12) and (b)(1)(i) are revised to read as follows:
    § 648.4 Vessel permits.

    (a) * * *

    (12) Tilefish vessels—(i) Commercial vessel permits. Any vessel of the United States must have been issued, under this part, and carry on board, a valid commercial vessel permit to fish for, possess, or land golden tilefish or blueline tilefish for a commercial purpose, in or from the Tilefish Management Unit.

    (A) A commercial vessel must fish under the authorization of a golden tilefish IFQ allocation permit, issued pursuant to § 648.294, to possess, or land golden tilefish in excess of the trip limit as specified under § 648.295(a).

    (B) [Reserved]

    (ii) Party and charter vessel permits. Any party or charter vessel must have been issued, under this part, a Federal charter/party vessel permit to fish for either golden tilefish or blueline tilefish in the Tilefish Management Unit, if it carries passengers for hire. Such vessel must observe the recreational possession limits as specified at § 648.296 and the prohibition on sale.

    (b) Permit conditions. (1)(i) Any person who applies for and is issued or renews a fishing permit under this section agrees, as a condition of the permit, that the vessel and the vessel's fishing activity, catch, and pertinent gear (without regard to whether such fishing occurs in the EEZ or landward of the EEZ; and without regard to where such fish or gear are possessed, taken, or landed); are subject to all requirements of this part, unless exempted from such requirements under this part. All such fishing activities, catch, and gear will remain subject to all applicable state requirements. Except as otherwise provided in this part, if a requirement of this part and a management measure required by a state or local law differ, any vessel owner permitted to fish in the EEZ for any species managed under this part, except tilefish, must comply with the more restrictive requirement. Except as otherwise provided in this part, if a requirement of this part and a management measure required by a state or local law differ, any vessel owner permitted to fish in the tilefish management unit for tilefish managed under this part must comply with the more restrictive requirement. Owners and operators of vessels fishing under the terms of a summer flounder moratorium, scup moratorium, or black sea bass moratorium; or a spiny dogfish or bluefish commercial vessel permit, must also agree not to land summer flounder, scup, black sea bass, spiny dogfish, or bluefish, respectively, in any state after NMFS has published a notification in the Federal Register stating that the commercial quota for that state or period has been harvested and that no commercial quota is available for the respective species. A state not receiving an allocation of summer flounder, scup, black sea bass, or bluefish, either directly or through a coast-wide allocation, is deemed to have no commercial quota available. Owners and operators of vessels fishing under the terms of the tilefish commercial permit must agree not to land golden tilefish or blueline tilefish after NMFS has published a notification in the Federal Register stating that the respective quota for the golden tilefish incidental fishery and/or the commercial blueline tilefish fishery has been harvested, as described in § 648.295, unless landing golden tilefish authorized under a golden tilefish IFQ allocation permit. Owners or operators fishing for surfclams and ocean quahogs within waters under the jurisdiction of any state that requires cage tags are not subject to any conflicting Federal minimum size or tagging requirements. If a surfclam and ocean quahog requirement of this part differs from a surfclam and ocean quahog management measure required by a state that does not require cage tagging, any vessel owners or operators permitted to fish in the EEZ for surfclams and ocean quahogs must comply with the more restrictive requirement while fishing in state waters. However, surrender of a surfclam and ocean quahog vessel permit by the owner by certified mail addressed to the Regional Administrator allows an individual to comply with the less restrictive state minimum size requirement, as long as fishing is conducted exclusively within state waters.

    5. In § 648.5, paragraph (a) is revised to read as follows:
    § 648.5 Operator permits.

    (a) General. Any operator of a vessel fishing for or possessing: Atlantic sea scallops, NE multispecies, spiny dogfish, monkfish, Atlantic herring, Atlantic surfclam, ocean quahog, Atlantic mackerel, squid, butterfish, scup, black sea bass, or Atlantic bluefish, harvested in or from the EEZ; golden tilefish or blueline tilefish harvested in or from the EEZ portion of the Tilefish Management Unit; skates harvested in or from the EEZ portion of the Skate Management Unit; or Atlantic deep-sea red crab harvested in or from the EEZ portion of the Red Crab Management Unit, issued a permit, including carrier and processing permits, for these species under this part, must have been issued under this section, and carry on board, a valid operator permit. An operator's permit issued pursuant to part 622 or part 697 of this chapter satisfies the permitting requirement of this section. This requirement does not apply to operators of recreational vessels.

    6. In § 648.6, paragraph (a)(1) is revised to read as follows:
    § 648.6 Dealer/processor permits.

    (a) General. (1) All dealers of NE multispecies, monkfish, skates, Atlantic herring, Atlantic sea scallop, Atlantic deep-sea red crab, spiny dogfish, summer flounder, Atlantic surfclam, ocean quahog, Atlantic mackerel, squid, butterfish, scup, bluefish, golden tilefish, blueline tilefish, and black sea bass; Atlantic surfclam and ocean quahog processors; Atlantic hagfish dealers and/or processors, and Atlantic herring processors or dealers, as described in § 648.2; must have been issued under this section, and have in their possession, a valid permit or permits for these species.

    7. In § 648.14, paragraph (u) is revised to read as follows:
    § 648.14 Prohibitions.

    (u) Golden and blueline tilefish. It is unlawful for any person owning or operating a vessel to do any of the following:

    (1) Permit requirements—(i) Operator permit. Operate, or act as an operator of, a vessel with a tilefish permit, or a vessel fishing for or possessing golden or blueline tilefish in or from the Tilefish Management Unit, unless the operator has been issued, and is in possession of, a valid operator permit. This requirement does not apply to operators of private recreational vessels.

    (ii) Dealer permit. Purchase, possess, receive for a commercial purpose; or attempt to purchase, possess, or receive for a commercial purpose; as a dealer, or in the capacity of a dealer, golden or blueline tilefish that were harvested in or from the Tilefish Management Unit, without having been issued, and in possession of, a valid tilefish dealer permit.

    (iii) Vessel permit. (A) Sell, barter, trade, or otherwise transfer from a vessel; or attempt to sell, barter, trade, or otherwise transfer from a vessel; for a commercial purpose, other than solely for transport on land, any golden or blueline tilefish, unless the vessel has been issued a commercial tilefish permit, or unless the tilefish were harvested by a vessel without a commercial tilefish permit that fished exclusively in State waters.

    (B) Operate a vessel that takes recreational fishermen for hire to fish for golden or blueline tilefish in the Tilefish Management Unit without a valid tilefish charter/party vessel permit, as required in § 648.4(a)(12)(i).

    (2) Possession and landing. (i) Fish for, possess, retain, or land golden or blueline tilefish, unless:

    (A) The tilefish are being fished for or were harvested in or from the Tilefish Management Unit by a vessel holding a valid tilefish permit under this part, and the operator on board such vessel has been issued an operator permit that is on board the vessel.

    (B) The tilefish were harvested by a vessel that has not been issued a tilefish permit and that was fishing exclusively in State waters.

    (C) The tilefish were harvested in or from the Tilefish Management Unit by a vessel, other than a charter/party vessel, that is engaged in recreational fishing.

    (ii) Land or possess golden or blueline tilefish harvested in or from the Tilefish Management Unit, in excess of either:

    (A) The relevant commercial trip limit specified at § 648.295, unless possessing golden tilefish authorized pursuant to a valid tilefish IFQ allocation permit, as specified in § 648.294(a).

    (B) The relevant recreational possession limit specified at § 648.296, if engaged in recreational fishing including charter/party vessels.

    (iii) Land golden tilefish harvested in or from the Tilefish Management Unit in excess of that authorized under a tilefish IFQ allocation permit as described at § 648.294(a).

    (iv) Fish for golden or blueline tilefish inside and outside of the Tilefish Management Unit on the same trip.

    (v) Discard golden tilefish harvested in or from the Tilefish Management Unit, as defined in § 648.2, unless participating in recreational fishing, as defined in § 648.2, or while fishing subject to a trip limit pursuant to § 648.295(a).

    (vi) Land or possess golden tilefish in or from the Tilefish Management Unit, on a vessel issued a valid tilefish permit under this part, after the incidental golden tilefish fishery is closed pursuant to § 648.295(a)(2), unless fishing under a valid tilefish IFQ allocation permit as specified in § 648.294(a), or engaged in recreational fishing.

    (vii) Land or possess blueline tilefish in or from the Tilefish Management Unit, on a vessel issued a valid tilefish permit under this part, after the commercial blueline tilefish fishery is closed pursuant to § 648.295(b)(2), unless engaged in recreational fishing.

    (viii) Land or possess blueline tilefish in or from the Tilefish Management Unit, on a vessel issued a valid commercial tilefish permit under this part, that do not have the head and fins naturally attached to the fish.

    (3) Transfer and purchase. (i) Purchase, possess, or receive for a commercial purpose, other than solely for transport on land; or attempt to purchase, possess, or receive for a commercial purpose, other than solely for transport on land; golden or blueline tilefish caught by a vessel without a tilefish permit, unless the tilefish were harvested by a vessel without a tilefish permit that fished exclusively in State waters.

    (ii) Purchase or otherwise receive for commercial purposes golden or blueline tilefish caught in the EEZ from outside the Tilefish Management Unit unless otherwise permitted under 50 CFR part 622.

    (4) Presumption. For purposes of this part, the following presumption applies: All golden or blueline tilefish retained or possessed on a vessel issued any permit under § 648.4 are deemed to have been harvested in or from the Tilefish Management Unit, unless the preponderance of all submitted evidence demonstrates that such tilefish were harvested by a vessel fishing exclusively in state waters.

    8. The heading for subpart N is revised to read as follows: Subpart N—Management Measures for the Golden Tilefish and Blueline Tilefish Fisheries 9. Section 648.290 is revised to read as follows:
    § 648.290 Tilefish Annual Catch Limits (ACL).

    (a) Golden tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC an ACL for the commercial golden tilefish fishery, which shall be equal to the ABC recommended by the SSC.

    (1) [Reserved]

    (2) Periodicity. The tilefish commercial ACL may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations.

    (b) Blueline tilefish. The Tilefish Monitoring Committee shall recommend to the MAFMC separate ACLs for the commercial and recreational blueline tilefish fisheries, the sum total of which shall be equal to the ABC recommended by the SSC.

    (1) Sector allocations. The ACL for the commercial sector of the blueline tilefish fishery shall be 27 percent of the ABC, and the ACL for the recreational sector of the fishery shall be 73 percent of the ABC.

    (2) Periodicity. The blueline tilefish commercial and recreational ACLs may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations.

    (c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish and blueline tilefish fishery performance relative to the appropriate sector ACLs at least every 5 years.

    (1) If an ACL is exceeded with a frequency greater than 25 percent (i.e., more than once in 4 years or in any 2 consecutive years), the Tilefish Monitoring Committee will review fishery performance information and make recommendations to the MAFMC for changes in measures intended to ensure ACLs are not as frequently exceeded.

    (2) The MAFMC may specify more frequent or more specific ACL performance review criteria as part of a stock rebuilding plan following a determination that either the golden tilefish or blueline tilefish stock has become overfished.

    (3) Performance reviews shall not substitute for annual reviews that occur to ascertain if prior year ACLs have been exceeded, but may be conducted in conjunction with such reviews.

    10. Section 648.291 is revised to read as follows:
    § 648.291 Tilefish Annual Catch Targets (ACT).

    (a) Golden tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend an ACT as part of the golden tilefish specification process. The Tilefish Monitoring Committee recommendations shall identify the specific sources of management uncertainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional relevant information considered in the ACT recommendation process.

    (1) Sectors. The ACT shall be less than or equal to the ACL. The Tilefish Monitoring Committee shall include the fishing mortality associated with the recreational fishery in its ACT recommendations only if this source of mortality has not already been accounted for in the ABC recommended by the SSC. The Tilefish Monitoring Committee shall recommend any reduction in catch necessary to address sector-specific management uncertainty, consistent with paragraph (a) of this section.

    (2) Periodicity. ACTs may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations.

    (b) Blueline tilefish. The Tilefish Monitoring Committee shall identify and review the relevant sources of management uncertainty to recommend ACTs for the commercial and recreational fishing sectors as part of the blueline tilefish specification process. The Tilefish Monitoring Committee recommendations shall identify the specific sources of management uncertainty that were considered, technical approaches to mitigating these sources of uncertainty, and any additional relevant information considered in the ACT recommendation process.

    (1) Sectors. Commercial and recreational specific ACTs shall be less than or equal to the sector-specific ACLs. The Tilefish Monitoring Committee shall recommend any reduction in catch necessary to address sector-specific management uncertainty, consistent with paragraph (b) of this section.

    (2) Periodicity. ACTs may be established on an annual basis for up to three years at a time, dependent on whether the SSC provides single or multiple-year ABC recommendations.

    (c) Performance review. The Tilefish Monitoring Committee shall conduct a detailed review of golden tilefish and blueline tilefish fishery performance relative to the appropriate ACTs in conjunction with any ACL performance review, as outlined in § 648.290(c)(1) through (3).

    11. Section 648.292 is revised to read as follows:
    § 648.292 Tilefish specifications.

    (a) Golden Tilefish. The golden tilefish fishing year is the 12-month period beginning with November 1, annually.

    (1) Annual specification process. The Tilefish Monitoring Committee shall review the ABC recommendation of the SSC, golden tilefish landings and discards information, and any other relevant available data to determine if the golden tilefish ACL, ACT, or total allowable landings (TAL) requires modification to respond to any changes to the golden tilefish stock's biological reference points or to ensure that the rebuilding schedule is maintained. The Monitoring Committee will consider whether any additional management measures or revisions to existing measures are necessary to ensure that the TAL will not be exceeded. Based on that review, the Monitoring Committee will recommend golden tilefish ACL, ACT, and TAL to the Tilefish Committee of the MAFMC. Based on these recommendations and any public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate golden tilefish ACL, ACT, TAL, and other management measures for a single fishing year or up to three years. The MAFMC shall review these recommendations and any public comments received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate golden tilefish ACL, ACT, TAL, the percentage of TAL allocated to research quota, and any management measures to ensure that the TAL will not be exceeded, for the next fishing year, or up to three fishing years. The MAFMC's recommendations must include supporting documentation, as appropriate, concerning the environmental and economic impacts of the recommendations. The Regional Administrator shall review these recommendations, and after such review, NMFS will publish a proposed rule in the Federal Register specifying the annual golden tilefish ACL, ACT, TAL and any management measures to ensure that the TAL will not be exceeded for the upcoming fishing year or years. After considering public comments, NMFS will publish a final rule in the Federal Register to implement the golden tilefish ACL, ACT, TAL and any management measures. The previous year's specifications will remain effective unless revised through the specification process and/or the research quota process described in paragraph (a)(5) of this section. NMFS will issue notification in the Federal Register if the previous year's specifications will not be changed.

    (2) Total Allowable Landings (TAL). (i) The TAL for each fishing year will be specified pursuant to paragraph (a)(1) of this section.

    (ii) The sum of the TAL and the estimated discards shall be less than or equal to the ACT.

    (3) TAL allocation. For each fishing year, up to three percent of the golden tilefish TAL may be set aside for the purpose of funding research. Once a research amount, if any, is set aside, the golden tilefish TAL will first be reduced by 5 percent to adjust for the incidental catch. The remaining TAL will be allocated to the individual IFQ permit holders as described in § 648.294(a).

    (4) Adjustments to the quota. If the incidental harvest exceeds 5 percent of the golden tilefish TAL for a given fishing year, the incidental trip limit specified at § 648.295(a)(1) may be reduced in the following fishing year. If an adjustment is required, a notification of adjustment of the quota will be published in the Federal Register.

    (5) Research quota. See § 648.22(g).

    (b) Blueline tilefish. The blueline tilefish fishing year is the calendar year beginning on January 1, annually.

    (1) Recommended measures. Based on annual review, the Tilefish Monitoring Committee shall recommend to the Tilefish Committee of the MAFMC measures to ensure that the ACLs specified by the process outlined in § 648.290(b), including:

    (i) Total Allowable Landings (TAL) for both the commercial and recreational sectors for each fishing year, where the sum of the TAL and sector-specific estimated discards shall be less than or equal to the sector ACT;

    (ii) Research quota for both the commercial and recreational sectors set from a range of 0 to three percent of the TAL, as described in paragraph (b)(3) of this section;

    (iii) Commercial trip limit;

    (iv) Commercial minimum fish size;

    (v) Recreational possession limit;

    (vi) Recreational minimum fish size;

    (vii) Recreational season;

    (viii) Retention requirements; and/or

    (ix) Any other measure needed to ensure the ACLs are not exceeded.

    (2) Annual specification process. The Tilefish Committee of the MAFMC shall review the recommendations of the Tilefish Monitoring Committee. Based on these recommendations and any public comment received, the Tilefish Committee shall recommend to the MAFMC the appropriate ACL, ACT, TAL, and other management measures for the blueline tilefish commercial and recreational sectors for a single fishing year or up to three years. The MAFMC shall review these recommendations and any public comments received, and recommend to the Regional Administrator, at least 120 days prior to the beginning of the next fishing year, the appropriate blueline tilefish ACLs, ACTs, TALs, the percentage of TAL allocated to research quota, and any management measures to ensure that the sector ACLs will not be exceeded, for the next fishing year, or up to three fishing years. The MAFMC's recommendations must include supporting documentation, as appropriate, concerning the environmental and economic impacts of the recommendations. The Regional Administrator shall review these recommendations, and after such review, NMFS will publish a proposed rule in the Federal Register specifying the annual blueline tilefish ACL, ACT, TAL and any management measures for the blueline tilefish commercial and recreational sectors to ensure that the sector ACLs will not be exceeded for the upcoming fishing year or years. After considering public comments, NMFS will publish a final rule in the Federal Register to implement the blueline tilefish commercial and recreational ACLs, ACTs, TALs and any management measures. The previous year's specifications will remain effective unless revised through the specification process and/or the research quota process described in paragraph (b)(3) of this section. NMFS will issue notification in the Federal Register if the previous year's specifications will not be changed.

    (3) Research quota. See § 648.22(g).

    12. Section 648.293 is revised to read as follows:
    § 648.293 Tilefish accountability measures.

    (a) Golden tilefish—(1) Commercial incidental fishery closure. See § 648.295(a)(2).

    (2) Commercial ACL overage evaluation. If the golden tilefish ACL is exceeded, the amount of the ACL overage that cannot be directly attributed to IFQ allocation holders having exceeded their IFQ allocation will be deducted from the golden tilefish ACL in the following fishing year. All overages directly attributable to IFQ allocation holders will be deducted from the appropriate IFQ allocation(s) in the subsequent fishing year, as required by § 648.294(f).

    (b) Blueline tilefish—(1) Commercial fishery closure. See § 648.295(b)(2).

    (2) Commercial ACL overage evaluation. The commercial sector ACL will be evaluated based on a single-year examination of total catch (landings and discards).

    (i) Commercial landings overage repayment. Landings in excess of the commercial ACL will be deducted from the commercial ACL for the following year.

    (ii) Non-landing accountability measure. In the event that the commercial ACL has been exceeded and the overage has not been accommodated through the landings-based AM, then the exact amount by which the commercial ACL was exceeded, in pounds, will be deducted, as soon as possible, from the applicable subsequent single fishing year commercial ACL.

    (3) Recreational ACL overage evaluation. The recreational sector ACL will be evaluated based on a three-year moving average comparison of total catch (landings and discards). Both landings and dead discards will be evaluated in determining if the three-year average recreational sector ACL has been exceeded. The three-year moving average will be phased in over the first three years, beginning with 2017: Total recreational total catch from 2017 will be compared to the 2017 recreational sector ACL; the average total catch from both 2017 and 2018 will be compared to the average of the 2017 and 2018 recreational sector ACLs; the average total catch from 2017, 2018, and 2019 will be compared to the average of the 2017, 2018, and 2019 recreational sector ACLs and, for all subsequent years, the preceding three-year average recreational total catch will be compared to the preceding three-year average recreational sector ACL.

    (4) Recreational accountability measures (AM). If the recreational ACL is exceeded, then the following procedure will be followed:

    (i) If biomass is below threshold, the stock is under rebuilding, or biological reference points are unknown. If the most recent estimate of biomass is below the BMSY threshold (i.e., B/BMSY is less than 0.5), the stock is under a rebuilding plan, or the biological reference points (B or BMSY) are unknown, and the recreational ACL has been exceeded, then the exact amount, in pounds, by which the most recent year's recreational catch estimate exceeded the most recent year's recreational ACL will be deducted in the following fishing year, or as soon as possible thereafter, once catch data are available, from the recreational ACT, as a single-year adjustment. Changes to management measures would also be considered through the specifications process to avoid future overages.

    (ii) If biomass is above the threshold, but below the target, and the stock is not under rebuilding. If the most recent estimate of biomass is above the biomass threshold (B/BMSY is greater than 0.5), but below the biomass target (B/BMSY is less than 1.0), and the stock is not under a rebuilding plan, then the following AMs will apply:

    (A) If the recreational ACL has been exceeded. If the Recreational ACL has been exceeded, then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjustment.

    (B) If the ABC has been exceeded. If the ABC has been exceeded, then a single-year adjustment to the recreational ACT will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as described below. In addition, adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following year.

    (1) Adjustment to recreational ACT. If an adjustment to the following year's recreational ACT is required, then the ACT will be reduced by the exact amount, in pounds, of the product of the overage, defined as the difference between the recreational catch and the recreational ACL, and the payback coefficient.

    (2) Payback coefficient. The payback coefficient is the difference between the most recent estimate of biomass and BMSY (i.e., BMSY-B) divided by one-half of BMSY.

    (iii) If biomass is above target. If the most recent estimate of biomass is above BMSY (i.e., B/BMSY is greater than 1.0), then adjustments to the recreational management measures, taking into account the performance of the measures and conditions that precipitated the overage, will be made in the following fishing year, or as soon as possible thereafter, once catch data are available, as a single-year adjustment.

    13. In § 648.294, revise the section heading and paragraphs (a)(1) and (2), (b)(1) introductory text, (b)(4), (e)(3)(ii) and (iii), (e)(4) introductory text, (f), (g), (h)(1), (h)(2)(ii), and (h)(4)(i) to read as follows:
    § 648.294 Golden tilefish individual fishing quota (IFQ) program.

    (a) IFQ allocation permits. (1) After adjustments for incidental catch, research set-asides, and overages, as appropriate, pursuant to § 648.292(a)(3), the Regional Administrator shall divide the remaining golden tilefish TAL among the IFQ quota shareholders who held IFQ quota share as of September 1 of a given fishing year. Allocations shall be made by applying the IFQ quota share percentages that exist on September 1 of a given fishing year to the IFQ TAL pursuant to § 648.292(a)(3), subject to any deductions for overages pursuant to paragraph (f) of this section. Amounts of IFQ allocation of 0.5 lb (0.23 kg) or smaller created by this calculation shall be rounded downward to the nearest whole number, and amounts of IFQ allocation greater than 0.5 lb (0.23 kg) shall be rounded upward to the nearest whole number, so that annual IFQ allocations are specified in whole pounds.

    (2) Allocations shall be issued in the form of an annual IFQ allocation permit. The IFQ allocation permit shall specify the quota share percentage held by the IFQ allocation permit holder and the total pounds of golden tilefish that the IFQ allocation permit holder is authorized to harvest.

    (b) Application—(1) General. Applicants for a permit under this section must submit a completed application on an appropriate form obtained from NMFS. The application must be filled out completely and signed by the applicant. Each application must include a declaration of all interests in IFQ quota shares and IFQ allocations, as defined in § 648.2, listed by IFQ allocation permit number, and must list all Federal vessel permit numbers for all vessels that an applicant owns or leases that would be authorized to possess golden tilefish pursuant to the IFQ allocation permit. The Regional Administrator will notify the applicant of any deficiency in the application.

    (4) IFQ vessel. All Federal vessel permit numbers that are listed on the IFQ allocation permit are authorized to possess golden tilefish pursuant to the IFQ allocation permit until the end of the fishing year or until NMFS receives written notification from the IFQ allocation permit holder that the vessel is no longer authorized to possess golden tilefish pursuant to the subject permit. An IFQ allocation permit holder who wishes to authorize an additional vessel(s) to possess golden tilefish pursuant to the IFQ allocation permit must send written notification to NMFS. This notification must include the vessel name and permit number, and the dates on which the IFQ allocation permit holder desires the vessel to be authorized to land golden tilefish pursuant to the IFQ allocation permit. A copy of the IFQ allocation permit must be carried on board each vessel so authorized to possess IFQ golden tilefish.

    (e) * * *

    (3) * * *

    (ii) A transfer of IFQ allocation or quota share will not be approved by the Regional Administrator if it would result in an entity holding, or having an interest in, a percentage of IFQ allocation exceeding 49 percent of the total golden tilefish adjusted TAL.

    (iii) For the purpose of calculating the appropriate IFQ cost recovery fee, if the holder of an IFQ allocation leases additional IFQ allocation, the quantity and value of golden tilefish landings made after the date the lease is approved by the Regional Administrator are attributed to the transferred quota before being attributed to the allocation holder's base IFQ allocation, if any exists. In the event of multiple leases, landings would be attributed to the leased allocations in the order the leases were approved by the Regional Administrator. As described in paragraph (h) of this section, a tilefish IFQ quota share allocation holder shall incur a cost recovery fee, based on the value of landings of golden tilefish authorized under the allocation holder's annual tilefish IFQ allocation, including allocation that is leased to another IFQ allocation permit holder.

    (4) Application for an IFQ allocation transfer. Any IFQ allocation permit holder applying for either permanent transfer of IFQ quota share or temporary transfer of annual IFQ allocation must submit a completed IFQ Allocation Transfer Form, available from NMFS. The IFQ Allocation Transfer Form must be submitted to the NMFS Greater Atlantic Regional Fisheries Office at least 30 days before the date on which the applicant desires to have the IFQ allocation transfer effective. The Regional Administrator shall notify the applicants of any deficiency in the application pursuant to this section. Applications for permanent IFQ quota share allocation transfers must be received by September 1 to be processed and effective before annual IFQ allocations are issued for the next fishing year. Applications for temporary IFQ allocation transfers must be received by October 10 to be processed for the current fishing year.

    (f) IFQ allocation overages. If an IFQ allocation is exceeded, including by amounts of golden tilefish landed by a lessee in excess of a temporary transfer of IFQ allocation, the amount of the overage will be deducted from the IFQ shareholder's allocation in the subsequent fishing year(s). If an IFQ allocation overage is not deducted from the appropriate allocation before the IFQ allocation permit is issued for the subsequent fishing year, a revised IFQ allocation permit reflecting the deduction of the overage shall be issued by NMFS. If the allocation cannot be reduced in the subsequent fishing year because the full allocation has already been landed or transferred, the IFQ allocation permit will indicate a reduced allocation for the amount of the overage in the next fishing year.

    (g) IFQ allocation acquisition restriction. No person or entity may acquire more than 49 percent of the annual adjusted golden tilefish TAL, specified pursuant to § 648.294, at any point during a fishing year. For purposes of this paragraph, acquisition includes any permanent transfer of IFQ quota share or temporary transfer of annual IFQ allocation. The calculation of IFQ allocation for purposes of the restriction on acquisition includes IFQ allocation interests held by: A company in which the IFQ holder is a shareholder, officer, or partner; an immediate family member; or a company in which the IFQ holder is a part owner or partner.

    (h) * * *

    (1) Payment responsibility. Each tilefish IFQ allocation permit holder with quota share shall incur a cost recovery fee annually, based on the value of landings of golden tilefish authorized under his/her tilefish IFQ allocation, including allocation that he/she leases to another IFQ allocation permit holder. The tilefish IFQ allocation permit holder is responsible for paying the fee assessed by NMFS.

    (2) * * *

    (ii) Calculating fee percentage. The recoverable costs determined by the Regional Administrator will be divided by the total ex-vessel value of all golden tilefish IFQ landings during the cost recovery billing period to derive a fee percentage. Each IFQ allocation permit holder with quota share will be assessed a fee based on the fee percentage multiplied by the total ex-vessel value of all landings under his/her IFQ allocation permit, including landings of allocation that was leased to another IFQ allocation permit holder.

    (A) The ex-vessel value for each pound of golden tilefish landed by an IFQ allocation permit holder shall be determined from Northeast Federal dealer reports submitted to NMFS, which include the price per pound paid to the vessel at the time of dealer purchase.

    (B) The cost recovery fee percentage shall not exceed three percent of the total value of golden tilefish landings, as required under section 304(d)(2)(B) of the Magnuson-Stevens Act.

    (4) * * *

    (i) At any time thereafter, notify the IFQ allocation permit holder in writing that his/her IFQ allocation permit is suspended, thereby prohibiting landings of tilefish above the incidental limit, as specified at § 648.295(a).

    14. Section 648.295 is revised to read as follows:
    § 648.295 Tilefish commercial trip limits.

    (a) Golden tilefish—(1) Incidental trip limit for vessels not fishing under an IFQ allocation. Any vessel of the United States fishing under a tilefish permit, as described at § 648.4(a)(12), is prohibited from possessing more than 500 lb (226.8 kg) of golden tilefish at any time, unless the vessel is fishing under a tilefish IFQ allocation permit, as specified at § 648.294(a). Any golden tilefish landed by a vessel fishing under an IFQ allocation permit, on a given fishing trip, count as landings under the IFQ allocation permit.

    (2) In-season closure of the incidental fishery. The Regional Administrator will monitor the harvest of the golden tilefish incidental TAL based on dealer reports and other available information, and shall determine the date when the incidental golden tilefish TAL has been landed. The Regional Administrator shall publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the incidental golden tilefish fishery is closed for the remainder of the fishing year.

    (b) Blueline tilefish—(1) Commercial possession limit. Any vessel of the United States fishing under a tilefish permit, as described at § 648.4(a)(12), is prohibited from possessing more than 300 lb (136 kg) of blueline tilefish per trip in or from the Tilefish Management Unit. Commercial blueline tilefish must be landed with head and fins naturally attached, but may be gutted.

    (2) In-season closure of the commercial fishery. The Regional Administrator will monitor the harvest of the blueline tilefish commercial TAL based on dealer reports and other available information, and shall determine the date when the blueline tilefish commercial TAL will be landed. The Regional Administrator shall publish a notice in the Federal Register notifying vessel and dealer permit holders that, effective upon a specific date, the blueline tilefish commercial fishery is closed for the remainder of the fishing year.

    15. Section 648.296 is revised to read as follows:
    § 648.296 Tilefish recreational possession limits.

    (a) Golden tilefish. Any person fishing from a vessel that is not fishing under a tilefish commercial vessel permit issued pursuant to § 648.4(a)(12), may land up to eight golden tilefish per trip. Anglers fishing onboard a charter/party vessel shall observe the recreational possession limit.

    (b) Blueline tilefish—(1) Private recreational vessels. Any person fishing from a vessel that is not fishing under a tilefish commercial or charter/party vessel permit issued pursuant to § 648.4(a)(12), may land up to three blueline tilefish per trip.

    (2) Uninspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has not been issued a valid U.S. Coast Guard Certificate of Inspection may land up to five blueline tilefish per person per trip.

    (3) Inspected for-hire vessels. Anglers fishing onboard a for-hire vessel under a tilefish charter/party vessel permit issued pursuant to § 648.4(a)(12), which has been issued a valid U.S. Coast Guard Certificate of Inspection may land up to seven blueline tilefish per person per trip.

    (c) Enforcement. Tilefish harvested by vessels subject to the possession limits with more than one person on board may be pooled in one or more containers. Compliance with the golden tilefish possession limit will be determined by dividing the number of golden tilefish on board by the number of persons on board. Compliance with the blueline tilefish possession limit will be determined by dividing the number of blueline tilefish on board by the number of persons on board. The captain and crew of a party or charter boat are not counted in determining the possession limit. If there is a violation of the possession limit on board a vessel carrying more than one person, the violation shall be deemed to have been committed by the owner and operator of the vessel.

    16. In § 648.299, revise paragraphs (a)(1)(xix), (xx), and (xxi) and add paragraphs (a)(1)(xxii) and (xxiii) to read as follows:
    § 648.299 Tilefish framework specifications.

    (a) * * *

    (1) * * *

    (xix) Recreational management measures, including the bag limit, minimum fish size limit, seasons, and gear restrictions or prohibitions;

    (xx) Golden tilefish IFQ program review components, including capacity reduction, safety at sea issues, transferability rules, ownership concentration caps, permit and reporting requirements, and fee and cost-recovery issues;

    (xxi) Blueline tilefish recreational permitting and reporting requirements previously considered by the MAFMC; and

    (xxii) Blueline tilefish allocations to the commercial and recreational sectors of the fishery within the range of allocation alternatives considered by the MAFMC in Amendment 6.

    (xxiii) Measures that require significant departures from previously contemplated measures or that are otherwise introducing new concepts may require a formal amendment of the FMP instead of a framework adjustment.

    [FR Doc. 2017-24710 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    82 219 Wednesday, November 15, 2017 Proposed Rules NUCLEAR REGULATORY COMMISSION 10 CFR Parts 50 and 52 [NRC-2015-0225] RIN 3150-AJ68 Emergency Preparedness Requirements for Small Modular Reactors and Other New Technologies AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Regulatory basis; availability.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is making available a regulatory basis document in support of a rulemaking that would develop new emergency preparedness (EP) requirements for small modular reactors (SMRs) and other new technologies (ONTs), such as non-light-water reactors and medical isotope production facilities. The regulatory basis concludes that there is sufficient justification to proceed with rulemaking to develop a clear set of rules and guidance for EP for SMRs and ONTs. The regulatory basis also concludes that the principle of using a dose-at-distance and consequence-oriented approach to determine the appropriate size of an emergency planning zone can be applied to SMRs and ONTs. The NRC is not seeking public comment on this document. There will be an opportunity for formal public comment on the proposed rule when it is published in the Federal Register.

    DATES:

    The regulatory basis is available on November 15, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2015-0225 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-2015-0225. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected]. For technical questions, contact the individuals 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 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.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Carrera, Office of New Reactors, telephone: 301-415-1078, email: [email protected]; and Edward Roach, Office of Nuclear Security Incident and Response, telephone: 301-287-9228, email: [email protected]. Both are staff of the U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    SUPPLEMENTARY INFORMATION: I. Background

    The NRC published the draft regulatory basis in the Federal Register on April 13, 2017 (82 FR 17768), for a 75-day public comment period. In the draft regulatory basis, the NRC requested feedback from the public on questions related to the scope of the draft regulatory basis, performance-based approach, regulatory impacts, and cumulative effects of regulation.

    The NRC received 57 written comments from governmental and non-governmental organizations and individuals, which are available at https://www.regulations.gov under Docket ID NRC-2015-0225. The commenters included approximately 45 individuals, 4 environmental groups, 3 industry groups, 1 Native American Tribal organization, 3 State organizations, and 1 Federal agency. The comments discussed topics such as: Consequence-based approach, collocation, dose assessment, emergency planning zone and offsite EP, siting of multi-module facilities, regulatory analysis, scope of the draft regulatory basis, safety, and general rulemaking principles such as performance-based and technology-inclusive approaches. The NRC staff considered the comments in finalizing the regulatory basis. The regulatory basis is available in ADAMS under Accession No. ML17206A265 or on the Federal rulemaking Web site, www.regulations.gov, under Docket ID NRC-2015-0225.

    II. Publicly-Available Documents

    As the NRC continues its ongoing proposed rulemaking effort to implement EP requirements for SMRs and ONTs in parts 50 and 52 of title 10 of the Code of Federal Regulations, the NRC is making documents publicly available on the Federal rulemaking Web site, www.regulations.gov, under Docket ID NRC-2015-0225. The current status of this rulemaking effort, as well as other NRC planned rulemaking activities, can be found on the NRC public Web site at https://www.nrc.gov/reading-rm/doc-collections/rulemaking-ruleforum/active/RuleIndex.html.

    The NRC may post additional materials relevant to this rulemaking at www.regulations.gov, under Docket ID NRC-2015-0225. Please take the following actions if you wish to receive alerts when changes or additions occur in a docket folder: (1) Navigate to the docket folder (NRC-2015-0225); (2) click the “Email Alert” link; and (3) enter your email address and select how frequently you would like to receive emails (daily, weekly, or monthly).

    Dated at Rockville, Maryland, this 8th day of November, 2017.

    For the Nuclear Regulatory Commission.

    Patricia K. Holahan, Director, Division of Rulemaking, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2017-24672 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
    FEDERAL ELECTION COMMISSION 11 CFR Part 110 [Notice 2017-14] Internet Communication Disclaimers; Extension of Comment Period AGENCY:

    Federal Election Commission.

    ACTION:

    Proposed rule; extension of comment period.

    SUMMARY:

    On October 10, 2017, the Federal Election Commission reopened the comment period on the Advance Notice of Proposed Rulemaking (“ANPRM”) seeking comment on whether to begin a rulemaking to revise its regulations concerning disclaimers on certain internet communications and, if so, on what changes should be made to those rules. The Commission has decided to extend the comment period for one business day due to technological difficulties.

    DATES:

    The comment period for the ANPRM published October 13, 2011 (76 FR 63567), and reopened on October 10, 2017 (82 FR 46937), is extended. Comments must be received on or before November 13, 2017.

    ADDRESSES:

    All comments must be in writing. Commenters are encouraged to submit comments electronically via the Commission's Web site at www.fec.gov/netdisclaimers or at http://www.fec.gov/fosers, reference REG 2011-02. Alternatively, commenters may submit comments in paper form, addressed to the Federal Election Commission, Attn.: Neven F. Stipanovic, Acting Assistant General Counsel, 999 E Street NW., Washington, DC 20463.

    Each commenter must provide, at a minimum, his or her first name, last name, city, state, and zip code. All properly submitted comments, including attachments, will become part of the public record, and the Commission will make comments available for public viewing on the Commission's Web site and in the Commission's Public Records Office. Accordingly, commenters should not provide in their comments any information that they do not wish to make public, such as a home street address, personal email address, date of birth, phone number, social security number, driver's license number, or any information that is restricted from disclosure, such as trade secrets or commercial or financial information that is privileged or confidential.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Neven F. Stipanovic, Acting Assistant General Counsel, or Ms. Jessica Selinkoff, Attorney, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.

    SUPPLEMENTARY INFORMATION:

    On October 10, 2017, the Commission reopened the comment period on an ANPRM published in the Federal Register seeking comment on whether and how to revise the rules at 11 CFR 110.11 regarding disclaimers on certain internet communications.1 The comment period was scheduled to close at 11:59 p.m. on November 9, 2017, but the Commission experienced technological difficulties with its online comment system on the last day of the comment period. The Commission has therefore determined to extend the comment period for one business day, to close at 11:59 p.m. on November 13, 2017.

    1See Internet Communication Disclaimers; Reopening of Comment Period, 82 FR 46937 (Oct. 10, 2017); see also Internet Communication Disclaimers, 76 FR 63567 (Oct. 13, 2011).

    On behalf of the Commission.

    Dated: November 9, 2017. Steven T. Walther, Chairman, Federal Election Commission.
    [FR Doc. 2017-24747 Filed 11-9-17; 4:15 pm] BILLING CODE 6715-01-P
    DEPARTMENT OF COMMERCE Bureau of Economic Analysis 15 CFR Part 801 [170322303-7303-01] RIN 0691-AA87 International Services Surveys: BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property With Foreign Persons AGENCY:

    Bureau of Economic Analysis, Commerce.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    This proposed rule would amend regulations of the Department of Commerce's Bureau of Economic Analysis (BEA) to renew reporting requirements for the mandatory BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. This survey will apply to the 2017 fiscal reporting year. The benchmark survey covers the universe of transactions in selected services and intellectual property and is BEA's most comprehensive survey of such transactions. For the 2017 benchmark survey, BEA proposes several changes in the data items collected, the design of the survey form, and the reporting requirements for the survey. This mandatory survey would be conducted under the authority of the International Investment and Trade in Services Survey Act.

    DATES:

    Comments on this proposed rule will receive consideration if submitted in writing on or before 5:00 p.m. January 16, 2018.

    ADDRESSES:

    You can submit comments, identified by RIN 0691-AA87, and referencing the agency name (Bureau of Economic Analysis), by any of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. For Keyword or ID, enter “EAB-2017-0002.”

    Email: [email protected].

    Fax: Christopher Stein, Chief, Services Surveys Branch, Balance of Payments Division, (301) 278-9507.

    Mail: Christopher Stein, Chief, Services Surveys Branch (BE-50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC 20233.

    Hand Delivery/Courier: Christopher Stein, Chief, Services Surveys Branch (BE-50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Suitland, MD 20746.

    Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in the proposed rule should be sent to both BEA through any of the methods above and to the Office of Management and Budget (OMB), OIRA, Paperwork Reduction Project 0608-0058, Attention PRA Desk Officer for BEA, via email at [email protected], or by fax at 202-395-7245.

    Public Inspection: All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit confidential business information or otherwise sensitive or protected information. BEA will accept anonymous comments (enter N/A in required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe portable document file (pdf) formats only.

    FOR FURTHER INFORMATION CONTACT:

    Christopher Stein, Chief, Services Surveys Branch (BE-50), Balance of Payments Division, Bureau of Economic Analysis, U.S. Department of Commerce, 4600 Silver Hill Rd., Washington, DC 20233; email [email protected]gov or phone (301) 278-9189.

    SUPPLEMENTARY INFORMATION:

    The BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons is a mandatory survey and is typically conducted once every five years by BEA under the authority provided by the International Investment and Trade in Services Survey Act (22 U.S.C. 3101-3108), hereinafter, “the Act.” The Act provides that data reported to BEA on this survey are confidential and may be used only for analytical and statistical purposes. Without prior written permission from the survey respondent, the information cannot be presented in a manner that allows it to be individually identified. An individual respondent's report cannot be used for purposes of taxation, investigation, or regulation. Copies retained by BEA are immune from legal process. Per the Cybersecurity Enhancement Act of 2015, a respondent's data are protected from Cybersecurity risks through security monitoring of the BEA information systems.

    Unlike most other BEA surveys conducted pursuant to the Act, a response would be required from persons subject to the reporting requirements of the BE-120, whether or not they are contacted by BEA, to ensure complete coverage of services and intellectual property transactions between U.S. persons (any individual or organization subject to the jurisdiction of the United States) and foreign persons.

    In 2012, BEA established regulatory guidelines for collecting data on international trade in services and direct investment (77 FR 24373; April 24, 2012). This proposed rule, unlike most annual or quarterly BEA surveys conducted pursuant to the Act, would amend those regulations to require a response from persons subject to the reporting requirements of the BE-120, whether or not they are contacted by BEA.

    The benchmark survey is intended to cover the universe of selected services and intellectual property transactions with foreign persons and is BEA's most comprehensive survey of such transactions. In nonbenchmark years, the universe estimates covering these transactions are derived from the sample data reported on BEA's BE-125 Quarterly Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons. The BE-125 collects similar information but at a more aggregated level of detail by type of service. The data are collected from a sample of respondents. BEA uses cutoff sampling for the BE-125, meaning that respondents must only report on the BE-125 if they have transactions that surpassed a designated reporting threshold; greater than $6 million for sales and/or greater than $4 million for purchases. The same reporters that file on a quarterly basis throughout fiscal year 2017 will also be required to report on the 2017 BE-120 survey. The BE-120 survey is conducted to reconcile reported quarterly data at an annual level for those respondents filing on the BE-125 survey, and also to collect data from companies not subject to filing on an ongoing quarterly basis.

    The benchmark data, including data from respondents not subject to filing on an ongoing quarterly basis, will be used, in conjunction with quarterly data collected on the companion BE-125 survey, to produce estimates of selected services components for BEA's international transactions accounts (ITAs), national income and product accounts, and industry accounts. If this information was not collected on the BE-120 survey, BEA would need to expand the scope of the BE-125 quarterly survey by collecting additional data items and reducing reporting thresholds, resulting in an increased number of respondents and a measurable impact on the reporting burden each quarter. The data are needed to monitor U.S. trade in services, to analyze the impact on the U.S. economy and on foreign economies, to compile and improve the U.S. economic accounts, to support U.S. commercial policy on trade in services, to conduct trade promotion, and to improve the ability of U.S. businesses to identify and evaluate market opportunities.

    A full list of the services and intellectual property covered by the BE-120 survey can be found in the regulatory text for new § 801.11 at the end of this document.

    This proposed rule would amend 15 CFR part 801 by adding new § 801.11 to set forth the reporting requirements for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons.

    Description of Changes

    The proposed changes would amend the regulations and the survey form for the BE-120 benchmark survey. These amendments include changes in data items collected, the design of the survey form, and the reporting requirements for those not subject to reporting on the mandatory schedule(s) of the survey.

    BEA proposes to change the reporting requirements for reporters with transactions in covered services below the threshold for mandatory reporting on the schedule(s) of the survey ($2 million in combined sales or $1 million in combined purchases for fiscal year 2017). While responding to benchmark surveys is always mandatory, for the previous BE-120 survey, reporters with transactions below these thresholds were required only to provide a figure for total sales and/or total purchases for all covered transactions. These reporters had the option of providing additional detail for each covered transaction by transaction type, by country, and by affiliation; such additional detail was voluntary rather than required. For the 2017 BE-120, however, all reporters, regardless of the amount of their transactions in covered services will be required to provide a total dollar amount for their sales and purchases, as applicable, by transaction type. This information will allow BEA to improve the accuracy of the trade statistics.

    This change will impose minimal additional burden for reporters because the additional information to be reported is information that respondents would have needed to compile or estimate previously in order to apply the reporting requirements. Under the prior approach, reporters would have needed to compile or estimate the dollar amount of their sales to and purchases from foreigners by transaction type in order to determine if their transactions met the threshold for mandatory reporting on the schedules. Under the new approach, BEA is simply requiring that respondents report those transaction totals.

    BEA proposes to add and modify some items on the benchmark survey form. Most of the additions are proposed in response to suggestions from data users and would allow BEA to more closely align with international guidelines, and publish more information on U.S. trade in services. Some additions and modifications will allow BEA to align the ITAs more closely with international economic accounting guidelines.

    The following items would be added to the benchmark survey:

    (1) Mandatory questions will be added to collect information on contract manufacturing services. On the 2011 BE-120 survey, respondents were requested to provide information on transactions related to contract manufacturing services on a voluntary basis. The 2017 BE-120 survey will collect information on contract manufacturing services on a mandatory basis. Reporters will be required to provide a description of both the materials provided or received for further processing and the manufactured (finished) goods. Additionally, the reporter will be required to provide: (1) Country-level detail on sales and purchases to foreign persons, (2) the cost of materials received or provided for use in the manufacturing process, (3) the primary country of origin of the inputs used, (4) the final value of the product returned after the manufacturing service was completed, and (5) the primary country of destination of the finished product.

    (2) Mandatory questions will be added to collect information on trade in services by the location of the U.S. and foreign transactors when the services were supplied. For transactions in selected services, respondents will be required to provide information about the location of the transactors when the services were supplied: (1) Cross-border supply, where both the supplier and the consumer remain in their respective territories; (2) consumption abroad, where the consumer consumes the service outside his or her home territory, and (3) presence of natural persons, where an individual (either the service supplier himself, if he or she is a self-employed person, or his or her employee) is present abroad in order to supply a service.

    In addition, BEA proposes to make the following modifications to the survey form:

    (1) Mandatory Schedules A and B will be expanded to collect additional detail on intellectual property (IP) transactions. A U.S. person who engages in IP transactions with foreign persons will be required to distribute their receipts and/or payments according to the type of transaction and the type of IP. The covered transaction types are: (1) transactions for the rights to use IP, (2) transactions for the rights to reproduce and/or distribute IP, and (3) transactions for the outright sales or purchases of IP. Reporters will be required to identify the foreign country(ies) involved in the transaction(s) and to distribute the amounts reported for each country according to whether the foreign person is the U.S. person's foreign affiliate, part of the U.S. person's foreign parent group, or an unaffiliated foreign person. The BE-125 survey was modified in 2016 to align with international guidelines by collecting receipts and/or payments according to the above types of transactions and types of IP. Therefore, the proposed modification to the BE-120 is consistent with the change made to the BE-125 survey.

    (2) Research and development services will be broken out into two categories: (1) Provision of customized and non-customized R&D services, and (2) other R&D services, including testing. This will allow BEA to align the ITAs with international guidelines and will improve the measurement of investment in R&D in the national income and product accounts.

    (3) Engineering, architectural, and surveying services will be broken out into three categories: (1) Architectural services; (2) engineering services; (3) surveying, cartography, certification, testing, and technical inspection services. The current category of industrial engineering services will be dropped and captured within engineering services.

    (4) Management, consulting, and public relation services will be broken out into three categories: (1) Market research services; (2) public opinion polling services; and (3) other management, consulting, and public relations services. Trade exhibition and sales convention services would be collected separately.

    (5) Database and other information services would be broken out into two components: (1) News agency services, and (2) other information services.

    (6) Computer services would be expanded into three categories: (1) Computer software, including end-user licenses and customization services; (2) cloud computing and data storage services; and (3) other computer services.

    (7) Several service categories previously collected under “Other selected services” will be collected separately. These services include audiovisual services, artistic-related services, health services, heritage and recreational services, other personal services, disbursements for sales promotion and representation, photographic services (including satellite photography), and space transport services.

    (8) Mandatory Schedule C will be modified to only collect related goods details for construction services. On the 2011 BE-120 survey, exports (sales) of three service types are collected on a separate schedule, Schedule C, to allow for reporting of information on the gross operating revenues and related goods exports and foreign expenses. The three categories are: (1) Construction services; (2) engineering, architectural, and surveying services; and (3) mining services. On the 2017 BE-120, only construction services will be collected on Schedule C. Mining services as well as the three new categories that will replace engineering, architectural, and surveying services will be collected on Schedule A.

    (9) The identification of transaction types and voluntary reporting of additional detail will be streamlined. On the 2011 BE-120, reporters were sent through a series of check boxes to identify which of the covered transactions (sales or purchases) they had with foreign persons, and to determine if they had amounts which met the thresholds for reporting on the mandatory schedules. Based on the results of this box-checking, reporters were then required to report transactions by country and by affiliation on the mandatory schedule(s), or were given multiple options to voluntarily report this information. This approach resulted in an inefficient use of space on the survey and caused confusion among reporters. With the 2017 BE-120, BEA will streamline the process for identifying which transactions the reporter had and for reporting country and affiliation information. All reporters, regardless of the amount of their transactions in covered services will be required to provide a total dollar amount for their sales and purchases, as applicable, by transaction type. Reporters with transactions below the threshold will then have the option to voluntarily report information on transactions by country and by affiliation on the standard reporting schedules.

    In addition, BEA proposes to redesign the format and wording of the survey. The new design would incorporate improvements made to other BEA surveys as well as enhancements from a recent cognitive review conducted with selected survey respondents. Survey instructions and data item descriptions would be changed to improve clarity and ensure the benchmark survey form is more consistent with other BEA surveys.

    Executive Order 12866

    This proposed rule has been determined to be significant for purposes of E.O. 12866.

    Executive Order 13132

    This proposed rule does not contain policies with Federalism implications sufficient to warrant preparation of a Federalism assessment under E.O. 13132.

    Executive Order 13771

    This rule is not subject to the requirements of E.O. 13771 because this rule results in no more than de minimis costs.

    Paperwork Reduction Act

    This proposed rule contains a collection-of-information requirement subject to review and approval by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3520 (PRA). The requirement will be submitted to OMB for approval as a reinstatement, with change, of a previously approved collection for which approval has expired under OMB control number 0608-0058. Surveys were collected for the 2011 BE-120 in calender years 2012 and 2013. No survey submissions were solicited by BEA after the expiration and discontinuance of the collection in October of 2014.

    Notwithstanding any other provisions of law, no person is required to respond to, nor shall any person be subject to a penalty for failure to comply with, a collection of information subject to the requirements of the PRA unless that collection displays a currently valid OMB control number.

    The BE-120 survey, as proposed, is expected to result in the filing of reports from approximately 15,500 respondents. Approximately 11,500 respondents would report mandatory data on the survey, and approximately 4,000 would file exemption claims. The respondent burden for this collection of information would vary from one respondent to another but is estimated to average (1) 23 hours for the 5,000 respondents that file mandatory or voluntary data by country and affiliation for relevant transaction types on the mandatory schedules; (2) 4 hours for the 6,500 respondents that file mandatory data by transaction type but not by country or affiliation—including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information; and (3) 1 hour for other responses. Thus the total respondent burden for this survey is estimated at 145,000 hours, or about 9.5 hours (145,000 hours/15,500 respondents) per response, compared to 105,000 hours, or about 7 hours (105,000/15,000) for the previous BE-120 benchmark survey in 2011. The increase in burden hours is due to an increase in the size of the respondent universe as well as changes to the content and reporting requirements of the survey.

    As part of its continuing effort to reduce paperwork and respondent burden, the Department of Commerce invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the PRA. Comments are requested concerning: (a) 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; (b) the accuracy of the burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology.

    Written comments regarding the burden-hour estimates or other aspects of the collection-of-information requirements contained in the proposed rule should be sent to both BEA and OMB following the instructions given in the ADDRESSES section above.

    Regulatory Flexibility Act

    The Chief Counsel for Regulation, Department of Commerce, has certified to the Chief Counsel for Advocacy, Small Business Administration, under the provisions of the Regulatory Flexibility Act, 5 U.S.C. 605(b), that this proposed rulemaking, if adopted, will not have a significant economic impact on a substantial number of small entities. The changes proposed in this rule are discussed in the preamble and are not repeated here.

    A BE-120 report would be required of any U.S. person that had sales to, or purchases from, foreign persons in any of the types of selected services or intellectual property listed above. While the survey would not collect data on total sales or other measures of the overall size of the respondents to the survey, historically the respondents to the existing quarterly survey of transactions in selected services and intellectual property and to the previous benchmark surveys have been comprised mainly of major U.S. corporations. A completed benchmark survey, as proposed, would be required from U.S. persons who had transactions in any of the covered services and intellectual property with foreign persons. For U.S. persons who have transactions that exceeded $2 million in combined sales or $1 million in combined purchases for fiscal year 2017, a completed benchmark survey would include data on total sales and/or purchases of each of the covered types of services and intellectual property transactions with totals disaggregated by country and by relationship to the foreign transactor (foreign affiliate, foreign parent group, or unaffiliated). For U.S. persons who have transactions that fall below $2 million in sales or $1 million in purchases for fiscal year 2017, a completed benchmark would include total sales and/or purchases for each type of transaction in which they engaged. This exemption level would exclude most small businesses from mandatory reporting of detail by country and by affiliation. Any small businesses that may be required to report would likely have engaged in a small number of covered transactions, and are therefore expected to be below the expected average burden of 9.5 hours per response. Even if the responses for small businesses took the expected average burden of 9.5 hours per response, that would not constitute a significant impact on any small business or other entity. Because this rule would not have a significant impact on any small entities, an Initial Regulatory Flexibility Analysis is not required and none has been prepared.

    List of Subjects in 15 CFR Part 801

    Economic statistics, Foreign trade, International transactions, Penalties, Reporting and recordkeeping requirements.

    Dated: November 2, 2017. Brian C. Moyer, Director, Bureau of Economic Analysis.

    For reasons set forth in the preamble, BEA proposes to amend 15 CFR part 801 as follows:

    PART 801—SURVEY OF INTERNATIONAL TRADE IN SERVICES BETWEEN U.S. AND FOREIGN PERSONS AND SURVEYS OF DIRECT INVESTMENT 1. The authority citation for 15 CFR part 801 continues to read as follows: Authority:

    5 U.S.C. 301; 15 U.S.C. 4908; 22 U.S.C. 3101-3108; E.O. 11961 (3 CFR, 1977 Comp., p. 86), as amended by E.O. 12318 (3 CFR, 1981 Comp. p. 173); and E.O. 12518 (3 CFR, 1985 Comp. p. 348).

    2. Revise § 801.3 to read as follows:
    § 801.3 Reporting requirements.

    Except for surveys subject to rulemaking in §§ 801.7, 801.8, 801.9, 801.10, and 801.11, reporting requirements for all other surveys conducted by the Bureau of Economic Analysis shall be as follows:

    (a) Notice of specific reporting requirements, including who is required to report, the information to be reported, the manner of reporting, and the time and place of filing reports, will be published by the Director of the Bureau of Economic Analysis in the Federal Register prior to the implementation of a survey;

    (b) In accordance with section 3104(b)(2) of title 22 of the United States Code, persons notified of these surveys and subject to the jurisdiction of the United States shall furnish, under oath, any report containing information which is determined to be necessary to carry out the surveys and studies provided for by the Act; and

    (c) Persons not notified in writing of their filing obligation by the Bureau of Economic Analysis are not required to complete the survey.

    3. Add § 801.11 to read as follows:
    § 801.11 Rules and regulations for the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons—2017.

    The BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons will be conducted covering fiscal year 2017. All legal authorities, provisions, definitions, and requirements contained in §§ 801.1 through 801.2 and §§ 801.4 through 801.6 are applicable to this survey. Specific additional rules and regulations for the BE-120 survey are given in paragraphs (a) through (e) of this section. More detailed instructions are given on the report form and in instructions accompanying the report form.

    (a) Response required. A response is required from persons subject to the reporting requirements of the BE-120 Benchmark Survey of Transactions in Selected Services and Intellectual Property with Foreign Persons—2017, contained herein, whether or not they are contacted by BEA. Also, a person, or its agent, that is contacted by BEA about reporting on this survey, either by sending a report form or by written inquiry, must respond in writing pursuant to this section. This may be accomplished by:

    (1) Completing and returning the BE-120 by the due date of the survey; or

    (2) If exempt, by completing the determination of reporting status section of the BE-120 survey and returning it to BEA by the due date of the survey.

    (b) Who must report. A BE-120 report is required of each U.S. person that had sales to foreign persons or purchases from foreign persons in the services and intellectual property categories covered by the survey during its 2017 fiscal year.

    (c) What must be reported. (1) A U.S. person that had combined sales to foreign persons that exceeded $2 million or combined purchases from foreign persons that exceeded $1 million in the services and intellectual property categories covered by the survey during its 2017 fiscal year, on an accrual basis, is required to provide data on total sales and/or purchases of each of the covered types of services and intellectual property transactions and must disaggregate the totals by country and by relationship to the foreign transactor (foreign affiliate, foreign parent group, or unaffiliated). The $2 million threshold for sales and the $1 million threshold for purchases should be applied to services and intellectual property transactions with foreign persons by all parts of the consolidated domestic U.S. Reporter. Because the $2 million threshold for sales and $1 million threshold for purchases apply separately to sales and purchases, the mandatory reporting requirement may apply only to sales, only to purchases, or to both. The determination of whether a U.S. company is subject to this reporting requirement may be based on the judgment of knowledgeable persons in a company who can identify reportable transactions on a recall basis, with a reasonable degree of certainty, without conducting a detailed manual records search.

    (2) A U.S. person that had combined sales to foreign persons that were $2 million or less or combined purchases from foreign persons that were $1 million or less in the intellectual property or services categories covered by the survey during its 2017 fiscal year, on an accrual basis, is required to provide the total sales and/or purchases for each type of transaction in which they engaged. The $2 million threshold for sales and the $1 million threshold for purchases should be applied to services and intellectual property transactions with foreign persons by all parts of the consolidated domestic U.S. Reporter. Because the $2 million threshold for sales and $1 million threshold for purchases apply separately to sales and purchases, the mandatory reporting requirement may apply only to sales, only to purchases, or to both.

    (i) Voluntary reporting of sales. If, during fiscal year 2017, combined sales were $2 million or less, on an accrual basis, the U.S. person may, in addition to providing the required total for each type of transaction, report sales at a country and affiliation level of detail on the applicable mandatory schedule(s).

    (ii) Voluntary reporting of purchases. If, during fiscal year 2017, combined purchases were $1 million or less, on an accrual basis, the U.S. person may, in addition to providing the required total for each type of transaction, report purchases at a country and affiliation level of detail on the applicable mandatory schedule(s). Provision of this additional detail is voluntary. The estimates may be judgmental, that is, based on recall, without conducting a detailed records search.

    (3) Exemption claims. Any U.S. person that receives the BE-120 survey form from BEA, but is not subject to the reporting requirements, must file an exemption claim by completing the determination of reporting status section of the BE-120 survey and returning it to BEA by the due date of the survey. This requirement is necessary to ensure compliance with reporting requirements and efficient administration of the Act by eliminating unnecessary follow-up contact.

    (d) Covered types of services. Services transactions covered by this survey consist of sales and purchases related to certain intellectual property rights (see paragraphs (d)(1) through (18) of this section for a list of intellectual property-related transactions covered by this survey) and sales and purchases of selected services (see paragraphs (d)(19) through (59) of this section for a list of services covered by this survey). The transactions (sales or purchases) between U.S. companies and foreign persons covered by the BE-120 survey are:

    (1) Rights related to the use of a patent, process, or trade secret to produce and/or distribute a product or service;

    (2) Outright sales of proprietary rights related to patents, processes, and trade secrets;

    (3) Rights to use books, music, etc., including end-user rights related to digital content;

    (4) Rights to reproduce and/or distribute books, music, etc.;

    (5) Outright sales of proprietary rights related to books, music, etc.;

    (6) Rights to use trademarks;

    (7) Outright sales of proprietary rights related to trademarks;

    (8) Rights to use recorded performances and events, including end-user rights related to digital content;

    (9) Rights to reproduce and/or distribute recorded performances and events;

    (10) Outright sales of proprietary rights related to recorded performances and events;

    (11) Rights to broadcast and record live performances and events;

    (12) Rights to reproduce and/or distribute general use computer software;

    (13) Outright sales of proprietary rights related to general use computer software;

    (14) Fees associated with business format franchising;

    (15) Outright sales of proprietary rights related to business format franchising;

    (16) Rights to use other intellectual property;

    (17) Rights to reproduce and/or distribute other intellectual property;

    (18) Outright sales of proprietary rights related to other intellectual property;

    (19) Accounting, auditing, and bookkeeping services;

    (20) Advertising services;

    (21) Auxiliary insurance services;

    (22) Computer software, including end-user licenses and customization services;

    (23) Cloud computing and data storage services;

    (24) Other computer services;

    (25) Construction services;

    (26) News agency services (excludes production costs related to news broadcasters);

    (27) Other information services;

    (28) Education services;

    (29) Architectural services;

    (30) Engineering services;

    (31) Surveying, cartography, certification, testing and technical inspection services;

    (32) Financial services;

    (33) Maintenance services;

    (34) Installation, alteration, and training services;

    (35) Legal services;

    (36) Market research services;

    (37) Public opinion polling services;

    (38) Other management, consulting, and public relations services;

    (39) Merchanting services (net receipts);

    (40) Mining services;

    (41) Operational leasing;

    (42) Trade-related services, other than merchanting services;

    (43) Artistic-related services;

    (44) Premiums paid on primary insurance;

    (45) Losses recovered on primary insurance;

    (46) Provision of customized and non-customized research and development services;

    (47) Other research and development services;

    (48) Telecommunications services;

    (49) Health services;

    (50) Heritage and recreational services;

    (51) Audiovisual and production services;

    (52) Contract manufacturing services;

    (53) Disbursements for sales promotion and representation;

    (54) Photographic services (including satellite photography services);

    (55) Space transport services;

    (56) Trade exhibition and sales convention services;

    (57) Agricultural services;

    (58) Waste treatment and depollution services; and

    (59) Other selected services n.i.e. (not included elsewhere).

    (e) Types of transactions excluded from the scope of this suvey. (1) Sales and purchases of goods. Trade in goods involves products that have a physical form, and includes payments or receipts for electricity.

    (2) Sales and purchases of financial instruments, including stocks, bonds, financial derivatives, loans, mutual fund shares, and negotiable CDs. (However, securities brokerage is a service).

    (3) Income on financial instruments (interest, dividends, capital gain distributions, etc).

    (4) Compensation paid to, or received by, employees.

    (5) Penalties and fines and gifts or grants in the form of goods and cash (sometimes called “transfers”).

    (f) Due date. A fully completed and certified BE-120 report, or qualifying exemption claim with the determination of reporting status section completed, is due to be filed with BEA not later than June 29, 2018 (or by July 30, 2018 for respondents that use BEA's eFile system).

    [FR Doc. 2017-24422 Filed 11-14-17; 8:45 am] BILLING CODE 3510-06-P
    DEPARTMENT OF THE INTERIOR National Park Service 36 CFR Part 13 [NPS-AKRO-23925; PPAKAKROZ5, PPMPRLE1Y.L00000] Alaska; Hunting and Trapping in National Preserves AGENCY:

    National Park Service, Interior.

    ACTION:

    Regulatory review.

    SUMMARY:

    The National Park Service (NPS) intends to initiate a rulemaking process that will consider changes to regulations applicable to Alaska that were promulgated in October 2015.

    DATES:

    November 15, 2017.

    ADDRESSES:

    The final rule that is the subject of this announcement may be found at www.regulations.gov in Docket No. NPS-2014-0004-2632.

    FOR FURTHER INFORMATION CONTACT:

    Andee Sears, Regional Law Enforcement Specialist, Alaska Regional Office, 240 West 5th Ave., Anchorage, AK 99501. Phone (907) 644-3410. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On October 23, 2015, the NPS published a final rule (Final Rule) to amend its regulations for sport hunting and trapping in national preserves in Alaska (80 FR 65325). The Final Rule provided that the NPS does not adopt State of Alaska management actions or laws or regulations that authorize taking of wildlife, which are related to predator reduction efforts (as defined in the Final Rule). The Final Rule affirmed current State prohibitions on harvest practices by adopting them as federal regulation. The Final Rule also changed procedures for closing an area or restricting an activity in NPS areas in Alaska; updated obsolete subsistence regulations; prohibited obstructing persons engaged in lawful hunting or trapping; and authorized the use of native species as bait for fishing. Pursuant to the Congressional Review Act (CRA), the NPS submitted copies of the final rule to Congress on October 16, 2015. A joint resolution of disapproval was not filed by Congress within the time periods specified by the CRA. The Final Rule became effective on November 23, 2015.

    The NPS intends to initiate a rulemaking process that will consider changes to the provisions in the Final Rule that were codified in 36 CFR part 13. Throughout this process, the NPS will consider the purpose of Secretarial Order 3347 (“Conservation Stewardship and Outdoor Recreation”) to advance conservation stewardship and increase outdoor recreation opportunities, including hunting and fishing, for all Americans. The NPS will also identify ways to improve recreational hunting and fishing cooperation, consultation, and communication with State of Alaska wildlife managers. The NPS will comply with all applicable laws governing the rulemaking process, including the requirement to provide an opportunity for public comment on any proposed regulatory changes under 5 U.S.C. 553. The NPS is not accepting comments on this announcement. The public will have an opportunity to comment when a proposed rule is published in the Federal Register.

    Authority:

    16 U.S.C. 3124; 54 U.S.C. 100101, 100751, 320102; Sec. 13.1204 also issued under Sec. 1035, Pub. L. 104-333, 110 Stat. 4240.

    Jason Larrabee, Principal Deputy Assistant Secretary for Fish and Wildlife and Parks.
    [FR Doc. 2017-24444 Filed 11-14-17; 8:45 am] BILLING CODE 4312-52-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 25 [IB Docket No. 16-408; FCC 17-122] Updates Concerning Non-Geostationary, Fixed-Satellite Service Systems and Related Matters AGENCY:

    Federal Communications Commission.

    ACTION:

    Proposed rule.

    SUMMARY:

    The Federal Communications Commission proposes to remove the domestic coverage requirement for non-geostationary-satellite orbit (NGSO), fixed-satellite service (FSS) satellite systems.

    DATES:

    Comments are due January 2, 2018. Reply comments are due January 29, 2018.

    ADDRESSES:

    You may submit comments, identified by IB Docket No. 16-408, by any of the following methods:

    Federal Communications Commission's Web site: http://apps.fcc.gov/ecfs. Follow the instructions for submitting comments.

    People with Disabilities: Contact the FCC to request reasonable accommodations (accessible format documents, sign language interpreters, CART, etc.) by email: [email protected] or phone: 202-418-0530 or TTY: 202-418-0432.

    For detailed instructions for submitting comments and additional information on the rulemaking process, see the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Clay DeCell, [email protected], 202-418-0803.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's Further Notice of Proposed Rulemaking (FNPRM), FCC 17-122, adopted September 26, 2017, and released September 27, 2017. The full text of the FNPRM is available at https://apps.fcc.gov/edocs_public/attachmatch/FCC-17-122A1.pdf. The FNPRM is also available for inspection and copying during business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW., Room CY-A257, Washington, DC 20554. To request materials in accessible formats for people with disabilities, send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY).

    Comment Filing Requirements

    Pursuant to §§ 1.415 and 1.419 of the Commission's rules, 47 CFR 1.415 and 1.419, interested parties may file comments and reply comments on or before the dates indicated on the first page of this document. Comments may be filed using the Commission's Electronic Comment Filing System (ECFS). See Electronic Filing of Documents in Rulemaking Proceedings, 63 FR 24121 (1998).

    Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: http://apps.fcc.gov/ecfs.

    Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.

    Filings can be sent by hand or messenger delivery, by commercial overnight courier, or by first-class or overnight U.S. Postal Service mail. All filings must be addressed to the Commission's Secretary, Office of the Secretary, Federal Communications Commission.

    • All hand-delivered or messenger-delivered paper filings for the Commission's Secretary must be delivered to FCC Headquarters at 445 12th St. SW., Room TW-A325, Washington, DC 20554. The filing hours are 8:00 a.m. to 7:00 p.m. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building.

    • Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701.

    • U.S. Postal Service first-class, Express, and Priority mail must be addressed to 445 12th Street SW., Washington DC 20554.

    People with Disabilities: To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer & Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (tty).

    Ex Parte Presentations

    The proceeding this FNPRM initiates shall be treated as a “permit-but-disclose” proceeding in accordance with the Commission's ex parte rules, 47 CFR 1.1200 et seq. Persons making ex parte presentations must file a copy of any written presentation or a memorandum summarizing any oral presentation within two business days after the presentation (unless a different deadline applicable to the Sunshine period applies). Persons making oral ex parte presentations are reminded that memoranda summarizing the presentation must (1) list all persons attending or otherwise participating in the meeting at which the ex parte presentation was made, and (2) summarize all data presented and arguments made during the presentation. If the presentation consisted in whole or in part of the presentation of data or arguments already reflected in the presenter's written comments, memoranda or other filings in the proceeding, the presenter may provide citations to such data or arguments in his or her prior comments, memoranda, or other filings (specifying the relevant page and/or paragraph numbers where such data or arguments can be found) in lieu of summarizing them in the memorandum. Documents shown or given to Commission staff during ex parte meetings are deemed to be written ex parte presentations and must be filed consistent with rule 1.1206(b). In proceedings governed by rule 1.49(f) or for which the Commission has made available a method of electronic filing, written ex parte presentations and memoranda summarizing oral ex parte presentations, and all attachments thereto, must be filed through the electronic comment filing system available for that proceeding, and must be filed in their native format (e.g., .doc, .xml, .ppt, searchable .pdf). Participants in this proceeding should familiarize themselves with the Commission's ex parte rules.

    Paperwork Reduction Act

    This document contains proposed modified information collection requirements. The Commission, as part of its continuing effort to reduce paperwork burdens, invites the general public and the Office of Management and Budget to comment on the information collection requirements contained in this document, as required by the Paperwork Reduction Act of 1995, Public Law 104-13. In addition, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 3506(c)(4), we seek specific comment on how we might further reduce the information collection burden for small business concerns with fewer than 25 employees.

    Synopsis

    The Commission requires NGSO FSS systems to provide continuous coverage of the fifty states, Puerto Rico and the U.S. Virgin Islands. Systems with more localized coverages are prohibited. This requirement stems from a similar requirement placed on NGSO MSS systems which are, as a general matter, unable to share spectrum without causing harmful interference.

    The domestic coverage requirement for NGSO FSS systems could be unnecessary or counterproductive, however. For example, among the several pending applications that request waivers of this requirement, one operator seeks to provide service in remote areas of Alaska as part of an “Arctic Satellite Broadband Mission.” Its satellite system would operate in a highly elliptical orbit chosen to maximize service to the Arctic region, but which prevents coverage of the lower United States. Another operator is currently providing low-latency satellite service to Americans at sea. The equatorial orbit of its system, however, precludes U.S. coverage at high latitudes. Such specialized systems may be authorized by foreign administrations and intended to serve only part of the United States. We do not believe it would serve the public interest to block access to these systems solely because of their specialized coverage areas, given that multiple NGSO FSS systems can share the same frequency bands. Rather, we expect that the most efficient way to encourage widespread service offerings by NGSO FSS systems, including in remote and underserved areas of the United States, would be to allow both general and specialized coverage systems.

    We therefore propose to remove the domestic coverage requirement for NGSO FSS systems operating in all permitted spectrum bands, which we believe will afford operators greater flexibility in their system designs. We invite comment on this proposal. Given that this requirement applies to NGSO FSS systems by default, is it appropriate to deny access to every concerned frequency band if a system design does not allow for continuous U.S. coverage? What are the advantages of retaining, or removing, this coverage requirement? For parties that support retaining the domestic coverage requirement, are there particular considerations we should take into account when deciding whether or not to waive it in a particular case?

    Initial Regulatory Flexibility Analysis

    As required by the Regulatory Flexibility Act (RFA), the Commission has prepared this Initial Regulatory Flexibility Analysis (IRFA) of the possible significant economic impact on a substantial number of small entities by the policies and rules proposed in this FNPRM. We request written public comments on this IRFA. Commenters must identify their comments as responses to the IRFA and must file the comments by the deadlines for comments on the FNPRM provided above in DATES. The Commission will send a copy of the FNPRM, including this IRFA, to the Chief Counsel for Advocacy of the Small Business Administration. In addition, the FNPRM and IRFA (or summaries thereof) will be published in the Federal Register.

    A. Need for, and Objectives of, the Proposed Rules

    The FNPRM proposes to delete the requirement that non-geostationary, fixed-satellite service systems provide continuous coverage of the fifty United States, Puerto Rico, and the U.S. Virgin Islands, in order to afford operators greater design flexibility.

    B. Legal Basis

    The proposed action is authorized under Sections 4(i), 7(a), 10, 303, 308(b), and 316 of the Communications Act of 1934, as amended, 47 U.S.C. 154(i), 157(a), 160, 303, 308(b), 316.

    C. Description and Estimate of the Number of Small Entities to Which the Proposed Rules May Apply

    The RFA directs agencies to provide a description of, and, where feasible, an estimate of, the number of small entities that may be affected by the proposed rules, if adopted. The RFA generally defines the term “small entity” as having the same meaning as the terms “small business,” “small organization,” and “small governmental jurisdiction.” In addition, the term “small business” has the same meaning as the term “small business concern” under the Small Business Act. A small business concern is one which: (1) Is independently owned and operated; (2) is not dominant in its field of operation; and (3) satisfies any additional criteria established by the Small Business Administration (SBA).

    Satellite Telecommunications. This category comprises firms “primarily engaged in providing telecommunications services to other establishments in the telecommunications and broadcasting industries by forwarding and receiving communications signals via a system of satellites or reselling satellite telecommunications.” The category has a small business size standard of $32.5 million or less in average annual receipts, under SBA rules. For this category, Census Bureau data for 2012 show that there were a total of 333 firms that operated for the entire year. Of this total, 299 firms had annual receipts of less than $25 million. Consequently, we estimate that the majority of satellite telecommunications providers are small entities.

    D. Description of Projected Reporting, Recordkeeping, and Other Compliance Requirements for Small Entities

    The FNPRM proposes to delete a requirement that non-geostationary, fixed-satellite service systems demonstrate that they will provide continuous domestic coverage. This would reduce paperwork costs for such satellite operators.

    E. Steps Taken To Minimize Significant Economic Impact on Small Entities, and Significant Alternatives Considered

    The RFA requires an agency to describe any significant, specifically small business, alternatives that it has considered in reaching its proposed approach, which may include the following four alternatives (among others): “(1) The establishment of differing compliance or reporting requirements or timetables that take into account the resources available to small entities; (2) the clarification, consolidation, or simplification of compliance and reporting requirements under the rules for such small entities; (3) the use of performance rather than design standards; and (4) an exemption from coverage of the rule, or any part thereof, for such small entities.”

    The FNPRM proposes to delete a requirement to demonstrate coverage of the United States. This would wholly eliminate the economic and other impacts of this rule. However, the Commission invites comment on this change and any alternatives.

    F. Federal Rules That May Duplicate, Overlap, or Conflict With the Proposed Rules

    None.

    List of Subjects in 47 CFR Part 25

    Satellites.

    Federal Communications Commission. Marlene H. Dortch, Secretary.

    For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR part 25 as follows:

    PART 25—SATELLITE COMMUNICATIONS 1. The authority citation for part 25 continues to read as follows: Authority:

    Interprets or applies 47 U.S.C. 154, 301, 302, 303, 307, 309, 310, 319, 332, 605, and 721, unless otherwise noted.

    § 25.146 [Amended]
    2. In § 25.146, remove paragraph (b) and redesignate paragraphs (c), (d), and (e) as paragraphs (b), (c), and (d). 3. In § 25.217 revise paragraph (b)(1) to read as follows:
    § 25.217 Default service rules.

    (b)(1) For all NGSO-like satellite licenses for which the application was filed pursuant to the procedures set forth in § 25.157 after August 27, 2003, authorizing operations in a frequency band for which the Commission has not adopted frequency band-specific service rules at the time the license is granted, the licensee will be required to comply with the following technical requirements, notwithstanding the frequency bands specified in these rule provisions: §§ 25.143(b)(2)(ii) (except NGSO FSS systems), (iii) (except NGSO FSS systems), 25.204(e), 25.210(f), (i).

    [FR Doc. 2017-24726 Filed 11-14-17; 8:45 am] BILLING CODE 6712-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 697 [Docket No. 150401332-7999-01] RIN 0648-BF01 Atlantic Coastal Fisheries Cooperative Management Act Provisions; American Lobster Fishery; Control Date for Lobster Conservation Management Areas AGENCY:

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

    ACTION:

    Advance notice of proposed rulemaking (ANPR); request for comments.

    SUMMARY:

    This document announces that NMFS is considering changes to the lobster management program and may select a control date to restrict the number of permits or traps an individual or business entity may own, with specific emphasis on Lobster Conservation Management Areas (LCMAs) 2 and 3. NMFS may use the existing control date of January 27, 2014, which was published in the Federal Register, the publication date of this present ANPR, or another date for this purpose, pending public comment and further input by the Atlantic States Marine Fisheries Commission (Commission). This action may be necessary to control effort in the American lobster fishery and mitigate impacts on the depleted Southern New England (SNE) lobster stock. NMFS intends for this document to promote awareness of possible rulemaking and notify the public that actions taken to acquire lobster trap allocation and permits after the control date may not be recognized in the future.

    DATES:

    We must receive written comments on or before December 15, 2017.

    ADDRESSES:

    You may submit comments on this document, identified by

    NOAA-NMFS-2013-0169 by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2013-0169, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to John K. Bullard, Regional Administrator, National Marine Fisheries Service, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope, “Comments on Lobster Control Date.”

    Instructions: Comments must be submitted by one of the above methods to ensure that the comments are received, documented, and considered by NMFS. We may not consider comments sent by any other method, to any other address or individual, or received after the end of the comment period. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.) submitted voluntarily by the sender will be publicly accessible. Do not submit confidential business information, or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). We accept attachments to electronic comments only in Microsoft Word or Excel, WordPerfect, or Adobe PDF file formats.

    FOR FURTHER INFORMATION CONTACT:

    Peter Burns, Fishery Policy Analyst, 978-281-9144.

    SUPPLEMENTARY INFORMATION:

    Background

    NMFS works cooperatively with the states to conserve the American lobster resource within the framework of the Atlantic States Marine Fisheries Commission's Interstate Fishery Management Plan for American Lobster (ISFMP). Through the ISFMP, the Commission adopts fishery conservation and management strategies for the American lobster resource and coordinates the efforts of the states and NMFS to implement these strategies.

    The Commission, NMFS, and the affected states have worked to develop a strategy to address the declining SNE stock and control effort in the American lobster fishery. That strategy, which took shape in several addenda to Amendment 3 of the Commission's ISFMP, attempted to achieve this goal while maintaining the historic character of the lobster fishery, which has traditionally been comprised of small owner-operator businesses. As the Commission's ISFMP limited access to the fishery, the Commission was concerned that lobster permits might consolidate among a concentrated number of larger conglomerates. As a result, the Commission's ISFMP introduced the concept of permit restrictions in 2003 in Addendum IV and again in 2005 in Addendum VII. These two addenda contemplated limiting the aggregate number of permits an individual or entity may own in LCMAs 2 and 3.

    Concern about fishery consolidation and conglomeration intensified with the advent of the Commission's Trap Transfer Program in 2014. The Trap Transfer Program allows lobster fishermen to buy or sell partial trap allocations up to, but not exceeding, any applicable LCMA trap cap. Attrition in the fishery from the SNE stock decline resulted in a relatively high amount of latent trap effort in the SNE LCMAs. The Commission became concerned that businesses could cheaply purchase and combine latent permits and then activate them by transferring the trap allocation onto the permit or by activating traps that were already associated with a permit under the trap banking provisions of Addendum XVIII. Accordingly, the Commission revisited permit and effort restriction strategies in Addendum XXI in August 2013 and Addendum XXII in October 2013. These addenda limit the number of traps that any one individual or entity may own in LCMAs 2 and 3 and are the focus of this rulemaking action. Under these addenda, permit holders may also purchase traps in excess of the active permit cap and “bank” them. The banked allocation may be used in the future to offset the economic impacts associated with a multi-year schedule of annual trap reductions in LCMAs 2 and 3 that were adopted in Addendum XVIII to address the continued decline in the SNE lobster stock.

    In response to the Commission's recommendations for Federal action in Addenda XXI and XXII, NMFS notified the public that we were considering establishing a control date for the purposes of determining the number of traps or permits an individual or entity may hold in LCMAs 2 and 3. The notification, an advance notice of proposed rulemaking (79 FR 4319; January 27, 2014), announced that NMFS could use that publication date, January 27, 2014, or another date for such purpose and that it was developing a rulemaking action to consider the measures set forth in Addenda XXI and XXII.

    Subsequently, the Commission announced the results of the 2015 American Lobster Stock Assessment that found the SNE lobster stock was severely depleted, with record low abundance and recruitment failure, due to changing environmental conditions and continued fishing mortality. The Commission then focused its efforts on a new addendum to the ISFMP, Addendum XXV, to address the deteriorating condition of the SNE stock.

    NMFS deferred action on Addenda XXI and XXII while the Commission developed draft Addendum XXV during 2016 and 2017, because elements of Addendum XXV could have rendered the measures in the prior addenda unnecessary. In August 2017, the Commission decided to take no further action on Addendum XXV and requested that we advance the measures in Addenda XXI and XXII for Federal rulemaking. In response, we stet this advance notice of proposed rulemaking to reconsider the use of a control date in consideration of the measures in the two addenda.

    This document informs the public that NMFS may select January 27, 2014, or another date, as the control date, depending on public comments and input from the Commission. It also gives the public notice that interested participants should locate and preserve records that substantiate and verify their participation in the American lobster fishery. Participation in the fishery after the control date may not be treated the same as participation before the control date. Establishing a control date does not commit NMFS to develop any particular management regime or criteria for participation in these fisheries. Additionally, we may also choose to take no further action to control effort or consolidation in the American lobster fishery. NMFS is seeking specific comments on the appropriateness of using the existing January 27, 2014, control date. The public may also comment on whether another date is better suited as a control date for the lobster fishery.

    NMFS is also considering several clarifications to existing regulations:

    • Due to enforcement concerns, we are considering modifications to the gear marking requirement for lobster trap trawls with more than three traps to be more consistent with industry practices;

    • The Trap Transfer Program currently requires that trap transfers occur in increments of 10. We intend to remove this restriction to allow permit holders to transfer traps in any increment up to the permit cap for the fishing year to allow permit holders to take full advantage of the program;

    • NMFS is also considering adding a provision to allow a substitute vessel to haul and fish the traps of a federally-permitted lobster vessel that is inoperable or mechanically impaired. The intent is to allow a Federal permit holder to maintain his or her revenue from lobster fishing while the vessel is repaired or replaced. Currently, the regulations only allow a substitute vessel to bring the trap gear ashore; however, some states already permit the use of a substitute vessel to haul and fish traps under specific circumstances.

    Any future action taken by NMFS will be pursuant to the Atlantic Coastal Fisheries Cooperative Management Act and the Magnuson-Stevens Fishery Conservation and Management Act.

    This notification and control date do not impose any legal obligations, requirements, or expectation.

    Authority:

    16 U.S.C. 1801 et seq.; 16 U.S.C. 5101 et seq.

    Dated: November 8, 2017. Samuel D. Rauch, III, Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2017-24714 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    82 219 Wednesday, November 15, 2017 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0075] Verdeca LLC; Availability of a Petition for Determination of Nonregulated Status of Soybean Genetically Engineered for Increased Yield AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service (APHIS) has received a petition from Verdeca LLC seeking a determination of nonregulated status for the new plant variety HB4 soybean designated as IND-00410-5, which has been genetically engineered for increased yield. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Verdeca LLC petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition.

    DATES:

    We will consider all comments that we receive on or before January 16, 2018.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0075.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2017-0075, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0075 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    The petition is also available on the APHIS Web site at http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under APHIS petition 17-223-01p.

    FOR FURTHER INFORMATION CONTACT:

    Dr. John Turner, Director, Biotechnology Risk Analysis Programs, BRS, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236; (301) 851-3954, email: [email protected] To obtain copies of the petition contact Ms. Cindy Eck at (301) 851-3892, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered organisms and products are considered “regulated articles.”

    The regulations in §  340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of §  340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.

    APHIS has received a petition (APHIS Petition Number 17-223-01p) from Verdeca LLC (Verdeca), seeking a determination of nonregulated status for the new plant variety called HB4 soybean (Glycine max) designated as event IND-00410-5 that has been genetically engineered for increased yield, stating that this soybean is unlikely to pose a plant pest risk and, therefore, should not be a regulated article under APHIS' regulations in 7 CFR part 340.

    As described in the petition, soybean event IND-00410-5 has been genetically engineered to increase yield through the insertion of the HaHB4 transcription factor gene variant from the sunflower (Helianthus annuus). This gene improves plant fitness by reducing its sensitivity to ethylene, which would otherwise negatively impact growth, allowing the soybean to grow in a greater variety of environments with reduced negative impact on growth, development, and yield. Soybean event IND-00410-5 is currently regulated under 7 CFR part 340. Interstate movements and field tests of soybean event IND-00410-5 have been conducted under permits issued or notifications acknowledged by APHIS. Field tests conducted under APHIS oversight allowed for evaluation in a natural agricultural setting while imposing measures to minimize the risk of persistence in the environment after completion of the test. Data are gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk.

    In accordance with §  340.6(d) of the regulations, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review, and copies are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments. We also request that, when possible, commenters provide relevant information regarding specific localities or regions as soybean growth, crop management, and crop utilization may vary considerably by geographic region.

    After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information; any substantive issues identified by APHIS based on our review of the petition and our evaluation and analysis of comments will be considered in the development of our decisionmaking documents.

    As part of our decisionmaking process regarding a genetically engineered organism's regulatory status, APHIS prepares a plant pest risk assessment (PPRA) to assess its plant pest risk and the appropriate environmental documentation—either an environmental assessment (EA) or an environmental impact statement (EIS)—in accordance with the National Environmental Policy Act (NEPA), to provide the Agency with a review and analysis of any potential environmental impacts associated with the petition request. For petitions for which APHIS prepares an EA, APHIS will publish a separate notice in the Federal Register announcing the availability of the EA and PPRA. Should we determine that an EIS is necessary, APHIS will complete the NEPA EIS process in accordance with Council on Environmental Quality regulations (40 CFR part 1500-1508) and APHIS' NEPA implementing regulations (7 CFR part 372).

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 8th day of November 2017. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-24634 Filed 11-14-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Farm Service Agency Information Collection Request, Volunteer Program AGENCY:

    Farm Service Agency, USDA.

    ACTION:

    Notice; request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, the Farm Service Agency (FSA) is requesting comments from all interested individuals and organizations on an extension of a currently approved information collection associated with the Volunteer Program.

    DATES:

    We will consider comments that we receive by January 16, 2018.

    ADDRESSES:

    We invite you to submit comments on this notice. In your comment, include the volume, date, and page number of this issue of the Federal Register. You may submit comments by any of the following methods:

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

    Mail, Hand-Delivery or Courier: Ms. Shannon (Logan) Morrison, USDA, FSA, Human Resources Division, HCSPIB, 355 E Street SW., 12th Floor, Washington, DC 20024.

    You may also send comments to the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20503. Comments will be available for inspection online at http://www.regulations.gov.

    Copies of the information collection may be requested by contacting Shannon (Logan) Morrison at the above address. Persons with disabilities who require alternative means of communications should contact the USDA Target center at (202)720-2600 (voice).

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, Ms. Shannon (Logan) Morrison; (202) 401-0165.

    SUPPLEMENTARY INFORMATION:

    Title: Volunteer Program.

    OMB Control Number: 0560-0232.

    Expiration Date for Approval: January 31, 2018.

    Type of Request: Extension.

    Abstract: Section 1526 of the Agriculture and Food Act of 1981 (7 U.S.C. 2272) authorizes the Secretary of Agriculture to establish a program (“the Volunteer Program”) to use volunteers to perform a wide range of activities to carry out the programs of the Department of Agriculture. In addition, 5 U.S.C. 3111 grants agencies the authority to establish programs designed to provide educationally-related work assignments for students in non-pay status. For FSA's volunteer program, each volunteer must follow the same responsibilities and guidelines for conduct that Federal government employees are expected to follow. The volunteers, who are mainly students participating in the sponsored volunteer program, must complete a service agreement, attendance records, and other forms, and provide the required supporting documents to FSA. The information will allow FSA to effectively recruit, train, and accept volunteers to carry out programs supported by the Department of Agriculture, therefore benefitting volunteers, the Department of Agriculture, and the general public.

    Without the information, FSA will be unable to document the services provided by the volunteers. FSA will report the collected information to offices within the Department of Agriculture and the Office of Personnel Management that request information on the Volunteer Program.

    FSA continues to use forms AD-2022, AD-2023, AD-2024, and AD-2025 in the Volunteer Program. There is no change to the burden hours since the last OMB approval. Also, FSA will remove the FSA-related burden for form OF301 from the generic information collection request approved under OMB control number 0596-0080; FSA had previously used form OF301, but no longer uses that form.

    For the following estimated total annual burden on respondents, the formula used to calculate the total burden hours is the estimated average time per response multiplied by the estimated total annual responses.

    Estimate of Average Time to Respond: Public reporting burden for collecting information under this notice is estimated to average 15 minutes (0.25) per response for each of the 4 forms, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information for all respondent. Therefore, it would be an average 0.38 hours per response in this collection.

    Type of Respondents: Any individuals.

    Estimated Number of Respondents: 20.

    Estimated Number of Responses per Respondent: 4.

    Estimated Total Annual Reponses: 80.

    Estimated Average Time per Response: 0.38 hours.

    Estimated Total Annual Burden on Respondents: 30 hours.

    We are requesting comments on all aspects of this information to help us to:

    (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 collection of information, including the validity of the methodology and assumptions used;

    (3) Evaluate the quality, ability and clarity of the information technology; and

    (4) Minimize the burden of the information collection on those who respond through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission for Office of Management and Budget Approval.

    Steven J. Peterson, Acting Administrator, Farm Service Agency.
    [FR Doc. 2017-24652 Filed 11-14-17; 8:45 am] BILLING CODE 3410-05-P
    ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD [Docket No. ATBCB-2017-0002] Proposed Submission of Information Collection for OMB Review; Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery AGENCY:

    Architectural and Transportation Barriers Compliance Board.

    ACTION:

    30-Day Notice and Request for Comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act (PRA), the Architectural and Transportation Barriers Compliance Board (Access Board) invites comment on the proposed extension of its existing generic clearance for the collection of qualitative feedback on agency service delivery, which expires in January 2018. (OMB Control No. 3014-0011, Expiration: Jan. 31, 2018). This information collection was developed as part of a Federal Government-wide effort to streamline the process for seeking feedback from the public on service delivery. In August 2017, the Access Board published a 60-day notice soliciting public comment on the proposed renewal of our generic clearance of qualitative feedback. 82 FR 37421 (Aug. 10, 2017). No comments were received. This notice, as required by the PRA, provides an additional 30 days for public comment.

    DATES:

    Submit comments by December 15, 2017.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Email: [email protected] Include the OMB control number (3014-011) in the subject line of the message. Please also send a copy to [email protected]

    Fax: 202-395-5806, Attn: OMB Desk Officer for the U.S. Access Board. Include the OMB control number (3014-0011) in the subject line of the cover page. Please also fax a copy to 202-272-0081, Attn: Wendy Marshall.

    Mail: Office of Information and Regulatory Affairs, Attention: OMB Desk Officer for the U.S. Access Board, Room 10235, 725 17th Street NW., Washington, DC 20503. Include in your correspondence the OMB control number (3014-0011). Please also send a copy to Wendy Marshall, Office of General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111.

    FOR FURTHER INFORMATION CONTACT:

    Wendy Marshall, Attorney Advisor, Office of General Counsel, U.S. Access Board, 1331 F Street NW., Suite 1000, Washington, DC 20004-1111. Phone: 202-272-0043 (voice). Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    A. Background

    Under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.) (PRA) and its implementing regulations (5 CFR part 1320), Federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor (e.g., contractually-required information collection by a third-party). “Collection of information,” within the meaning of the PRA, includes agency requests that pose identical questions to, or impose reporting or recordkeeping obligations on, ten or more persons, regardless of whether response to such request is mandatory or voluntary. See 5 CFR 1320.3(c); see also 44 U.S.C. 3502(3). Before seeking clearance from OMB, agencies are generally required, among other things, to publish both 60-day and 30-day notices in the Federal Register to inform the public about proposed extensions of previously-approved information collection, and provide opportunities for comment. See 44 U.S.C. 3506(c)(2)(A); 5 CFR 1320.8(d)(1). In August 2017, the Access Board published a 60-day notice related to the proposed renewal of its generic clearance; no comments were received. The Access Board now publishes this notice to allow an additional 30 days for public comment.

    B. Proposed Information Collection Request

    With this notice, the Access Board provides notice of its intent to seek renewal of its existing generic clearance for the collection of qualitative feedback on agency service delivery. We anticipate seeking OMB approval for revisions to the type (and number) of information collection activities relative to our existing generic clearance that expires in January 2018. Specifically, the Access Board intends to seek an increase in the number of approved respondents (and burden hours) under the generic clearance, primarily because we expect to solicit feedback from customers across a broader spectrum of agency programs and services that relate to technical assistance, training, and other education and outreach initiatives. To date, we have found the feedback garnered through qualitative customer satisfaction surveys (and similar information collections) to be beneficial, by providing useful insights in experiences, perceptions, opinions, and expectations regarding Access Board services or focusing attention on areas in need of improvement. We thus intend to seek approval for expansion of our current efforts to solicit qualitative customer feedback by seeking input from customers across a broader array of agency programs and services. Online surveys will be used unless the customer contacts the agency by phone for technical assistance or an individual otherwise expresses a preference for another survey format (i.e., fillable form in portable document format or paper survey). In addition, paper surveys may be used to garner feedback from participants at in-person trainings or similar events.

    OMB Control Number: 3014-0011.

    Title: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery.

    Type of Review: Extension with revisions.

    Abstract: The proposed information collection activity facilitates collection of qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Federal Government's commitment to improving service delivery. By qualitative feedback we mean information collections that provide useful insights on perceptions and opinions, but are not statistical surveys that yield quantitative results that can be generalized to the population of study. This feedback will provide insight into customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training, or changes in operations might improve delivery of services. These collections will allow for ongoing, collaborative, and actionable communications between the Access Board and its customers and stakeholders.

    Feedback collected under this generic clearance provides useful information, but it does not yield data that can be generalized to the overall population. This type of generic clearance for qualitative information will not be used for quantitative information collections that are designed to yield reliably actionable results, such as monitoring trends over time or documenting program performance. Such data uses require more rigorous designs that address: The target population to which generalizations will be made, the sampling frame, the sample design (including stratification and clustering), the precision requirements or power calculations that justify the proposed sample size, the expected response rate, methods for assessing potential non-response bias, the protocols for data collection, and any testing procedures that were or will be undertaken prior to fielding the study. Depending on the degree of influence the results from such quantitatively-inclined information collections are likely to have, such collections might still be eligible for submission under another type of other generic clearance.

    Respondents/Affected Public: Individuals and Households; Businesses and Organizations; State, Local or Tribal Government.

    Burden Estimates: In the table below (Table 1), the Access Board provides estimates for the annual reporting burden under this proposed information collection. (The Access Board does not anticipate incurring any capital or other direct costs associated with this information collection. Nor will there be any costs to respondents, other than their time.)

    Table 1—Estimated Annual Burden Hours Type of collection Number of
  • respondents
  • Frequency
  • of response
  • (per year)
  • Average
  • response
  • time
  • (mins.)
  • Total
  • burden
  • (hours)
  • Customer feedback survey: Training/Webinar 1,200 1 6 120 Customer feedback survey: Technical Assistance 2,700 1 3 135 Customer feedback survey: Compliance & Enforcement 40 1 4 3 Totals 3,940 n/a n/a 258 (Note: Total burden hours per collection rounded to the nearest full hour.)

    Request for Comment: The Access Board seeks comment on any aspect of the proposed renewal of our existing generic clearance for the collection of qualitative feedback on agency service delivery, including (a) whether the proposed collection of information is necessary for the Access Board's performance; (b) the accuracy of the estimated burden; (c) ways for the Access Board to enhance the quality, utility, and clarity of the information collection; and (d) ways that the burden could be minimized without reducing the quality of the collected information.

    David M. Capozzi, Executive Director.
    [FR Doc. 2017-24729 Filed 11-14-17; 8:45 am] BILLING CODE 8150-01-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Louisiana Advisory Committee for a Meeting To Hear Public Testimony Regarding Civil Rights and Voter Accessibility in the State AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act that the Illinois Advisory Committee (Committee) will hold a meeting on Wednesday, November 15, 2017, from 9:00a.m. to 1:00p.m. CST, for the purpose of hearing public testimony regarding civil rights and voter access in the state.

    DATES:

    The meeting will be held on Wednesday, November 15, 2017, from 9:00 a.m. to 1:00 p.m. CST.

    Location: Grambling State University, School of Nursing Auditorium, One Cole Street. Grambling, LA 71245.

    FOR FURTHER INFORMATION CONTACT:

    David Barreras, DFO, at [email protected] or 312-353-8311.

    SUPPLEMENTARY INFORMATION:

    This meeting is free and open to the public. Persons with disabilities requiring reasonable accommodations should contact the Midwest Regional Office prior to the meeting to make appropriate arrangements. Members of the public are invited to make statements during an open comment period. In addition, members of the public may submit written comments; the comments must be received in the regional office within 30 days following the meeting. Written comments may be mailed to the Midwestern Regional Office, U.S. Commission on Civil Rights, 55 W. Monroe St., Suite 410, Chicago, IL 60615. They may also be faxed to the Commission at (312) 353-8324, or emailed to Corrine Sanders at [email protected] Persons who desire additional information may contact the Midwestern Regional Office at (312) 353-8311.

    Records generated from this meeting may be inspected and reproduced at the Midwestern Regional Office, as they become available, both before and after the meeting. Records of the meeting will be available via www.facadatabase.gov under the Commission on Civil Rights, Louisiana Advisory Committee link (https://www.facadatabase.gov/committee/meetings.aspx?cid=251). Select “meeting details” and then “documents” to download. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Midwestern Regional Office at the above email or street address.

    Agenda Opening Remarks and Introductions (9:00 a.m.-9:15 a.m.) Panel 1: Legal and Academic Research on Voting Rights (9:15 a.m.-10:30 a.m.) Panel 2: Policy Makers/Community Organizations/Non Proits (10:45 a.m.-12:00 p.m.) Open Forum (12:10 p.m.-1:00 p.m.) Closing Remarks (1:00 p.m.)

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for this meeting is given less than 15 days prior to the meeting because of the exceptional circumstance of the Committee working in support of the Commission's statutory enforcement report due September 30, 2018.

    Dated: November 9, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-24713 Filed 11-14-17; 8:45 a.m.] BILLING CODE P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Minnesota Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Minnesota Advisory Committee (Committee) to the Commission will be held from 3:00-5:00 p.m. CST Thursday November 30, 2017. The purpose of the meeting is for the Committee to discuss completion of and reporting on their 2017 study of civil rights and policing practices in the State.

    DATES:

    The meeting will be held on Thursday, November 30, 2017, from 3:00-5:00 p.m. CST.

    Public Call Information: Dial: 888-329-8893; Conference ID: 9974470.

    FOR FURTHER INFORMATION CONTACT:

    Carolyn Allen at [email protected] or (312) 353-8311.

    SUPPLEMENTARY INFORMATION:

    This meeting is available to the public through the following toll-free call-in number: 888-329-8893, conference ID number: 9974470. Any interested member of the public may call this number and listen to the meeting. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-977-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the U.S. Commission on Civil Rights, Regional Programs Unit, 55 West Monroe Street, Suite 410, Chicago, IL 60603. They may be faxed to the Commission at (312) 353-8324, or emailed Carolyn Allen at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (312) 353-8311.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at https://facadatabase.gov/committee/meetings.aspx?cid=256. Please click on the “Meeting Details” and “Documents” links to download. Records generated from this meeting may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meeting. Persons interested in the work of this Committee are directed to the Commission's Web site, http://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda I. Welcome II. Approval of Minutes III. Discussion on draft report on “Responses to 21st Century Policing in Minnesota” IV. Public Comment V. Next Steps VI. Adjournment Dated: November 9, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-24712 Filed 11-14-17; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Bureau of the Census Federal Economic Statistics Advisory Committee Meeting AGENCY:

    Bureau of the Census, Department of Commerce.

    ACTION:

    Notice of public meeting.

    SUMMARY:

    The U.S. Census Bureau is giving notice of a meeting of the Federal Economic Statistics Advisory Committee (FESAC). The Committee advises the Under Secretary for Economic Affairs, the Directors of the Bureau of Economic Analysis (BEA) and the Census Bureau, and the Commissioner of the U.S. Department of Labor's Bureau of Labor Statistics (BLS) on statistical methodology and other technical matters related to the collection, tabulation, and analysis of federal economic statistics. Last minute changes to the agenda are possible, which could prevent giving advance public notice of schedule adjustments. If you plan to attend the meeting, please register by Thursday, December 7, 2017. You may access the online registration form with the following link: https://www.regonline.com/fesac_december2017_meeting. Seating is available to the public on a first-come, first-served basis. An agenda will be accessible before the meeting at the following link: https://www.census.gov/fesac.

    DATES:

    December 15, 2017. The meeting will begin at approximately 9:00 a.m. and adjourn at approximately 4:30 p.m.

    ADDRESSES:

    The meeting will be held at the U.S. Census Bureau Conference Center, 4600 Silver Hill Road, Suitland, MD 20746.

    FOR FURTHER INFORMATION CONTACT:

    James R. Spletzer, Designated Federal Official, Department of Commerce, U.S. Census Bureau, Research and Methodology Directorate, Room 5K175, 4600 Silver Hill Road, Washington, DC 20233, telephone 301-763-4069, email: [email protected] For TTY callers, please call the Federal Relay Service (FRS) at 1-800-877-8339 and give them the above listed number. This service is free and confidential.

    SUPPLEMENTARY INFORMATION:

    Members of the FESAC are appointed by the Secretary of Commerce. The Committee advises the Under Secretary for Economic Affairs, the Directors of the BEA and the Census Bureau, and the Commissioner of the Department of Labor's BLS, on statistical methodology and other technical matters related to the collection, tabulation, and analysis of federal economic statistics. The Committee is established in accordance with the Federal Advisory Committee Act (Title 5, United States Code, Appendix 2).

    The meeting is open to the public, and a brief period is set aside for public comments and questions. Persons with extensive questions or statements must submit them in writing at least three days before the meeting to the Designated Federal Official named above.

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should also be directed to the Designated Federal Official as soon as known, and preferably two weeks prior to the meeting.

    Due to increased security, the following measures will be taken: For access to the meeting, please call 301-763-9906 upon arrival at the Census Bureau on the day of the meeting; a photo ID must be presented in order to receive your visitor's badge; and visitors are not allowed beyond the first floor.

    Dated: November 7, 2017. Ron S. Jarmin, Associate Director for Economic Programs Performing the Non-Exclusive Functions and Duties of the Director, Bureau of the Census.
    [FR Doc. 2017-24706 Filed 11-14-17; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-70-2017] Foreign-Trade Zone 15—Kansas City, Missouri Application for Expansion Under Alternative Site Framework

    An application has been submitted to the Foreign-Trade Zones (FTZ) Board (the Board) by the Greater Kansas City Foreign-Trade Zone, Inc., grantee of FTZ 15, requesting authority to expand its zone under the alternative site framework (ASF) adopted by the Board (15 CFR Sec. 400.2(c)). The application was submitted pursuant to the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u) and the regulations of the Board (15 CFR part 400). It was formally docketed on November 8, 2017.

    FTZ 15 was established by the Board on March 13, 1973 (Board Order 93, 38 FR 8622, April 4, 1973) and was reorganized under the ASF on May 16, 2014 (Board Order 1938, 79 FR 30079, May 27, 2014). The zone has a service area that includes Andrew, Bates, Buchanan, Caldwell, Carroll, Cass, Chariton, Clay, Clinton, Cooper, Daviess, DeKalb, Henry, Howard, Jackson, Johnson, Lafayette, Livingston, Pettis, Platte, Ray and Saline Counties, Missouri. The zone currently consists of the following sites: Site 1 (8.46 acres total, sunset 5/31/2019)—within Executive Park, located at 1650 North Topping and 1226 Topping Drive, Kansas City; Site 2 (64.3 acres, sunset 5/31/2019)—surface/underground warehouse complex, 8300 NW Underground Drive and 3600 Great Midwest Drive, Kansas City; Site 3 (9,667 acres)—within the Kansas City International Airport facility, 601 Brasilia Avenue, Kansas City; Site 4 (416 acres, sunset 5/31/2019)—Carefree Industrial Park, 1600 North Missouri Highway 291, Sugar Creek; Site 7 (1,567 acres, sunset 5/31/2019)—Richards-Gebaur Memorial Airport/Industrial Park, 1540 Maxwell, Kansas City; Site 8 (26 acres, sunset 5/31/2019)—Chillicothe Industrial Park, located at Ryan Road and Brunswick, Chillicothe; Site 11 (22 acres, sunset 5/31/2020)—Omni Apparel Inc., 13500 15th Street, Grandview; Site 13 (36.57 acres, sunset 5/31/2020)—Pure Fishing, 7501 NW 106th Terrace, Kansas City; Site 14 (68 acres, sunset 5/31/2019)—within the 330-acre Air World Center Business Park, located at Interstate 29 and 112th Street, Kansas City; Site 16 (155 acres, sunset 5/31/2019)—Congress Corporate Center Industrial Park, located at the northwest corner of 112th Street and North Congress, Kansas City; Site 17 (27 acres total, sunset 5/31/2019)—within the Grandview Industrial Park, located at 13700 South US 71 Highway and at 5610 East 139th Street, Grandview; Site 19 (178.2 acres, sunset 2/28/2018)—Grainger International, Inc., 11200 E. 210 Highway, Kansas City; Site 20 (34.6878 acres total, sunset 2/28/2018)—Grainger International, Inc., 150/201/501 South Geospace Drive and 2999/3011/3201 East Geospace Drive, Independence; and, Site 22 (62.7 acres, sunset 12/31/2019)—Outdoor Custom Sportswear, LLC, 13205 Arrington Road, Grandview.

    The applicant is now requesting authority to modify the existing boundaries of Site 3 at the Kansas City International Airport facility by removing a 143.90-acre parcel and adding twelve new parcels totaling 1,273.90 acres. Modified Site 3 would consist of 10,797 acres. The proposed expanded site is within the Kansas City Customs and Border Protection port of entry.

    In accordance with the FTZ Board's regulations, Camille Evans of the FTZ Staff is designated examiner to evaluate and analyze the facts and information presented in the application and case record and to report findings and recommendations to the FTZ Board.

    Public comment is invited from interested parties. Submissions shall be addressed to the FTZ Board's Executive Secretary at the address below. The closing period for their receipt is January 16, 2018. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to January 29, 2018.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the FTZ Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: November 8, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-24646 Filed 11-14-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-139-2017] Approval of Subzone Status; Gulfstream Aerospace Corporation; Dallas, Texas

    On September 12, 2017, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Metroplex International Trade Development Corporation, grantee of FTZ 168, requesting subzone status subject to the existing activation limit of FTZ 168, on behalf of Gulfstream Aerospace Corporation, in Dallas, Texas.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (82 FR 43327, September 15, 2017). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval.

    Pursuant to the authority delegated to the FTZ Board's Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 168E was approved on November 6, 2017, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 168's 1,909-acre activation limit.

    Dated: November 8, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-24645 Filed 11-14-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-151-2017] Approval of Subzone Status; Lockheed Martin Corporation, Space Systems Company; Littleton, Colorado

    On September 25, 2017, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the City and County of Denver, Colorado, grantee of FTZ 123, requesting subzone status subject to the existing activation limit of FTZ 123, on behalf of Lockheed Martin Corporation, Space Systems Company, in Littleton, Colorado.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (82 FR 45262-45263, September 28, 2017). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval. Pursuant to the authority delegated to the FTZ Board Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 123G was approved on November 8, 2017, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 123's 858-acre activation limit.

    Dated: November 8, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-24647 Filed 11-14-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [Application No. 14-4A004] Export Trade Certificate of Review ACTION:

    Notice of Application for an Amended Export Trade Certificate of Review by DFA of California (“DFA”), Application No. 14-4A004.

    SUMMARY:

    The Secretary of Commerce, through the International Trade Administration, Office of Trade and Economic Analysis (OTEA), has received an application for an amended Export Trade Certificate of Review (Certificate) from DFA. This notice summarizes the proposed amendment and seeks public comments on whether the amended Certificate should be issued.

    FOR FURTHER INFORMATION CONTACT:

    Joseph E. Flynn, Director, Office of Trade and Economic Analysis, International Trade Administration, by telephone at (202) 482-5131 (this is not a toll-free number) or email at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title III of the Export Trading Company Act of 1982 (15 U.S.C. Sections 4001-21) authorizes the Secretary of Commerce to issue Export Trade Certificates of Review. An Export Trade Certificate of Review protects the holder and the members identified in the Certificate from State and Federal government antitrust actions and from private treble damage antitrust actions for the export conduct specified in the Certificate and carried out in compliance with its terms and conditions. Section 302(b)(1) of the Export Trading Company Act of 1982 and 15 CFR 325.6(a) require the Secretary to publish a notice in the Federal Register identifying the applicant and summarizing its application.

    Request for Public Comments

    Interested parties may submit written comments relevant to the determination whether an amended Certificate should be issued. If the comments include any privileged or confidential business information, it must be clearly marked and a nonconfidential version of the comments (identified as such) should be included. Any comments not marked as privileged or confidential business information will be deemed to be nonconfidential.

    An original and five (5) copies, plus two (2) copies of the nonconfidential version, should be submitted no later than 20 days after the date of this notice to: Office of Trade and Economic Analysis, International Trade Administration, U.S. Department of Commerce, Room 21028, Washington, DC 20230.

    Information submitted by any person is exempt from disclosure under the Freedom of Information Act (5 U.S.C. 552). However, nonconfidential versions of the comments will be made available to the applicant if necessary for determining whether or not to issue the amended Certificate. Comments should refer to this application as “Export Trade Certificate of Review, application number 14-4A004.”

    Summary of the Application

    Applicant: DFA of California.

    Contact: Matthew Krehe, (916) 646-6464.

    Application No.: 14-4A004.

    Date Deemed Submitted: November 2, 2017.

    Proposed Amendment: DFA seeks to amend its Certificate as follows:

    1. Add the following new Member of the Certificate within the meaning of section 325.2(1) of the Regulations (15 CFR 325.2(1)): John B. SanFilippo & Sons, Inc.

    DFA's proposed amendment of its Export Trade Certificate of Review results in the following membership list:

    1. Alpine Pacific Nut Company, Hughson, CA 2. Andersen & Sons Shelling, Vina, CA 3. Avanti Nut Company, Inc., Stockton, CA 4. Berberian Nut Company, LLC, Chico, CA 5. Carriere Family Farms, Inc., Glenn, CA 6. California Almond Packers and Exporters, Inc. (CAPEX), Corning, CA 7. California Walnut Company, Inc., Los Molinos, CA 8. Chico Nut Company, Chico, CA 9. Continente Nut LLC, Oakley, CA 10. C.R. Crain & Sons, Inc., Los Molinos, CA 11. Crain Walnut Shelling, Inc., Los Molinos, CA 12. Diamond Foods, LLC, Stockton, CA 13. Empire Nut Company, Colusa, CA 14. Fig Garden Packing, Inc., Fresno, CA 15. Gold River Orchards, Inc., Escalon, CA 16. Grower Direct Nut Company, Hughson, CA 17. GSF Nut Company, Orosi, CA 18. Guerra Nut Shelling Company, Hollister, CA 19. Hill View Packing Company Inc., Gustine, CA 20. John B. SanFilippo & Son, Inc. 21. Mariani Nut Company, Winters, CA 22. Mariani Packing Company, Inc., Vacaville, CA 23. Mid Valley Nut Company Inc., Hughson, CA 24. Morada Nut Company, LP, Stockton, CA 25. National Raisin Company, Fowler, CA 26. O-G Nut Company, Stockton, CA 27. Omega Walnut, Inc., Orland, CA 28. Pearl Crop, Inc., Stockton, CA 29. Poindexter Nut Company, Selma, CA 30. Prima Noce Packing, Linden, CA 31. RPC Packing Inc., Porterville, CA 32. Sacramento Packing, Inc., Yuba City, CA 33. Sacramento Valley Walnut Growers, Inc., Yuba City, CA 34. San Joaquin Figs, Inc., Fresno, CA 35. Shoei Foods USA Inc., Olivehurst, CA 36. Stapleton-Spence Packing, Gridley, CA 37. Sun-Maid Growers of California, Kingsburg, CA 38. Sunsweet Growers Inc., Yuba City, CA 39. Taylor Brothers Farms, Inc., Yuba City, CA 40. T.M. Duche Nut Company, Inc., Orland, CA 41. Wilbur Packing Company, Inc., Live Oak, CA 42. Valley Fig Growers, Fresno, CA Dated: November 8, 2017. Amanda Reynolds, Office of Trade and Economic Analysis, International Trade Administration.
    [FR Doc. 2017-24679 Filed 11-14-17; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE International Trade Administration President's Advisory Council on Doing Business in Africa AGENCY:

    International Trade Administration, U.S. Department of Commerce.

    ACTION:

    Notice of an open meeting.

    SUMMARY:

    The President's Advisory Council on Doing Business in Africa (PAC-DBIA or Council) will meet to deliberate on analysis of the top three obstacles U.S. companies face in approaching African markets, competing for business opportunities, and operating business activities. Topics may include: Market risk, capital market development, market size, localization requirements, foreign government support to enable competitors, procurement practices, local skilled workforce availability, foreign exchange, trade facilitation, and infrastructure. The final agenda for the meeting will be posted at least one week in advance of the meeting on the Council's Web site at http://trade.gov/pac-dbia.

    DATES:

    November 29, 2017, 9:30 a.m. (EST).

    ADDRESSES:

    The President's Advisory Council on Doing Business in Africa meeting will be broadcast via live webcast on the Internet at http://whitehouse.gov/live.

    FOR FURTHER INFORMATION CONTACT:

    Giancarlo Cavallo or Ashley Bubna, Designated Federal Officers, President's Advisory Council on Doing Business in Africa, Department of Commerce, 1401 Constitution Ave. NW., Room 22004, Washington, DC 20230 telephone: 202-482-2091, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background: The Council was established on November 4, 2014, to advise the President, through the Secretary of Commerce, on strengthening commercial engagement between the United States and Africa. The Council's charter was renewed for a second, two-year term in September 2017. The Council was established in accordance with the provisions of the Federal Advisory Committee Act (FACA), as amended, 5 U.S.C. App.

    Public Submissions: The public is invited to submit written statements to the Council. Statements must be received by 5:00 p.m. November 22, 2017 by either of the following methods:

    a. Electronic Submissions

    Submit statements electronically to Giancarlo Cavallo and Ashley Bubna, Designated Federal Officers, President's Advisory Council on Doing Business in Africa, via email: [email protected]

    b. Paper Submissions

    Send paper statements to Giancarlo Cavallo and Ashley Bubna, Designated Federal Officers, President's Advisory Council on Doing Business in Africa, Department of Commerce, 1401 Constitution Ave. NW., Room 22004, Washington, DC 20230.

    Statements will be provided to the members in advance of the meeting for consideration and also will be posted on the Council Web site (http://trade.gov/pac-dbia). Any business proprietary information should be cleared and designated as such. All statements received, including attachments and other supporting materials, are part of the public record and subject to public disclosure.

    Meeting minutes: Copies of the Council's meeting minutes will be available within ninety (90) days of the meeting on the Council's Web site at http://trade.gov/pac-dbia.

    Dated: November 8, 2017. Fred Stewart, Director, Office of Africa.
    [FR Doc. 2017-24664 Filed 11-14-17; 8:45 am] BILLING CODE 3510-DR-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF100 Draft National Procedure for Permit Applications To Retain Releasable Rehabilitated Marine Mammals for Public Display AGENCY:

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

    ACTION:

    Notice; request for comments.

    SUMMARY:

    The National Marine Fisheries Service (NMFS) has developed a draft national Procedural Directive clarifying the process for eligible permit applicants to obtain releasable marine mammals for public display purposes under the Marine Mammal Protection Act (MMPA). Releasable marine mammals are those that were successfully rehabilitated by the Marine Mammal Health and Stranding Response Program's network of stranding centers and have been determined by the rehabilitation facility's attending veterinarian to be candidates for return to the wild. NMFS will no longer grant permits for the specific purpose of retaining releasable marine mammals for public display. Instead, applicants will now need to apply for a permit to take (collect) animals from the wild pursuant to the MMPA. Non-releasable animals, on the other hand, may still be obtained through NMFS' administrative procedures.

    DATES:

    Comments must be received by December 15, 2017.

    ADDRESSES:

    The draft Procedural Directive is available in electronic form via the Internet at http://www.nmfs.noaa.gov/pr/permits/publicdisplay_permit.htm. You may submit comments by including NOAA-NMFS-2017-0096 by either of the following methods:

    Federal e-Rulemaking Portal: Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0096, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Send comments to: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3226, Attn: Releasable Rehabilitated Marine Mammal Procedural Directive.

    Instructions: NMFS may not consider comments if they are sent by any other method, to any other address or individual, or received after the comment period ends. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender is publicly accessible. NMFS will also accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    FOR FURTHER INFORMATION CONTACT:

    Jaclyn Taylor, NMFS, Office of Protected Resources, 301-427-8402, [email protected]

    SUPPLEMENTARY INFORMATION:

    Section 104 of the MMPA (16 U.S.C. 1361 et seq.) allows permits to be issued to take or import marine mammals for public display purposes, and section 109 requires the release of rehabilitated marine mammals to their natural habitat whenever feasible. The MMPA regulations at 50 CFR 216.27(b)(4) allow the NMFS OPR Director to require the use of a rehabilitated marine mammal for public display (or research or enhancement) in lieu of a take from the wild.

    From 2005-2016, NMFS issued three permits authorizing the retention of releasable marine mammals (rehabilitated animals cleared for release back to the wild) for public display purposes under section 104 of the MMPA and NMFS' implementing regulations at 50 CFR part 216. A permit was required for placement of releasable stranded animals (as opposed to non-releasable animals, which NMFS places in accordance with an administrative process rather than a permit) because NMFS views retention of a releasable marine mammal as the functional equivalent of a take from the wild (i.e., the animal would have otherwise been released and would presumably have contributed to the wild population). These three permits were based upon NMFS' interpretation of the regulations at 50 CFR 216.27(b)(4), which state the NMFS OPR Director may require use of a rehabilitated marine mammal for public display purposes in lieu of animals taken from the wild. The three previous permit applicants were not required to request an actual “take” of animals from the wild, as the placement of a releasable animal was considered in lieu of such take.

    However, NMFS received numerous public comments on the three issued permits asserting that permits to retain releasable marine mammals are in direct contradiction to the purpose of Title IV and section 109(h) of the MMPA, which mandate the rescue and rehabilitation of stranded marine mammals with the goal of releasing the animals to the wild when feasible. Commenters specifically expressed concerns that the process for assessing the actual impact of a take from the wild was largely circumvented.

    After evaluation and reconsideration of this permit process and as a result of public comments on the three permits issued, NMFS has developed a new draft Procedural Directive to clarify its interpretation of MMPA regulations and procedures for authorizing releasable rehabilitated marine mammals to be retained for purposes of public display.

    In the Procedural Directive, NMFS is proposing to no longer issue permits for the specific purpose of obtaining releasable marine mammals from the National Stranding Network for public display. Instead, would-be applicants must apply for a permit to take (collect) from the wild pursuant to the MMPA. In the event NMFS decides to grant such a permit, the NMFS OPR Director may then, at his or her discretion, require that a releasable rehabilitated marine mammal be substituted for capturing an animal from the wild, in accordance with 50 CFR 216.27.

    NMFS believes this approach is more consistent with the statutory provisions governing rehabilitation and release of stranded marine mammals (MMPA section 109(h) and MMPA Title IV), which are separate and distinct from the provisions governing issuance of permits for the take of animals from the wild for purposes of public display (MMPA section 104).

    Dated: November 6, 2017. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-24642 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF772 Marine Fisheries Advisory Committee Meeting AGENCY:

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

    ACTION:

    Notice of open public meeting.

    SUMMARY:

    This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee (MAFAC). The members will discuss and provide advice on issues outlined under SUPPLEMENTARY INFORMATION below.

    DATES:

    The meeting will be held November 28 and 29, 2017, from 8:30 a.m. to 5 p.m., and November 30, from 8:30 a.m. to 3 p.m.

    ADDRESSES:

    The meeting will be held at the Sheraton Silver Spring Hotel, 8777 Georgia Ave., Silver Spring, MD 20910; 301-589-0800.

    FOR FURTHER INFORMATION CONTACT:

    Heidi Lovett, MAFAC Assistant Director; 301-427-8034; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. 2, notice is hereby given of a meeting of MAFAC. The MAFAC was established by the Secretary of Commerce (Secretary), and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The complete charter and summaries of prior meetings are located online at http://www.nmfs.noaa.gov/ocs/mafac/.

    Matters To Be Considered

    This meeting time and agenda are subject to change.

    The meeting is convened to hear presentations and updates and to discuss policies and guidance on the following topics: The importance of timely data for fisheries resiliency; Columbia Basin Partnership Task Force efforts on the conservation and restoration of salmon and steelhead; aquaculture; citizen science; NMFS communications, outreach, and FishWatch; and the budget outlook for FY2018. MAFAC will discuss various administrative and organizational matters, and meetings of subcommittees and working groups will be convened.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Heidi Lovett; 301-427-8034 by November 15, 2017.

    Dated: November 9, 2017. Jennifer Lukens, Director for the Office of Policy, National Marine Fisheries Service.
    [FR Doc. 2017-24720 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF773 Meeting of the Columbia Basin Partnership Task Force of the Marine Fisheries Advisory Committee AGENCY:

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

    ACTION:

    Notice of open public meeting.

    SUMMARY:

    This notice sets forth the proposed schedule and agenda of a forthcoming meeting of the Marine Fisheries Advisory Committee's (MAFAC's) Columbia Basin Partnership Task Force (CBP Task Force). The CBP Task Force will discuss the issues outlined in the SUPPLEMENTARY INFORMATION below.

    DATES:

    The meeting will be held December 5, 2017, from 8 a.m. to 5 p.m. and on December 6, 2017, from 8 a.m. to 4 p.m.

    ADDRESSES:

    The meeting will be held at the Davenport Grand Hotel, 333 Spokane Falls Blvd., Spokane, WA 99201; 509-458-3330.

    FOR FURTHER INFORMATION CONTACT:

    Katherine Cheney; NFMS West Coast Region; 503-231-6730; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given of a meeting of MAFAC's CBP Task Force. The MAFAC was established by the Secretary of Commerce (Secretary) and, since 1971, advises the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. The complete MAFAC charter and summaries of prior MAFAC meetings are located online at http://www.nmfs.noaa.gov/ocs/mafac/. The CBP Task Force reports to MAFAC and is being convened to discuss and develop recommendations for long-term goals to meet Columbia Basin salmon recovery, conservation needs, and harvest opportunities. These goals will be developed in the context of habitat capacity and other factors that affect salmon mortality. More information is available at the CBP Task Force Web page: http://www.westcoast.fisheries.noaa.gov/columbia_river/index.html.

    Matters To Be Considered

    The meeting time and agenda are subject to change. Updated information will be available on the CBP Task Force Web page above. Meeting topics include progress reports on applying the analytical framework to example species as prototypes and updates on quantitative goal setting, guiding principles, and vision. The meeting is open to the public as observers, and public input will be accepted on December 6, 2017, from 3:30 to 4 p.m., limited to the time available.

    Special Accommodations

    The meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Katherine Cheney; 503-231-6730, by November 28, 2017.

    Dated: November 9, 2017. Jennifer Lukens, Director for the Office of Policy, National Marine Fisheries Service.
    [FR Doc. 2017-24721 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF799 Fisheries Off West Coast States; Pacific Coast Groundfish Fishery; Application for an Exempted Fishing Permit AGENCY:

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

    ACTION:

    Notice; receipt of exempted fishing permit applications; request for comments.

    SUMMARY:

    NMFS announces the receipt of two exempted fishing permit (EFP) applications. The first application was received from The Nature Conservancy (TNC) for an EFP to test commercial pot fishing gear for selective harvest of lingcod. The lingcod pot gear EFP is intended to provide for the selective harvest of lingcod with fixed gear inside the non-trawl rockfish conservation area (RCA), allowing harvest of lingcod within existing annual catch limits (ACLs) while keeping catch of co-occurring overfished species (e.g. yelloweye rockfish) within rebuilding ACLs. The second application was received from the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative for an EFP to test if and how the removal of certain trawl gear, time, and area restrictions for the Shorebased Individual Fishing Quota (IFQ) Program may impact the nature and extent of bycatch of prohibited species. This EFP is intended to allow participating limited entry groundfish bottom trawl and midwater trawl vessels more flexibility in 2018 to target pelagic rockfish species, such as widow, chilipepper, and yellowtail rockfish. The NMFS West Coast Region's Assistant Regional Administrator for Sustainable Fisheries has made a preliminary determination that the subject EFP applications contain all the required information and warrant further consideration. Therefore, NMFS announces that the Assistant Regional Administrator for Sustainable Fisheries proposes to recommend that EFPs be issued.

    DATES:

    Comments must be received no later than 5 p.m., local time on November 30, 2017.

    ADDRESSES:

    You may submit comments, identified by 0648-XF799, by any one of the following methods:

    Email: [email protected]

    Mail: Barry Thom, Regional Administrator, West Coast Region, NMFS, 7600 Sand Point Way NE., Seattle, WA 98115-0070, Attn: Karen Palmigiano.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and would generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address, etc.), confidential business information, or otherwise sensitive information submitted voluntarily by the sender would be publicly accessible. NMFS would accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments would be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

    Information relevant to this notice or the EFP applications are available for public review during business hours at the NMFS West Coast Regional Office at 7600 Sand Point Way NE., Seattle, WA 98115, or by requesting them via phone or the email address listed in the FOR FURTHER INFORMATION CONTACT section.

    FOR FURTHER INFORMATION CONTACT:

    Karen Palmigiano at (206) 526-4491 or [email protected]

    SUPPLEMENTARY INFORMATION:

    This action is authorized by the Pacific Coast Groundfish Fishery Management Plan (FMP) and implementing regulations at 50 CFR 600.745, which states that EFPs may be used to authorize fishing activities that would otherwise be prohibited.

    Lingcod Pot Gear EFP

    At its June 2016 meeting, the Pacific Fishery Management Council (Council) received an EFP application from TNC for the use of pot gear to target lingcod within the non-trawl RCA offshore of Washington and Oregon. An initial opportunity for public comment was provided during this meeting. At that time, the Council recommended that NMFS consider issuing the EFP for a period of two years (i.e., 2017 and 2018). The two-year duration was intended to coincide with the 2017-18 biennial harvest specifications and management measures process. However, due to unforeseen delays, NMFS was unable to issue this EFP for 2017, and is proposing to issue the EFP described below beginning in 2018. The EFP would expire no later than December 31, 2018.

    In 2014, during preliminary gear testing conducted by TNC and their research partners, catch of lingcod was lower than anticipated. During testing, the gear was only fished in areas open to non-trawl groundfish fishing, which included the area seaward of the non-trawl RCA, in depths ranging from approximately 100-200 fathoms (fm) (54.7-109.4 meters). Applicants hypothesize that low catch of lingcod was primarily due to the non-trawl RCA (a depth-based area closure prohibiting fishing for lingcod with pot gear from approximately 30 fathoms to 100 fathoms), closing depths where lingcod are most commonly found (i.e., shallower than 100 fm). Subsequently, TNC proposed and the Council recommended to NMFS an EFP which would provide an exemption to participating vessels to target lingcod with pot gear inside the non-trawl RCA off Washington and Oregon. This EFP is necessary to allow activities that are otherwise prohibited by Federal regulations. As the RCAs were implemented to reduce incidental catch of overfished species, it is not uncommon for the Council to recommend to NMFS the permitting of fishing opportunities to occur inside a RCA when the gear is highly selective, with low bycatch of non-target and overfished groundfish species.

    Entanglement of humpback whales in pot gear buoy lines is a concern, particularly in the West Coast sablefish pot fishery, which is designated as a Category II fishery in the 2017 List of Fisheries (82 FR 9690, February 8, 2017) due to its occasional interactions with humpback whales; the last of which was documented in 2006. Concerns with regards to the pot gear, similar to sablefish pot gear with regards to the buoy lines, being employed in the proposed EFP are mitigated because the magnitude of the fishing effort permitted under this EFP would be minimal and occur off Oregon, where fewer documented interactions between pot gear and humpback whales has occurred. Therefore, NMFS is proposing to approve the EFP consistent with general requirements following the conclusion of the public comment period. Subsequently, NMFS would issue the actual permits for the EFP to individual participants and TNC as the entity coordinating EFP-related fishing activities as appropriate. NMFS intends to use an adaptive management approach for this EFP in which NMFS may revise requirements and protocols to improve the EFP without issuing another Federal Register Notice, provided that the modifications fall within the scope of the Council's original intent. Such changes may be granted without further public notice if they are deemed essential to facilitate completion of the proposed research and result in only a minimal change in the scope or impacts of the initially approved EFP request.

    In accordance with NOAA Administrative Order (NAO) 216-6, a Categorical Exclusion or other appropriate National Environmental Policy Act document would be completed prior to the issuance of any permits under this EFP. Further review and consultation may be necessary before a final determination is made to issue the permits. After publication of this document in the Federal Register, the EFP, if approved by NMFS, may be implemented following the public comment period. NMFS would consider comments submitted, as well as the Council's discussion at their June 2016 Council meeting, in deciding whether to approve the application as requested. NMFS may approve the application in its entirety or may make any alterations needed to achieve the goals of the EFP.

    2018 Trawl Gear EFP

    In September 2017, the Council received an application for an EFP from the West Coast Seafood Processors Association, Environmental Defense Fund, Oregon Trawl Commission, and Midwater Trawlers Cooperative to test if and how the removal of certain gear, time, and area restrictions for the Shorebased IFQ Program may impact the nature and extent of prohibited species bycatch, particularly salmon and eulachon. This EFP is intended to allow participating limited entry groundfish bottom trawl and midwater trawl vessels more flexibility in 2018 to target pelagic rockfish species, such as widow, chilipepper, and yellowtail rockfish. An opportunity for public testimony was provided during the Council meeting, after which the Council recommended the EFP with several changes. Specifically, the Council narrowed the number of exemptions they recommended to include in the EFP. After the Council meeting, the applicants updated their application based on the Council's recommendations and resubmitted a final version of the application to NMFS on October 4, 2017. Copies of the final version of the application are available from NMFS. (See ADDRESSES for how to obtain this information).

    In late 2016, industry members proposed a trawl gear EFP for 2017 (later known as the 2017 trawl gear EFP) to provide them exemptions to the minimum mesh size requirement and exemptions to the requirement to use selective flatfish trawl shoreward of the trawl RCA north of 42° North latitude (N. lat) for limited entry bottom trawl vessels. Since implementation of the 2017 trawl gear EFP in March 2017, limited entry groundfish bottom trawl vessels have been testing their new gear configurations by targeting midwater pelagic rockfish (primarily widow rockfish and yellowtail rockfish) using modified bottom trawl gear north of 42° N. lat. shoreward of the trawl RCA with minimal impacts on Chinook salmon. As of the end of October 2017, there have been 50 trips taken by 10 vessels, and they have caught a total of four Chinook salmon. Information on gear configurations has been collected, and the data would helpful information any potential modifications or elimination of current gear restrictions.

    To continue collecting information on impacts to salmon and eulachon that may arise from the modification or elimination of gear, time, and area regulations, the applicants have requested a 2018 trawl gear EFP that expands upon the 2017 trawl gear EFP. The trawl gear EFP in 2018 would provide participating vessels with several exemptions regarding the required minimum mesh size, the requirement to use selective flatfish trawl gear shoreward of the trawl RCA and north of 42° N. lat., the prohibition on fishing with midwater groundfish trawl gear north of 40°10′ N. lat. in all areas prior to May 15th each year, the prohibition on fishing with midwater groundfish trawl gear south of 40°10′ N. lat. within the boundaries of the trawl RCA (midwater groundfish trawling would still be prohibited shoreward of the RCA and south of 40°10′ N. lat.), the prohibition on bringing a new haul onboard before a previous haul is stowed, and the prohibition on carrying and fishing more than one type of groundfish trawl gear (midwater and bottom trawl gear) on the same trip.

    If approved, vessels fishing on an EFP trip with bottom trawl gear would be permitted to use any small footrope gear that meets the definition in regulations at § 660.11 shoreward of the RCA and north of 42° N. lat. similar to what is required south of 40°10′ N. lat. Vessels fishing on an EFP trip with limited entry midwater trawl vessels would be permitted to fish within all areas north of 40°10′ N. lat. and within the boundaries and seaward of the RCA south of 40°10′ N. lat. for the duration of this EFP. These vessels would not be constrained to the primary whiting season dates. All participating groundfish bottom trawl and midwater trawl vessels on an EFP trip would be permitted to carry and fish both groundfish trawl gear types (bottom trawl and midwater trawl) on the same trip, assuming the proper declarations are made, and bring a new haul on board before a previous haul is stowed. Finally, vessels fishing on an EFP trip would not be constrained by the mesh requirements regarding size or how it is measured. Participating vessels would carry observers or use a NMFS-approved electronic monitoring system on 100-percent of trips, as is currently required in the IFQ program.

    NMFS has some concerns with the potential impacts these exemptions may have on protected and prohibited species. The best available data suggests that bycatch rates of Endangered Species Act listed salmon, eulachon, and green sturgeon could increase as a result of the increased effort resulting from this EFP. However, because a targeted fishery for chilipepper, widow, and yellowtail rockfish has not existed in more than a decade and the fishery has changed a lot since this data was collected, this data may not reflect current bycatch rates resulting in its limited utility for predicting current impacts to protected and prohibited species. Thus, NMFS has been working with the applicant to develop an EFP that would meet the applicants' objectives to better target pelagic rockfish species while collecting information about bycatch and minimizing bycatch to the extent practicable. To address NMFS's concerns, the applicants included in their application a requirement to collect bycatch information at the haul level and genetic samples on all salmon caught. Additionally, the applicants proposed and the Council recommended that all salmon caught by vessels participating in this EFP would be subject to a total salmon harvest guideline of 3,547 Chinook salmon. In addition, the Council recommend two sub-harvest guidelines to further help mitigate against potential impacts:

    • Prior to May 15th—All vessels fishing on an EFP trip north of 42° N. lat. would be subject to a sub-harvest guideline of 720 Chinook salmon (out of the 3,547 Chinook salmon total harvest guideline) for this area, including seaward, within, and shoreward of the trawl RCA, from the inception of this EFP until 12:01 a.m. on May 15th which corresponds to the start of the Primary whiting season for the Shorebased IFQ fishery. From May 15th through the end of this EFP, all EFP trips taken north of 42° N. lat. would be subject to the remainder of total harvest guideline (3,547 Chinook salmon) for the EFP.

    • South of 42° N. lat.—All vessels fishing on an EFP trip south of 42° N. lat. would be subject to a sub-harvest guideline of 80 Chinook salmon (out of the 3,547 Chinook salmon harvest guideline) for this area for the duration of this EFP.

    If the overall harvest guideline of 3,547 Chinook salmon for the EFP is reached, the EFP would be shut down. Additionally, if a sub-harvest guideline is reached EFP trips for which that sub-harvest guideline apply would be shut down. For example, if vessels fishing north of 42° N. lat. prior to May 15th catch more than 720 Chinook salmon, the EFP would be shut down until May 15th when it would open back up in this area under the 3,547 Chinook salmon harvest guideline. For the area south of 42° N. lat., if any time during the EFP vessels fishing in this area catch more than 80 Chinook salmon, the EFP activity in the area south of 42° N. lat. would be shut down and would not reopen for the remainder of the EFP.

    The applicants have not proposed a specific list of participating vessels, as is traditionally the case, but rather are proposing that NMFS publish a public notice to gauge interest from limited entry groundfish midwater and bottom trawl vessels. Depending on the amount of interest and where vessels may be fishing, NMFS may need to limit participation by time and area to mitigate against potential impacts. Participating vessels that enroll in the EFP would be required to declare into and out of the EFP on a monthly basis by notifying NMFS.

    Information collected under the EFP could be used to support the analysis for potential new and modifications to existing gear regulations. With many of the current gear regulations having been in place for more than ten years, it is difficult for NMFS, the Council, and industry to predict the impacts of removing these regulations. In the past ten years, the industry has changed significantly. Reduction in capacity, innovations in gear technologies, and changes in management have all contributed to these changes. This EFP would help demonstrate what potential impacts, if any, today's fleet may have if some of the current gear, area, and time regulations are modified from what is currently in regulation.

    Therefore, NMFS is proposing to approve a 2018 trawl gear EFP, covering all the exemptions stated above following the conclusion of the public comment period, review of public comment, and completion of an analysis of the potential impacts. Pending approval, NMFS would issue the permits for the EFP to the vessel owner or designated representative as the “EFP holder.” NMFS intends to use an adaptive management approach in which NMFS may revise requirements and protocols to improve the program without issuing another Federal Register Notice, provided that the modifications fall within the scope of the original EFP. In addition, the applicants may request minor modifications and extensions to the EFP throughout the course of research. EFP modifications and extensions may be granted without further public notice if they are determined essential to facilitate completion of the proposed research and result in only a minimal change in the scope or impacts of the initially approved EFP request.

    In accordance with NAO Administrative Order 216-6, a Categorical Exclusion or other appropriate National Environmental Policy Act document would be completed prior to the issuance of any permits under this EFP. After publication of this document in the Federal Register, the EFP, if approved by NMFS, may be implemented following the public comment period. NMFS would consider comments submitted, as well as the Council's discussion at their September 2017 Council meeting, in deciding whether to approve the application as requested. NMFS may approve the application in its entirety or may make any alterations needed to achieve the goals of the EFP.

    Authority:

    16 U.S.C. 1801 et seq., 16 U.S.C. 773 et seq., and 16 U.S.C. 7001 et seq.

    Dated: November 9, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-24716 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF811 Endangered and Threatened Species; Take of Anadromous Fish AGENCY:

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

    ACTION:

    Applications for four new scientific research permits, two permit modifications, and eight permit renewals.

    SUMMARY:

    Notice is hereby given that NMFS has received 14 scientific research permit application requests relating to Pacific salmon, steelhead, eulachon, and green sturgeon. The proposed research is intended to increase knowledge of species listed under the Endangered Species Act (ESA) and to help guide management and conservation efforts. The applications may be viewed online at https://apps.nmfs.noaa.gov/preview/preview_open_for_comment.cfm.

    DATES:

    Comments or requests for a public hearing on the applications must be received at the appropriate address or fax number (see ADDRESSES) no later than 5 p.m. Pacific standard time on December 15, 2017.

    ADDRESSES:

    Written comments on the applications should be sent to the Protected Resources Division, NMFS, 1201 NE Lloyd Blvd., Suite 1100, Portland, OR 97232-1274. Comments may also be sent via fax to 503-230-5441 or by email to [email protected] (include the permit number in the subject line of the fax or email).

    FOR FURTHER INFORMATION CONTACT:

    Rob Clapp, Portland, OR (Tel: 503-231-2314, Fax: 503-230-5441, email: [email protected]). Permit application instructions are available from the address above, or online at https://apps.nmfs.noaa.gov.

    SUPPLEMENTARY INFORMATION:

    Species Covered in This Notice

    The following listed species are covered in this notice:

    Chinook salmon (Oncorhynchus tshawytscha): Threatened Lower Columbia River (LCR); threatened Puget Sound (PS); threatened Snake River (SR) spring/summer-run; threatened Snake River (SR) fall-run; endangered Upper Columbia River (UCR) spring-run; threatened Upper Willamette River (UWR).

    Steelhead (O. mykiss): Threatened LCR; threatened Middle Columbia River (MCR); threatened PS; threatened SR; threatened UCR; threatened UWR.

    Chum salmon (O. keta): Threatened Hood Canal Summer-run (HCS); threatened Columbia River (CR).

    Coho salmon (O. kisutch): Threatened LCR; threatened Oregon Coast (OC) coho.

    Sockeye salmon (O. nerka): Threatened Ozette Lake (OL); endangered SR.

    Eulachon (Thaleichthys pacificus): Threatened Southern (S).

    Green sturgeon (Acipenser medirostris): Threatened Southern (S).

    Authority

    Scientific research permits are issued in accordance with section 10(a)(1)(A) of the ESA (16 U.S.C. 1531 et seq.) and regulations governing listed fish and wildlife permits (50 CFR 222-226). NMFS issues permits based on findings that such permits: (1) Are applied for in good faith; (2) if granted and exercised, would not operate to the disadvantage of the listed species that are the subject of the permit; and (3) are consistent with the purposes and policy of section 2 of the ESA. The authority to take listed species is subject to conditions set forth in the permits.

    Anyone requesting a hearing on an application listed in this notice should set out the specific reasons why a hearing on that application would be appropriate (see ADDRESSES). Such hearings are held at the discretion of the Assistant Administrator for Fisheries, NMFS.

    Applications Received Permit 10020-5R

    The City of Bellingham (COB) is seeking to renew, for five years, a research permit that currently allows them to take juvenile and adult PS Chinook salmon and PS steelhead in Cemetery, Padden, Silver, and Squalicum creeks in Bellingham, WA. The purpose of the COB study is to assess the effectiveness of habitat restoration activities within the City of Bellingham by documenting population trends for salmonids inhabiting these urban creeks. These restoration actions include native riparian and upland plantings, large woody debris and gravel augmentation, re-routing and re-structuring of degraded stream channel, and floodplain re-connection. This research would benefit the affected species by informing future restoration designs, providing data to support future enhancement projects, and helping managers assess salmonid population status in these urban systems. The COB proposes to capture fish using a smolt trap (V-shaped channel-spanning weirs with live boxes) in only one of the aforementioned streams annually. Captured fish would be anesthetized, identified to species, measured, have a tissue sample taken (to determine their origin), and allowed to recover in cool, aerated water before being released back to the stream. The researchers do not intend to kill any listed fish, but some may die as an inadvertent result of the research.

    Permit 16069-3M

    The City of Portland is seeking to modify a permit that currently authorizes them to take juvenile and adult MCR steelhead, UCR spring Chinook salmon, UCR steelhead, SR spring/summer-run Chinook salmon, SR fall-run Chinook salmon, SR steelhead, SR sockeye salmon, LCR Chinook salmon, LCR coho salmon, LCR steelhead, CR chum salmon, UWR Chinook salmon, UWR steelhead, OC coho salmon, and S green sturgeon in the Columbia and Willamette rivers and tributaries (Oregon). The research may also cause them to take adult S eulachon—a species for which there are currently no ESA take prohibitions. The permit modification would not change the methods or scope of the ongoing research, except to increase the number of incidental mortalities authorized for juvenile UWR steelhead from one to five juvenile fish annually. This research is part of the Portland Watershed Management Plan, which aims to improve watershed health in the Portland area. In this program, researchers sample 37 sites annually across all Portland watersheds for hydrology, habitat, water chemistry, and biological communities. The research would benefit listed salmonids by providing information to assess watershed health, status of critical habitat, effectiveness of watershed restoration actions, and compliance with regulatory requirements. The City of Portland proposes to capture juvenile fish using backpack and boat electrofishing, hold fish in a bucket of aerated water, take caudal fin clips for genetic analysis, and release fish at a point near their capture site that would be chosen to minimize the likelihood of recapture. The researchers would avoid contact with adult fish. The researchers do not propose to kill any fish but a small number may die as an unintended result of the activities.

    Permit 16303-2R

    The United States Geological Survey (USGS) is seeking to renew, for five years, a research permit that currently allows them to take adult PS/GB bocaccio, juvenile HCS chum salmon and PS steelhead, and juvenile and adult PS Chinook salmon throughout the marine waters of Puget Sound, Hood Canal, and the Strait of Juan de Fuca (Washington State). The USGS research may also cause them to take adult S eulachon and PS/GB yelloweye rockfish—species for which there are currently no ESA take prohibitions. The purpose of the USGS study is to examine salmonid stage-specific growth, bioenergetics, competition, and predation during the critical early marine growth period. Additionally, unlisted salmonid species, herring, and other forage fish species would be studied. This research would benefit the affected species by quantifying key factors limiting Chinook survival and production. The USGS proposes capturing fish by mid-water trawl, hook and line (micro trolling), beach seine, and purse seine. The mid-water trawling would be conducted by Canadian Department of Fisheries and Oceans (CDFO) research vessels using a mid-water rope trawl during daylight at various depths and velocities and would be coordinated with surveys in Canadian waters. For the mid-water trawls, the fish would be identified to species, weighed, measured for length, tissue-sampled (fin clip and scales), and checked for coded wire tags (CWTs). Viable sub-adult/adult salmon and rockfish would be released. Listed rockfish would be released via rapid submergence to their capture depth to reduce the effects from barotrauma, and sub-adult/adult salmonids would be released at the surface. Juvenile salmonids that suffer lethal injuries due to crushing and descaling would be further sampled for CWTs, scales, fins, stomach contents, and otoliths. For the other capture methods, the fish would be anesthetized, identified to species, checked for CWTs, measured to length, gastric lavaged, tissue-sampled (fin clip and scales), and released. For the seining, all juvenile, hatchery-origin, CWT fish would be intentionally sacrificed to determine their origins. The researchers do not propose to kill any other captured fish, but some may die as an unintended result of the activities.

    Permit 17258-2R

    The Washington State Department of Natural Resources (WDNR) is seeking to renew, for five years, a research permit that currently allows them to take juvenile PS Chinook salmon, HCS chum salmon, PS steelhead, and OL sockeye salmon throughout the streams of Clallam, Jefferson, and Grays Harbor counties in western Washington State. The purpose of the WDNR study is to determine potential fish presence or absence in streams located on WDNR-managed lands in order to support a region-wide program of road maintenance and abandonment. This research would benefit the affected species by determining which streams with road-related passage barriers contain listed fish and, thus, allow WDNR to focus its resources on road improvements that would best help those species. The WDNR proposes to capture fish using backpack electrofishing equipment and minnow traps. Captured fish would be netted, identified to species, and released. In most cases, the stream survey would terminate when one listed fish is located. The researchers do not intend to kill any listed fish, but some may die as an inadvertent result of the research.

    Permit 17798-2R

    The Northwest Fisheries Science Center (NWFSC) is seeking to renew, for five years, a research permit that currently allows them to take juvenile PS Chinook salmon and PS steelhead. The NWFSC research may also cause them to take adult S eulachon—a species for which there are currently no ESA take prohibitions. Study locations include several bays and estuaries in the Puget Sound that receive effluent from municipal wastewater plants and industrial contaminant sources. The purpose of the NWFSC study is to assess the bioaccumulation and toxic effects of Chemicals of Emerging Concern (CECs) in Chinook salmon. Whole genome and molecular analyses of Chinook salmon would be conducted on various tissues, which would allow for identification of gene pathways and robust mechanism-based diagnostic indices for CEC toxicity. This research would benefit the listed species by identifying degraded estuaries, studying how CECs affect Chinook salmon, and providing information that can be used to mitigate and improve listed species habitat. The NWFSC proposes to capture fish using beach seines. Sampling would occur at seven locations up to two times annually. For each sample event, 40 juvenile Chinook salmon would be euthanized for whole body analysis. The researchers would prioritize using adipose-fin-clipped hatchery fish and unintentional mortalities over natural-origin fish. Excess Chinook salmon (and all other species) would be released immediately after capture. The researchers do not propose to kill any of the listed steelhead or eulachon being captured, but some may die as an unintended result of the activities.

    Permit 17839-2R

    The U.S. Forest Service (USFS) is seeking to renew, for five years, a research permit that currently allows them to take juvenile PS Chinook salmon and PS steelhead in the Nooksack, Sauk, Skagit, and Stillaguamish River drainages of western Washington. The purpose of the USFS study is to expand distributional knowledge of the Salish sucker (Catostomus sp. cf. catostomus), a species listed as endangered in Canada since 2005 by the Species At Risk Act (SARA). Tissue samples would also be collected from captured Salish suckers for genetic analysis to determine their genetic separation from the longnose sucker (Catostomus catostomus)—a species that they are considered to be diverging from. The research would benefit the listed species by providing information on their distribution. The main benefactor of this research is the Salish sucker whose status is not well understood in the United States. The USFS proposes to capture fish using minnow and Feddes traps. Captured salmonids would be identified to species, checked for an adipose fin clip, and immediately released downstream. The researchers do not intend to kill any listed fish, but some may die as an inadvertent result of the research.

    Permit 17851-3R

    The Coastal Watershed Institute (CWI) is seeking to renew, for five years, a research permit that currently allows them to take juvenile PS Chinook salmon, HCS chum salmon, and PS steelhead in the Elwha River estuary (Washington State). The CWI research may also cause them to take adult S eulachon—a species for which there are currently no ESA take prohibitions. The purpose of the CWI study is to research the nearshore restoration response to the Elwha River dam removals with an emphasis on ecological function of nearshore habitats for juvenile salmon and forage fish. The research would benefit listed species by providing a long-term continuous dataset on how salmonids use local nearshore areas after the dam removals on the Elwha River. This study provides information on how watersheds and fish populations recover after dam removals. The CWI proposes to capture fish using a beach seine. Captured fish would be identified to their lowest taxonomic level. At each sampling event, twenty individuals from each species would be measured and released. Salmonids would be scanned for fin clips and tags. The researchers do not propose to kill any listed fish being captured, but some may die as an inadvertent result of the research.

    Permit 18001-3R

    The Pierce County Department of Public Works and Utilities (PCDPWU) is seeking to renew, for five years, a research permit that currently allows them to take juvenile PS Chinook salmon and PS steelhead in the waterways of Pierce County, Washington. The purpose of the PCDPWU study is to determine the distribution and diversity of anadromous fish species in the waterbodies adjacent to and within the county's levee system. The surveys would help establish listed salmonid presence in waterbodies—information that would be used to assess the impacts proposed projects might have on listed species. The PCDPWU proposes to capture fish using seines, dip netting, minnow traps, fyke nets, hook and line, and backpack electrofishing. Electrofishing would largely be “spotshocking” for presence and absence and would not typically cover broad, continuous areas. Captured fish would be identified, measured, and then released at or near their capture site. Fish would not be removed from the water unless absolutely necessary. The researchers do not intend to kill any listed fish, but some may die as an inadvertent result of the research.

    Permit 20313

    The NWFSC is seeking a two-year research permit to annually take adult PS/GB bocaccio and sub-adult PS Chinook salmon in the Puget Sound near the San Juan Islands (Washington state). The NWFSC research may also cause them to take adult PS/GB yelloweye rockfish—a species for which there are currently no ESA take prohibitions. The purpose of the NWFSC study is to assess the role Chinook salmon residency plays in salmon recovery—including growth, movement patterns, and population structure. This research would benefit the affected species by giving managers information on which populations contribute to the resident PS Chinook salmon population in the San Juan Islands and heling determine the relationship between the Chinook resident life-history type and overall marine survival. These efforts would serve as the foundation for evaluating the relative contribution residents make to the broader ESU—and thereby help managers understand how this behavior type can help salmon recovery. The NWFSC proposes to capture fish using hook and line angling equipment. Captured salmon would be scanned for CWT, measured for length, tissue-sampled (scales and fin clips), and released. Hatchery-origin Chinook salmon would also be anesthetized and gastric lavaged. Fifty adipose-clipped, hatchery-origin subadult Chinook salmon would be intentionally sacrificed annually to obtain otolith samples movement patterns and early growth history may be analyzed. Listed rockfish would be released immediately via rapid submergence to their capture depth to reduce the effects from barotrauma. The researchers do not propose to kill any other captured fish, but some may die as an unintended result of the activities.

    Permit 20451-2R

    The University of Washington (UW) is seeking to renew, for five years, a research permit that currently allows them to take juvenile and adult OL sockeye salmon in Lake Ozette (northwest Washington State). The purpose of the UW study is to investigate the interactions of native predators (i.e., northern pikeminnow, sculpin) and non-native predators (i.e., largemouth bass, yellow perch) with Olympic mudminnow (Novumbra hubbsi), a state sensitive species. The research would benefit the listed species because OL sockeye salmon are similarly threatened by the same predators. The UW proposes to capture fish using minnow traps, hoop nets, gill nets, trammel nets, and hook and line. For OL sockeye salmon, captured fish would be handled and immediately released. After the listed fish are released, the remaining fish would be anesthetized, fin clipped, gastric lavaged, and released. The researchers do not intend to kill any listed fish, but some may die as an inadvertent result of the research.

    Permit 20492-2M

    The Oregon Department of Fish and Wildlife (ODFW) is seeking to modify a permit that currently authorizes research in lake, river, backwater, slough, and estuary habitats in the Willamette and Columbia basins (Oregon) and on the Oregon coast. The permit would cover the following projects for four years: (1) Warmwater and Recreational Game Fish Management, (2) District Fish Population Sampling in the Upper Willamette Basin, and (3) Salmonid Assessment and Monitoring in the Deschutes River. These studies provide information on fish population structure, abundance, genetics, disease occurrences, and species interactions, and is used to direct management actions to benefit listed species. The permit modification would not change the methods or scope of the ongoing research, except to add take of juvenile and adult UWR Chinook and UWR steelhead at new research sites in the Tualatin and Yamhill Rivers. The modified permit would authorize take of juvenile UCR spring-run Chinook salmon, UCR steelhead, SR spring/summer-run Chinook salmon, SR fall-run Chinook salmon, SR Basin steelhead, SR sockeye salmon, MCR steelhead, LCR Chinook salmon, LCR coho salmon, LCR steelhead, CR chum salmon, and OC coho salmon; juvenile and adult UWR Chinook salmon and UWR steelhead; and adult S green sturgeon. The ODFW research may also take adult S eulachon—a species for which there are currently no ESA take prohibitions. Researchers would sample fish using boat electrofishing. A subset of captured juveniles would be anesthetized, weighed and measured, allowed to recover, and then released. Most juveniles and all adults would be allowed to swim away after being electroshocked, or they would be netted and released immediately. The ODFW does not intend to kill any of the fish being captured, but a small number may die as an unintended result of the activities.

    Permit 20713

    The NWFSC is seeking a two-year permit that would allow them to take juvenile LCR Chinook salmon, SR fall-run Chinook salmon, SR spring/summer-run Chinook salmon, UCR spring-run Chinook salmon, UWR Chinook salmon, CR chum salmon, LCR coho salmon, SR sockeye salmon, LCR steelhead, MCR steelhead, SR Basin steelhead, UCR steelhead, UWR steelhead, and S green sturgeon. The research may also cause them to take adult S eulachon—a species for which there are currently no ESA take prohibitions. The purpose of the study is to measure contaminant levels in juvenile UWR Chinook salmon in the lower Willamette River (Oregon) near a Superfund site with high levels of pollutants and to evaluate associations between toxins in fish tissues and fish growth and immune response. Study results would support an ongoing Natural Resource Damage Assessment. In addition, the data would be used in Chinook salmon life cycle models to compare how chemical pollution affects UWR Chinook salmon populations relative to other stressors.

    The researchers propose to collect fish with beach seines at sites in the lower 20 miles of the Willamette River. The researchers hope to complete all sampling between March and June 2018, but fieldwork could extend to other months and to 2019 if sample size targets are not met in the initial timeframe. The researchers propose to hold fish in buckets, identify and count fish, check fish for passive integrated transponder and coded wire tags, and then immediately release any fish that is not a juvenile Chinook salmon with an intact adipose fin. The researchers propose using a lethal dose of MS-222 to kill natural-origin juvenile Chinook salmon that are between 50 and 80 mm in fork length. The target ESU for contaminant analysis is UWR Chinook, but juvenile Chinook salmon from other ESUs in the Columbia River basin could also be killed because juveniles from different ESUs cannot be distinguished visually. Fish that are killed would be frozen individually and later identified to ESU using genetic analysis. The researchers would pool UWR Chinook specimens into composite samples for toxicological analysis and would use scales and otoliths for analysis of age and growth. Specimens that are identified through genetic analysis to an ESU other than the UWR Chinook ESU would be saved and offered for use in other studies pending NMFS approval.

    The NWFSC researchers used information from past studies to estimate the number of fish needed to obtain enough tissues for statistically robust sample sizes, and to estimate expected mortality rates of fish from non-target ESUs. Based on this information, the NWFSC proposes to intentionally kill up to: 201 natural-origin and 9 hatchery-origin (intact adipose fin) juvenile UWR Chinook salmon; 119 natural-origin and 5 hatchery-origin (intact adipose fin) juvenile LCR Chinook salmon; 4 natural-origin juvenile SR fall-run Chinook salmon; 2 natural-origin juvenile SR spring/summer-run Chinook salmon; and 5 natural-origin juvenile UCR spring-run Chinook salmon. Any Chinook salmon unintentionally killed during the research would be used in lieu of a fish that would otherwise be sacrificed. The NWFSC does not intend to kill any fish that is not a juvenile Chinook salmon, but a small number of individuals from other species may die as an unintended result of the research activities.

    Permit 21432

    Cramer Fish Sciences is seeking a research permit, for two years, that would allow them to take juvenile LCR Chinook, LCR coho, LCR steelhead, and MCR steelhead in the Klickitat, Wind, and White Salmon River subbasins (Washington). The purpose of the research is to determine fish occupancy in stream reaches in lands owned by SDS Lumber Company. Cramer Fish Sciences proposes to capture fish using single-pass backpack electrofishing, identify fish while they are held briefly in hand-held dip nets, and return fish to the stream. The researchers would compare results of the electrofishing surveys with environmental DNA (eDNA) studies done in the same stream reaches, which would provide information on the utility of eDNA analysis for determining fish occupancy. The research would benefit listed fish by affording them protections if they are found in streams that previously were assessed as non-fish bearing. The researchers do not propose to kill any fish but a small number may die as an unintended result of research activities.

    Permit 21507

    Mount Hood Environmental is seeking a research permit, for three years, that would allow them to take juvenile and adult UWR steelhead and UWR Chinook in the Tualatin River (Oregon). The purpose of the research is to determine if salmonids and lamprey are present in the intake channel from the Tualatin River to the Spring Hill Pumping Plant and if these fish are likely to be entrained in the intake. The study would benefit listed fish by providing information to manage and mitigate for potential entrainment of these fish during early life-stages. The researchers propose to work in the intake channel, where they would measure water temperature and velocity, capture fish by seining, trapping, and boat-electrofishing, hold fish in aerated buckets, identify them, and then release them back to the channel. The researchers do not propose to kill any fish but a small number may die as an unintended result of research activities.

    This notice is provided pursuant to section 10(c) of the ESA. NMFS will evaluate the applications, associated documents, and comments submitted to determine whether the applications meet the requirements of section 10(a) of the ESA and Federal regulations. The final permit decisions will not be made until after the end of the 30-day comment period. NMFS will publish notice of its final action in the Federal Register.

    Dated: November 8, 2017. Angela Somma, Chief, Endangered Species Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-24690 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF728 Determination of Overfishing or an Overfished Condition AGENCY:

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

    ACTION:

    Notice.

    SUMMARY:

    This action serves as a notice that NMFS, on behalf of the Secretary of Commerce (Secretary), has found that the following stocks are subject to overfishing or approaching an overfished condition. The Stillaguamish coho salmon stock in Puget Sound is now subject to overfishing. The Klamath River fall Chinook salmon stock on the Northern California coast, the Queets coho salmon stock on the Washington coast, and the Skagit coho salmon stock in Puget Sound are all approaching an overfished condition. The Puerto Rico spiny lobster stock and the Puerto Rico Triggerfishes and Filefishes Complex are both still subject to overfishing. NMFS, on behalf of the Secretary, notifies the appropriate fishery management council (Council) whenever it determines that overfishing is occurring, a stock is in an overfished condition or a stock is approaching an overfished condition.

    FOR FURTHER INFORMATION CONTACT:

    Regina Spallone, (301) 427-8568.

    SUPPLEMENTARY INFORMATION:

    Pursuant to section 304(e)(2) of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), 16 U.S.C. 1854(e)(2), NMFS, on behalf of the Secretary, must notify Councils, and publish in the Federal Register, whenever it determines that a stock or stock complex is subject to overfishing, overfished, or approaching an overfished condition.

    NMFS has determined that the Stillaguamish coho salmon stock in Puget Sound is now subject to overfishing, as the current estimate of fishing mortality (F) exceeds its maximum fishing mortality threshold (MFMT). This determination is based on a 2017 assessment—using data from 2015—produced by the Pacific Fishery Management Council's (Pacific Council) Salmon Technical Team (STT). The Pacific Council manages this stock. Since this stock migrates north, it is also managed under the Pacific Salmon Treaty (Treaty), a bilateral agreement to facilitate management of certain salmon stocks between the United States and Canada. The Pacific Salmon Commission (Commission) implements this Treaty. NMFS has informed the Pacific Council of this determination and that, if exceedance of MFMT for Stillaguamish coho continues, the Council may consider taking further action, consistent with the provisions of the FMP. Due to the international management of this stock, the Pacific Council has limited ability to control ocean fisheries in waters outside their jurisdiction.

    NMFS has determined that the Klamath River fall Chinook salmon stock on the Northern California coast, the Queets coho salmon stock on the Washington coast, and the Skagit coho salmon stock in Puget Sound are all approaching an overfished condition. These determinations are made when the 3-year geometric mean of each stock's two most recent postseason estimates of spawning escapement and the current preseason forecast of spawning escapement is below the stock's minimum stock size threshold (MSST). The determination for Chinook is based on a 2017 assessment—using data from 2015-2017—produced by the Pacific Council's STT using methodologies that have been reviewed by the Pacific Council's Science and Statistical Committee. The determinations for the two coho stocks are based on a 2017 assessment—using data from 2014-2015, 2017—produced by the Commission's Coho Technical Committee. NMFS informed the Pacific Council that if any of these stocks become overfished, they must direct the STT to prepare a rebuilding plan within one year. Due to the international management of the coho stocks, the Pacific Council has limited ability to control ocean fisheries in waters outside their jurisdiction.

    NMFS has determined that Puerto Rico spiny lobster and the Puerto Rico Triggerfishes and Filefishes Complex are both still subject to overfishing because the 2015 landings exceeded the overfishing limits (OFLs). NMFS is working with the Caribbean Fishery Management Council to implement conservation and management measures to end overfishing on this stock and stock complex.

    Dated: November 8, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-24686 Filed 11-14-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE United States Patent and Trademark Office Patent and Trademark Financial Transactions ACTION:

    Proposed collection; comment request.

    SUMMARY:

    The United States Patent and Trademark Office (USPTO), as required by the Paperwork Reduction Act of 1995, invites comments on a proposed extension of an existing information collection.

    DATES:

    Written comments must be submitted on or before January 16, 2018.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Email: [email protected] Include “0651-0043 comment” in the subject line of the message.

    Federal Rulemaking Portal: http://www.regulations.gov.

    Mail: Marcie Lovett, Records and Information Governance Division Director, Office of the Chief Technology Officer, United States Patent and Trademark Office, P.O. Box 1450, Alexandria, VA 22313-1450.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information should be directed to Matthew Lee, Office of Finance by email to [email protected] with “0651-0043 comment” in the subject line. Additional information about this collection is also available at http://www.reginfo.gov under “Information Collection Review.”

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    Customers may submit payments to the USPTO by several methods, including credit card, deposit account, electronic funds transfer (EFT), and paper check transactions. The provisions of 35 U.S.C. 41 and 15 U.S.C. 1113 are implemented in 37 CFR 1.16-1.28, 2.6-2.7, and 2.206-2.209. Under 35 U.S.C. 41 and 15 U.S.C. 1113, the United States Patent and Trademark Office (USPTO) charges processing fees in the form of service charges related to deposit accounts and payments refused.

    This information collection includes the Credit Card Payment Form (PTO-2038), which provides the public with a convenient way to submit a credit card payment for fees related to a patent, trademark, or information product. Customers may also submit credit card payments via the USPTO Payment Page when using online systems through the USPTO Web site for paying fees related to patents, trademarks, or information products.

    Customers may establish a deposit account for making fee payments online using Financial Manager at the USPTO Web site. Deposit accounts eliminate the need to submit a check, credit card, or other form of payment for each fee transaction with the USPTO. Additionally, in the event that a fee amount due is miscalculated, customers may authorize the USPTO to charge any remaining balance to the deposit account and therefore avoid the potential consequences of underpayment. As customers use their deposit accounts to make payments, they may deposit funds to replenish their accounts by mailing a check to the USPTO, sending funds via wire transfer, or making a deposit online via EFT using Financial Manager at the USPTO Web site. Replenishments may not be made by credit card. Customers may close or withdraw funds from their deposit accounts online using Financial Manager at the USPTO Web site.

    In addition to credit cards and deposit accounts, customers may also use EFT to make online fee payments to the USPTO. Customers must first establish a user profile and submit their banking information online through Financial Manager at the USPTO Web site.

    Under 37 CFR 1.26 and 2.209, the USPTO may refund fees paid by mistake or in excess of the required amount. For refund requests customers may submit a written request to the Refund Branch of the USPTO Office of Finance.

    The USPTO deployed the Financial Manager system allowing customers to add, manage, and report on payment methods in their online user profiles at the USPTO Web site. After establishing a USPTO.gov account username and password, customers may add their credit card, deposit account, and EFT information to their account using the Financial Manager web interface. Customers may then manage and report on these stored payment methods online. The stored payment methods may be used when the customer conducts transactions with the USPTO.

    II. Method of Collection

    By mail, facsimile, hand delivery, or electronically to the USPTO.

    III. Data

    OMB Number: 0651-0043.

    IC Instruments and Forms: PTO-2038.

    Type of Review: Extension of a Previously Existing Information Collection.

    Affected Public: Individuals or households; businesses or other for-profits; and not-for-profit institutions.

    Estimated Number of Respondents: 118,796 responses per year.

    Estimated Time per Response: The USPTO estimates that it will take the public approximately two to seven minutes (0.03 to 0.12 hours) to gather the necessary information, prepare the appropriate form or document, and submit the items in this collection to the USPTO.

    Estimated Total Annual Respondent Burden Hours: 4,395.83 hours.

    Estimated Total Annual Respondent (Hourly) Cost Burden: $293,993.33. The USPTO expects that 75% of the submission in this this collection will be prepared by financial administrators and that 25% will be prepared by paraprofessionals/paralegals. The mean hourly rate for financial administrator is $40.84 according to the Bureau of Labor Statistics' Occupational Employment Statistics program (OES 15-1141). The mean hourly rate for paralegals is $145 according to the 2016 compensation survey by the National Association of Legal Assistants. Using those proportions and the estimated rates of $40.84 per hour for financial administrators and $145 per hour for paraprofessionals, the USPTO estimates that the average rate for all respondents will be approximately $66.88 per hour. Therefore, the USPTO estimates that the respondent cost burden for submitting the information in this collection will be approximately $293,993.33 per year.

    IC No. Item Estimated time for
  • response
  • (minutes)
  • Estimated annual
  • responses
  • Estimated annual burden hours Rate
  • ($/hr)
  • Total hourly cost burden
    (a) (b) (a) × (b)/60 = (c) (d) (c) × (d) = (e) 1 Credit Card Payment Form
  • (PTO-2038)
  • 2 87,874 2,929.13 66.88 $195,900.44
    2 Deposit Account Replenishment 2 20,843 694.77 66.88 46,465.99 3 Refund Request 4 8,079 538.60 66.88 36,021.57 4 Financial Manager Stored Payment Methods 7 2,000 233.33 66.88 15,605.33 Total 118,796 4,395.83 293,993.33

    Estimated Total Annual (Non-hour) Respondent Cost Burden: $112,725.00. There are no capital start-up, maintenance, or recordkeeping costs associated with this information collection. However, this collection does have annual (non-hour) cost burden in the form of service fees associated with deposit accounts and returned payments as well as postage costs. In addition to the fee information discussed here, information about the deposit account rules is available through the USPTO Web site at: https://www.uspto.gov/learning-and-resources/fees-and-payment/deposit-account-rules-and-information

    There are service fees for not maintaining the minimum balance required for the deposit account and for returned payments. There is a $25 service charge for deposit accounts that are below the minimum balance at the end of the month. The USPTO estimates that it assesses 3,600 of these low balance charges annually, for a total of $90,000 per year. There is also a $50 service charge for processing a payment refused (including a check returned “unpaid”) or charged back by a financial institution. The USPTO estimates that it assesses 128 of these returned payment charges annually, for a total of $6,400 per year. The total estimated service fees for this collection are $96,400 per year.

    Customers may incur postage costs when submitting the Credit Card Payment Form and other paper forms or requests to the USPTO by mail. Customers generally send the Credit Card Payment Form to the USPTO along with other documents related to the fee or service being paid for by credit card, but some customers may submit just the Credit Card Payment Form without additional supporting documents. The USPTO estimates that roughly 5 percent of the 87,874 paper Credit Card Payment Forms submitted annually may be mailed in; approximately 4,394 per year. The USPTO estimates that it will receive an additional 28,922 mailed submissions per year, including Deposit Account Replenishments and Refund Requests, for a total of 33,316 mailed submissions per year. The USPTO estimates that the first-class postage cost for a mailed submission will be $0.49, for a total postage cost of approximately $16,324.84 per year.

    The total annual (non-hour) respondent cost burden for this collection in the form of service fees and postage costs is estimated to be approximately $112,724.84 per year.

    IV. Request for Comments

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

    Comments are invited on:

    (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

    (b) The accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information;

    (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and

    (d) Ways to minimize the burden of the collection of information on respondents, e.g., the use of automated collection techniques or other forms of information technology.

    Ivan King, Acting Director, Records and Information Governance Division, Office of the Chief Information Officer.
    [FR Doc. 2017-24693 Filed 11-14-17; 8:45 am] BILLING CODE 3510-16-P
    COMMODITY FUTURES TRADING COMMISSION Agency Information Collection Activities Under OMB Review AGENCY:

    Commodity Futures Trading Commission.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995 (PRA), this notice announces that the Information Collection Request (ICR) abstracted below has been forwarded to the Office of Management and Budget (OMB) for review and comment. The ICR describes the nature of the information collection and its expected costs and burden.

    DATES:

    Comments must be submitted on or before December 15, 2017.

    ADDRESSES:

    Comments regarding the burden estimate or any other aspect of the information collection, including suggestions for reducing the burden, may be submitted directly to the Office of Information and Regulatory Affairs (OIRA) in OMB within 30 days of this notice's publication by either of the following methods. Please identify the comments by “OMB Control No. 3038-XXXX.”

    By email addressed to: [email protected] or

    By mail addressed to: The Office of Information and Regulatory Affairs, Office of Management and Budget, Attention Desk Officer for the Commodity Futures Trading Commission, 725 17th Street NW., Washington, DC 20503.

    A copy of all comments submitted to OIRA should be sent to the Commodity Futures Trading Commission (the “Commission”) by either of the following methods. The copies should refer to “OMB Control No. 3038-XXXX.”

    By mail addressed to: Christopher Kirkpatrick, Secretary of the Commission, Commodity Futures Trading Commission, Three Lafayette Centre, 1155 21st Street NW., Washington, DC 20581;

    • By Hand Delivery/Courier to the same address; or

    • Through the Commission's Web site at http://comments.cftc.gov. Please follow the instructions for submitting comments through the Web site.

    A copy of the supporting statements for the collection of information discussed herein may be obtained by visiting http://RegInfo.gov.

    All comments must be submitted in English, or if not, accompanied by an English translation. Comments will be posted as received to http://www.cftc.gov. You should submit only information that you wish to make available publicly. If you wish the Commission to consider information that you believe is exempt from disclosure under the Freedom of Information Act, a petition for confidential treatment of the exempt information may be submitted according to the procedures established in § 145.9 of the Commission's regulations.1 The Commission reserves the right, but shall have no obligation, to review, pre-screen, filter, redact, refuse or remove any or all of your submission from http://www.cftc.gov that it may deem to be inappropriate for publication, such as obscene language. All submissions that have been redacted or removed that contain comments on the merits of the ICR will be retained in the public comment file and will be considered as required under the Administrative Procedure Act and other applicable laws, and may be accessible under the Freedom of Information Act.

    1 17 CFR 145.9.

    FOR FURTHER INFORMATION CONTACT:

    Eugene Smith, Director, Office of Proceedings, Commodity Futures Trading Commission, (202) 418-5371; email: [email protected], and refer to OMB Control No. 3038-XXXX.

    SUPPLEMENTARY INFORMATION:

    Title: Reparations Complaint, CFTC Form 30 (OMB Control No. 3038-XXXX). This is a request for approval of a new information collection.

    Abstract: Pursuant to Section 14 of the Commodity Exchange Act, members of the public may apply to the Commission to seek damages against Commission registrants for alleged violations of the Act and/or Commission regulations. The legislative intent of the Reparations program was to provide a low-cost, speedy, and effective forum for the resolution of customer complaints and to sanction individuals and firms found to have violated the Act and/or any regulations.

    In 1984, the Commission promulgated Part 12 of the Commission regulations to administer Section 14. Rule 12.13 provides the standards and procedures for filing a Reparations complaint. Specifically, subparagraph (b) describes the form and content requirements of a complaint. CFTC Form 30 mirrors the requirements set forth in subparagraph (b).

    The Commission began utilizing Form 30 in or about 1984. The form was created to assist customers, who are typically pro se and non-lawyers. It was also designed as a way to provide proper notice to respondents of the charges against them. This form is critical to fulfilling this policy goal. Accordingly, the Commission is requesting an OMB control number to continue the use of Form 30.

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers for the CFTC's regulations were published on December 30, 1981. See 46 FR 63035 (Dec. 30, 1981). The Federal Register notice with a 60-day comment period soliciting comments on this collection of information was published on September 1, 2017 (82 FR 41614). The Commission did not receive any relevant comments on the 60-day notice.

    Burden Statement: The respondent burden for this collection is estimated to be as follows:

    Respondents/Affected Entities: Commodity futures customers.

    Estimated Number of Respondents: 15.

    Estimated Average Burden Hours per Respondent: 1.5.

    Estimated Total Annual Burden Hours: 22.5.

    Frequency of Collection: Once.

    There are no capital costs or operating and maintenance costs associated with this collection.

    (Authority: 44 U.S.C. 3501 et seq.) Dated: November 8, 2017. Robert N. Sidman, Deputy Secretary of the Commission. Note:

    The following appendix will not appear in the Code of Federal Regulations.

    Appendix to Agency Information Collection Activities Under OMB Review—CFTC Form 30 BILLING CODE 6351-01-P EN15NO17.080 EN15NO17.081
    [FR Doc. 2017-24683 Filed 11-14-17; 8:45 am] BILLING CODE 6351-01-C
    BUREAU OF CONSUMER FINANCIAL PROTECTION [Docket No. CFPB-2017-0039] Agency Information Collection Activities: Comment Request AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice and request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (PRA), the Bureau of Consumer Financial Protection (Bureau) is requesting approval for a new information collection, titled, “Web-Based Quantitative Testing of Point of Sale/ATM (POS/ATM) Overdraft Disclosure Forms”.

    DATES:

    Written comments are encouraged and must be received on or before January 16, 2018 to be assured of consideration.

    ADDRESSES:

    You may submit comments, identified by the title of the information collection, OMB Control Number (see below), and docket number (see above), by any of the following methods:

    Electronic: http://www.regulations.gov. Follow the instructions for submitting comments.

    Mail: Consumer Financial Protection Bureau (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552.

    Hand Delivery/Courier: Consumer Financial Protection Bureau (Attention: PRA Office), 1275 First Street NE., Washington, DC 20002.

    Please note that comments submitted after the comment period will not be accepted. In general, all comments received will become public records, including any personal information provided. Sensitive personal information, such as account numbers or Social Security numbers, should not be included.

    FOR FURTHER INFORMATION CONTACT:

    Documentation prepared in support of this information collection request is available at www.regulations.gov. Requests for additional information should be directed to the Consumer Financial Protection Bureau, (Attention: PRA Office), 1700 G Street NW., Washington, DC 20552, (202) 435-9575, or email: [email protected] Please do not submit comments to this mailbox.

    SUPPLEMENTARY INFORMATION:

    Title of Collection: Web-Based Quantitative Testing of Point of Sale/ATM (POS/ATM) Overdraft Disclosure Forms.

    OMB Control Number: 3170-XXXX.

    Type of Review: New Collection (Request for a New OMB Control Number).

    Affected Public: Individuals or households.

    Estimated Number of Respondents: 8,000.

    Estimated Total Annual Burden Hours: 2,000.

    Abstract: The Bureau seeks approval from the Office of Management and Budget (“OMB”) to conduct online testing of ATM/debit card overdraft disclosures with 8,000 individuals. This study is being undertaken under the Bureau's authority under Title X of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”), Public Law 111-203 and the Electronic Fund Transfer Act (EFTA), Public Law 95-630. The testing will explore consumer comprehension and decision-making in response to overdraft disclosure forms. It will also explore financial product usage, behavioral traits, and other consumer characteristics that may interact with a consumer's experiences with overdraft programs and related disclosure forms. The testing will be conducted with a sample of U.S. adults, with oversampling of respondents who have previously reported experience with overdraft fees.

    Request for Comments: Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the Bureau, including whether the information will have practical utility; (b) The accuracy of the Bureau's estimate of the burden of the collection of information, including the validity of the methods and the assumptions used; (c) Ways to enhance the quality, utility, and clarity of the information to be collected; and (d) Ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record.

    Dated: November 8, 2017. Darrin A. King, Paperwork Reduction Act Officer, Bureau of Consumer Financial Protection.
    [FR Doc. 2017-24699 Filed 11-14-17; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF EDUCATION Meeting of the Historically Black Colleges and Universities Capital Financing Advisory Board AGENCY:

    Historically Black Colleges and Universities Capital Financing Board, Office of Postsecondary Education, U.S. Department of Education.

    ACTION:

    Announcement of an open meeting.

    SUMMARY:

    This notice sets forth the agenda, time, and location of an upcoming open meeting of the Historically Black Colleges and Universities Capital Financing Advisory Board (Board). Notice of this meeting is required by Section 10(a)(2) of the Federal Advisory Committee Act and is intended to notify the public of the opportunity to attend.

    DATES:

    The Board meeting will be held on Saturday, December 2, 2017, 4:30 p.m.-7:30 p.m., Central Time, in White Rock Rooms 1-2, Level 5, Omni Hotel, 555 S. Lamar St., Dallas, TX 75202.

    FOR FURTHER INFORMATION CONTACT:

    Adam H. Kissel, Deputy Assistant Secretary for Higher Education Programs and the Designated Federal Official for the Board, U.S. Department of Education, 400 Maryland Avenue SW., Washington, DC 20202; telephone: (202) 453-6808; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Historically Black Colleges and Universities Capital Financing Advisory Board's Statutory Authority and Function: The Historically Black Colleges and Universities Capital Financing Advisory Board (Board) is authorized by Title III, Part D, Section 347 of the Higher Education Act of 1965, as amended in 1998 (20 U.S.C. 1066f). The Board is established within the Department of Education to provide advice and counsel to the Secretary and the designated bonding authority as to the most effective and efficient means of implementing construction financing on historically black college and university campuses and to advise Congress regarding the progress made in implementing the Historically Black Colleges and Universities Capital Financing Program (Program). Specifically, the Board will provide advice as to the capital needs of Historically Black Colleges and Universities, how those needs can be met through the Program, and what additional steps might be taken to improve the operation and implementation of the Program.

    Meeting Agenda: The purpose of this meeting is to update the Board on current program activities, set future meeting dates, enable the Board to make recommendations to the Secretary on the current capital needs of Historically Black Colleges and Universities, and discuss recommendations regarding how the Board might increase its effectiveness.

    There will be an opportunity for public comment regarding the Board's activities on Saturday, December 2, 2017, 6:45 p.m.-7:15 p.m. Please be advised that comments cannot exceed five (5) minutes. Members of the public interested in submitting written comments may do so by submitting comments to the attention of Adam H. Kissel, 400 Maryland Avenue SW., Washington, DC, 20202. Comments must be postmarked no later than Saturday, November 25, 2017, to be considered for discussion during the meeting. Comments should pertain to the work of the Board or the Program.

    Access to Records of the Meeting: The official verbatim transcripts of the Board's public meeting will be made available for public inspection no later than 60 calendar days following a meeting.

    Pursuant to the FACA, 5 U.S.C. App. as amended, Section 10(b), the public may also inspect meeting materials at http://www2.ed.gov/about/bdscomm/list/hbcu-finance.html.

    Reasonable Accommodations: The meeting site is accessible to individuals with disabilities. If you will need an auxiliary aid or service to participate in the meeting (e.g., interpreting service, assistive listening device, or materials in an alternate format), notify the contact person listed in this notice at least two weeks before the scheduled meeting date. We will attempt to meet a request received after that date, though, we may not be able to make available the requested auxiliary aid or service because of insufficient time to arrange it.

    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 Adobe 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.

    Authority:

    Title III, Part D, Section 347, of the Higher Education Act of 1965, as amended in 1998 (20 U.S.C. 1066f).

    Kathleen Smith, Acting Assistant Secretary for Postsecondary Education.
    [FR Doc. 2017-24676 Filed 11-14-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF EDUCATION [Docket No. ED-2017-ICCD-0138] Agency Information Collection Activities; Comment Request; Fast Response Survey System (FRSS) 109: Teachers' Use of Technology for School and Homework Assignments—Preliminary Activities AGENCY:

    National Center for Education Statistics (NCES), 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 January 16, 2018.

    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-0138. 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 NCES Information Collections at [email protected]

    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: Fast Response Survey System (FRSS) 109: Teachers' Use of Technology for School and Homework Assignments—Preliminary Activities.

    OMB Control Number: 1850-0857.

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

    Respondents/Affected Public: Individuals or Households.

    Total Estimated Number of Annual Responses: 3,100.

    Total Estimated Number of Annual Burden Hours: 2,161.

    Abstract: The National Center for Education Statistics (NCES) requests OMB approval to conduct teacher list collection and district recruitment for the Fast Response Survey System (FRSS) 109 survey on teachers' use of technology for school and homework assignments in public schools. NCES is conducting this FRSS survey as part of the IES response to the request in the Every Student Succeeds Act of 2015 (ESSA, 20 U.S.C. 6301 et seq.) to provide information about the educational impact of access to digital learning resources (DLRs) outside of the classroom. The expanding use of technology affects the lives of students both inside and outside the classroom. For this reason, the role of technology in education is an increasingly important area of research. While access to technology can provide valuable learning opportunities to students, technology by itself does not guarantee successful outcomes. Schools and teachers play an important role in successfully integrating technology into teaching and learning. Findings from the FRSS 109 study will provide insight on the types and availability of DLRs outside of the classroom, and will contribute to IES legislatively mandated report on the educational impact of access to DLRs outside the classroom. To provide the needed data, FRSS 109 will collect nationally representative data from public school teachers about their use of DLRs for teaching, and how their knowledge and beliefs about their students' access to DLRs outside the classroom affect the assignments they give. The survey will focus on information that can best be provided by teachers from their perspective and direct interaction with students. FRSS 109 will provide national statistics on: (1) Teachers' knowledge and beliefs about students' access to technology for doing school assignments outside of school; (2) Barriers and challenges teachers believe their students face in using technology for class assignments outside of school; and (3) Computers that the district or school may make available to students for use outside of class time. This request is for FRSS 109 preliminary activities, including securing research approval from special contact school districts beginning in April 2018 and obtaining teacher lists from sampled schools beginning in August 2018.

    Dated: November 9, 2017. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-24733 Filed 11-14-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy MHK Distributed and Alternate Applications Forum AGENCY:

    Water Power Technologies Office, Office of Energy Efficiency and Renewable Energy, Department of Energy.

    ACTION:

    Notice of public forum.

    SUMMARY:

    This notice serves to announce that the Water Power Technologies Office (WPTO) within the Department of Energy (DOE) intends to hold a marine and hydrokinetic (MHK) Distributed and Alternate Applications Forum (“Forum”) in Washington, DC from December 5-7, 2017. The purpose of the Forum is to gather the latest information on potential high-priority alternative markets for MHK technologies. In order to gather as much data as possible, the Forum will bring together key representatives from potential high-priority markets, MHK technology developers and academia, along with staff from the Department of Energy and its national laboratories who have conducted some preliminary investigation of potential opportunities. This information will ultimately be used to inform WPTO activities and strategy.

    DATES:

    DOE will host the Forum from December 5-7, 2017. Each day will run from approximately 7:15 a.m. to 7:00 p.m. DOE will be accepting any comments about the Forum through December 5.

    ADDRESSES:

    The Forum will be held at The St. Gregory Hotel, 2033 M St. NW., Washington, DC 20024. You may submit comments or questions by email to: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Alexsandra Lemke, Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy, 1000 Independence Ave SW., Washington, DC 20585. Telephone: (720)-648-4381. Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    The Forum provides a premier opportunity to learn about new applications for marine energy, and how emerging technologies capturing wave and tidal power can help meet the energy needs of a variety of industries. The Forum will bring together experts in marine energy and those from ocean industries who might benefit from local, reliable energy from waves and currents. Speakers will include MHK technology developers and researchers at the forefront of marine energy generation, representatives from industries and communities where marine energy can offer the greatest economic benefit, and government leaders and regulators.

    Attendees will both discuss and evaluate high-potential alternate markets for developing marine-energy technologies as well as support DOE in aligning MHK technology R&D initiatives with high-priority opportunities. The event is divided into three days, with each day focusing on distinct topics: December 5th will focus on biofuels and aquaculture (Food and Fuel), December 6th will address the potential markets for subsea sensors, autonomous underwater vehicle recharging, and subsea data centers (Sensors and Data), and December 7th will conclude with desalination of seawater and seawater mineral extraction (Water and Minerals). Participating in these sessions provides attendees the chance to give feedback and input into which markets are best suited to the different marine energy technologies, and how devices can be designed and operated to maximize their benefits for each application. As a result of this forum, the WPTO will produce a report summarizing the opportunities within potential market areas. This is an opportunity for all attendees to provide feedback and input into which markets are best suited to the different marine energy technologies, and how devices can be designed and operated to maximize their benefits for each application.

    Public Participation

    The event is open to the public based upon space availability. DOE will also accept public comments as described above for purposes of better understanding the marine and hydrokinetic industry along with the alternative markets to be discussed at the Forum. These comments may be submitted at [email protected] The expiration date for public comment is December 5.

    Participants should limit information and comments to those based on personal experience, individual advice, information, or facts regarding this topic. It is not the object of this session to obtain any group position or consensus from the meeting participants.

    Following the meeting, a summary will be compiled by DOE and posted for public comment. For those interested in providing additional public comment, the summary will be posted at water.energy.gov.

    Issued on November 8, 2017 in Washington, DC. Alejandro Moreno, Director, Water Power Technologies Office, Office of Energy Efficiency and Renewable Energy.
    [FR Doc. 2017-24698 Filed 11-14-17; 8:45 am] BILLING CODE 6450-01-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. No. 94-409), 5 U.S.C. 552b:

    AGENCY HOLDING MEETING:

    Federal Energy Regulatory Commission.

    DATE AND TIME:

    November 16, 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.

    1037th—Meeting [Regular Meeting; November 16, 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 AD07-13-011 2017 Report on Enforcement. ELECTRIC E-1 RM16-22-000 Coordination of Protection Systems for Performance During Faults and Specific Training for Personnel Reliability Standards. E-2 RR15-2-005 North American Electric Reliability Corporation. E-3 ER13-75-011, ER15-416-001 Public Service Company of Colorado. ER13-77-010, ER15-433-001 Tucson Electric Power Company. ER13-78-011, ER15-434-001 UNS Electric, Inc. ER13-79-009, ER15-413-001 Public Service Company of New Mexico. ER13-82-009, ER15-411-006 Arizona Public Service Company. ER13-91-008, ER15-426-001 El Paso Electric Company. ER13-96-009, ER15-431-001 Black Hills Power, Inc. ER13-97-009, ER15-430-001 Black Hills Colorado Electric Utility Company, LP ER13-105-005 NV Energy, Inc. ER15-423-001, ER15-428-003 Nevada Power Company. ER15-424-001 Sierra Pacific Power Company. ER13-120-009, ER15-432-001 Cheyenne Light, Fuel, & Power Company. E-4 ER17-1310-001 New York Independent System Operator, Inc. E-5 ER15-572-000, ER15-572-002, ER15-572-006 New York Independent System Operator, Inc. E-6 ER16-120-001, ER16-120-003, EL15-37-002 New York Independent System Operator, Inc. E-7 ER17-2362-000 PJM Interconnection, L.L.C. E-8 ER17-249-001 PJM Interconnection, L.L.C. E-9 ER17-528-000, ER17-528-001 PJM Interconnection, L.L.C. E-10 ER17-1269-000 FirstEnergy Solutions Corp. E-11 ER17-1272-000, ER17-1559-000 FirstEnergy Solutions Corp. E-12 ER17-889-000 Southwest Power Pool, Inc. E-13 ER17-1482-000 Southwest Power Pool, Inc. E-14 ER17-1160-000, ER17-1160-001 Entergy Arkansas, Inc. E-15 ER10-1350-006 Entergy Services, Inc. E-16 ER17-897-000 Entergy Louisiana, Inc. E-17 EL09-61-006 Louisiana Public Service Commission v. Entergy Corporation, Entergy Services, Inc., Entergy Louisiana, L.L.C., Entergy Arkansas, Inc., Entergy Mississippi, Inc., Entergy New Orleans, Inc., Entergy Gulf States Louisiana, L.L.C. and Entergy Texas, Inc. E-18 ER17-1221-000 NorthWestern Corporation. E-19 ER17-1014-000 Midcontinent Independent System Operator, Inc. E-20 ER16-938-005, ER16-938-006 Arizona Public Service Company. E-21 ER17-558-000 Louisville Gas and Electric Company. E-22 ER17-1386-000 Bishop Hill Energy LLC. E-23 EL16-78-001, QF90-203-008 Saguaro Power Company, A Limited Partnership. E-24 EL17-74-000, QF90-73-009 EF Kenilworth LLC. E-25 EL16-112-001 Coalition of MISO Transmission Customers v. Midcontinent Independent System Operator, Inc. ER17-892-000 Midcontinent Independent System Operator, Inc. E-26 EL17-13-000 American Municipal Power, Inc., Blue Ridge Power Agency, Craig-Botetourt Electric Cooperative, Indiana Michigan Municipal Distributors Association, Indiana Municipal Power Agency, Old Dominion Electric Cooperative, Inc., Wabash Valley Power Association, Inc. v. Appalachian Power Company, Columbus Southern Power Company, Indiana Michigan Power Company, Kentucky Power Company, Kingsport Power Company, Ohio Power Company, Wheeling Power Company, AEP Appalachian Transmission Company, Inc., AEP Indiana Michigan Transmission Company, Inc., AEP Kentucky Transmission Company, Inc., AEP Ohio Transmission Company, Inc. and AEP West Virginia Transmission Company, Inc. E-27 EL17-76-000 East Texas Electric Cooperative, Inc. v. Public Service Company of Oklahoma, Southwestern Electric Power Company, AEP Oklahoma Transmission Company and AEP Southwestern Transmission Company. E-28 EL17-59-000 Joint California Complainants v. Pacific Gas and Electric Company. E-29 EL16-120-001 New England Power Generators Association, Inc. v. ISO New England Inc. GAS G-1 OR14-4-000, OR14-4-001 Guttman Energy, Inc., d/b/a, Guttman Oil Company, and PBF Holding Company, LLC v. Buckeye Pipe Line Company, L.P. and Laurel Pipe Line Company, L.P. G-2 RP17-887-000 Equitrans, L.P. HYDRO H-1 P-13160-010 Red River Hydro, LLC. H-2 P-2146-217 Alabama Power Company. H-3 P-1417-269 Jeffrey Lake Development, Inc. CERTIFICATES C-1 CP16-17-001 Millennium Pipeline Company, L.L.C. Issued: November 9, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.

    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.

    [FR Doc. 2017-24794 Filed 11-13-17; 11:15 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: RP18-148-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: § 4(d) Rate Filing: Negotiated Rate Agreement Filing (SPS Nov 17) to be effective 11/10/2017.

    Filed Date: 11/7/17.

    Accession Number: 20171107-5098.

    Comments Due: 5 p.m. ET 11/20/17.

    Docket Numbers: RP18-149-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Nov 2017 Removal of Statements of Negotiated Rates to be effective 12/8/2017.

    Filed Date: 11/8/17.

    Accession Number: 20171108-5015.

    Comments Due: 5 p.m. ET 11/20/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: November 8, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-24682 Filed 11-14-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [Docket ID No. EPA-HQ-2016-0268; FRL-9970-75-OECA] Clean Water Act Class II: Proposed Administrative Settlement, Penalty Assessment and Opportunity To Comment Regarding Enel Green Power North America, Inc. AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) has entered into a Consent Agreement with ENEL Green Power North America, Inc. (EGPNA or Respondent) to resolve violations of the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA) and the Emergency Planning and Community Right-to-Know Act (EPCRA) and their implementing regulations.

    The Administrator is hereby providing public notice of this Consent Agreement and proposed Final Order (CAFO), and providing an opportunity for interested persons to comment on the CWA, CAA, RCRA and EPCRA portions of the CAFO, pursuant to CWA Sections 309(g)(4)(A) and 311(b)(6)(C), 33 U.S.C. 1319(g)(4)(A) and 33 U.S.C. 1321(b)(6)(C). Upon closure of the public comment period, the CAFO and any public comments will be forwarded to the Agency's Environmental Appeals Board (EAB).

    DATES:

    Comments are due on or before December 15, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-2016-0268, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Peter W. Moore, Water Enforcement Division, Office of Civil Enforcement (2243-A), U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone: (202) 564-6014; fax: (202) 564-0010; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    This proposed settlement agreement is the result of voluntary disclosures of CWA, CAA, RCRA and EPCRA violations by EGPNA to the EPA. EGPNA is an electric energy producing company which specializes in producing clean energy from renewable sources (i.e., from hydro, solar, wind, geothermal and biomass sources) in lieu of carbon-based energy sources. EGPNA is incorporated in 1985 in the State of Massachusetts. EGPNA is located at 100 Brickstone Square, Ste 300, Andover, Massachusetts 01810.

    On October 12, 2012, the EPA and Respondent entered into a corporate audit agreement pursuant to the Agency's policy on Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations (Audit Policy), 65 FR 19,618 (Apr. 11, 2000), in which Respondent agreed to conduct a systematic, documented, and objective review of its compliance with applicable provisions of the CWA, CAA, RCRA and EPCRA. Respondent agreed to submit a final audit report detailing the specific facilities assessed, information setting forth violations discovered, and corrective actions taken. Respondent ultimately audited a total of 77 facilities, as documented in Respondent's November 14, 2012 and final audit report and the March 7, 2013 supplemental audit report.

    All violations discovered and disclosed by the Respondent are listed in Attachments A and B to the CAFO.

    Proposed Settlement

    The EPA determined that Respondent satisfactorily completed its audit and has met all conditions set forth in the Audit Policy for the violations identified in Attachment A of the CAFO. Therefore, 100 percent of the gravity-based penalty calculated for the violations identified in Attachment A of the CAFO is being waived.

    Attachment B of the CAFO identifies certain CWA violations that did not meet Condition V of the Audit Policy requiring correction of the violation within 60 days of discovery. For these violations, a gravity-based penalty of $22,373 is assessed.

    For all violations listed in Attachments A and B, EPA calculated an economic benefit of noncompliance of $54,624. This number was calculated using specific cost information provided by Respondent and use of the Economic Benefit (BEN) computer model.

    EGPNA has agreed to pay a total civil penalty of $76,997 for all the violations identified in Attachments A and B of the CAFO. Of this amount, $54,624 is the economic benefit of noncompliance and $22,373 is the gravity-based penalty for the violations listed in Attachment B of the CAFO.

    Of this total amount, $633 is attributable to the CAA violations, $49,817 is attributable to the CWA NPDES violations, $23,946 is attributable to the CWA SPCC violations, $907 is attributable to the RCRA violations, and $1,664 is attributable to the EPCRA violations.

    The EPA and Respondent negotiated the Consent Agreement in accordance with the Consolidated Rules of Practice, 40 CFR part 22, specifically 40 CFR 22.13(b) and 22.18(b) (In re: ENEL Green Power North America, Inc..; enforcement settlement identifier numbers CWA-HQ-2015-8003, RCRA-HQ-2015-8003, CAA-HQ-2015-8003 and EPCRA-HQ-2015-8003). This Consent Agreement is subject to public notice and comment under Section 311(b)(6)(C) of the CWA, 33 U.S.C. 1321(b)(6)(C). The procedures by which the public may comment on a proposed CWA Class II penalty order, or participate in a Class II penalty proceeding, are set forth in 40 CFR 22.45. The deadline for submitting public comment on this proposed Final Order is [insert date 30 days after date of publication in the Federal Register]. All comments will be transferred to the EAB for consideration. The EAB's powers and duties are outlined in 40 CFR 22.4(a).

    Disclosed and Corrected Violations CWA

    Respondent disclosed that it failed to prepare and implement a Spill Prevention, Control, and Countermeasure (SPCC) Plan in violation of CWA Section 311(j), 33 U.S.C. 1321(j), and the implementing regulations found at 40 CFR part 112, at eighteen (18) facilities located in Idaho, Kansas, Massachusetts, Minnesota, New Hampshire, Nevada, New York, Oklahoma, Texas, Washington, and West Virginia,, identified in Attachment A and listed below.

    Bypass, 2371 East 1100, South Hazelton, ID 83335 Hazelton, 2310 East 930, Hazelton, ID 83335 Caney River, 1205 Road 7, Howard, KS 67353 Caney River, 1206 Road 7, Howard, KS 67353 Lawrence, 9 South Broadway, Lawrence, MA 01840 Minnesota Wind, 112 Center St, Lake Bento, MN 56151 Sweetwater, 340 Plains Road, Claremont NH, 03743 Somersworth, 83 Olde Mill Road, Somersworth, NH 03879 Salt Wells, 6059 Salt Wells Road, Fallon, NV 89406 Stillwater Geo, 4785 Lawrence Lane, Fallon, NV 89406 Stillwater Solar, 4789 Lawrence Lane, Fallon, NV 89406 Wethersfield Wind, 4179 Poplar Tree Road, Gainesville, NY 14066 LaChute Lower, Elk Drive, Ticonderoga, NY 12884 Fenner, 5508 Selinger Road, Cazenovia, NY 13035 Rocky Ridge, 13237 N2240, Hobart, OK 73651 Snyder Wind Farm, 836 Country Road, Hemleigh, TX 79527 Twin Falls, 49032 Southeast 177th Street, North Bend, WA 98045 Gauley, Gauley River Power Partners, Summersville, WVA 26651

    Under CWA Section 311(b)(6)(A), 33 U.S.C. 1321(b)(6)(A), any owner, operator, or person in charge of a vessel, onshore facility, or offshore facility from which oil is discharged in violation of CWA Section 311(b)(3), 33 U.S.C. 1321(b)(3), or who fails or refuses to comply with any regulations that have been issued under CWA Section 311(j), 33 U.S.C. 1321(j), may be assessed an administrative civil penalty of up to $177,500 by the EPA. Class II proceedings under CWA Section 311(b)(6), 33 U.S.C. 1321(b)(6), are conducted in accordance with 40 CFR part 22. As authorized by CWA Section 311(b)(6), 33 U.S.C. 1321(b)(6), the EPA has assessed a civil penalty for these violations.

    Pursuant to CWA Section 311(b)(6)(C), 33 U.S.C. 1321(b)(6)(C), the EPA will not issue an order in this proceeding prior to the close of the public comment period.

    Respondent disclosed that it violated CWA Sections 301(a), 33 U.S.C. 1311(a) and Section 402(a), 33 U.S.C. 1342(a) and implementing regulations found at 40 CFR part 122 at twenty-six (26) facilities located in Georgia, Idaho, Massachusetts, New Hampshire, New York, North Carolina, South Carolina, Vermont, Virginia, and identified in Attachments A and B and listed below.

    Milstead, Main Street, Conyers, GA 30207 Barber Dam, 5456 Warm Springs Ave, Boise ID 8371 Hazelton, 2310 East 930, Hazelton, ID 83335 Bypass, 2371 East 1100 South Hazelton, ID 83335 Dietrich Drop, 5 mi S of Dietrich on Milner, Dietrich Drop, ID 83324 Elk Creek, 176 Elk Lake Road, New Meadows, ID 83655 GeoBon—Notch Butte, 120 West Road, Shoshone, ID 83352 Crescent, 1191 Huntington Road, Russell, MA 01702 Glendale, Route 184, Stockbridge, MA 01263 Low Line Rapids, 5 mi S, 1 mi W of Kimberly, Kimberly, ID 83343 Rock Creek, Canyon Springs Road 2.3mi W, 1.2S, Twin Falls, ID 83304 Lower Valley, 131 Sullivan Street, Claremont, NH 03744 Sweetwater, 341 Plains Road, Claremont, NH 03744 Rollinsford, 2 1/2 Front Street, Rollinsford, NH 03786 Mascoma, Route 12A, West Lebanon, NH 03785 Woodsville, 4 North Court Street, Woodsville, NH 03786 EHC, 1965 Maple Street, West Hopkinton, NH 03229 Somersworth, 83 Olde Mill Road, Somersworth, NH 03879 Groveville, Route 52, Beacon, NY 12508 High Shoals, River Street, High Shoals, NC 28208 Piedmont, Highway 86, Piedmont, SC 29673 Ware Shoals, Powerhouse Road, Ware Shoals, SC 26962 Sheldon Springs, 122 Heather Lane, Sheldon Springs, VT 05486 Ottauquechee, 47 Mill Street, N. Hartland, VT 05053 Barnet, Route 7, Barnet, VT 05083 Fries, Highway 95, Fries, VA 24331

    Under CWA Section 309(a) and (g)(2)(B), 33 U.S.C. 1319(a) and (g)(2)(B), any person who is in violation of any condition or limitation which implements section 301, 302, 306, 307, 308, 318, or 405 of this title in a permit issued by a State under an approved permit program under section 402 or 404 of this title may be assessed an administrative penalty of up to $177,500 by the EPA. Class II proceedings under CWA Section 309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), are conducted in accordance with 40 CFR part 22. As authorized by CWA Section 309(g)(2)(B), 33 U.S.C. 1319(g)(2)(B), the EPA has assessed a civil penalty for these violations.

    CAA

    Respondent disclosed that it violated CAA Section 110, 42 U.S.C. 7410 and Nevada State Implementation Plan for operating under a Class II Air Quality Operating Permit that imposes emission limits, monitoring, testing, and reporting requirements for failing to maintain records or report significant losses of isobutane during routine maintenance. The facilities are located in the State of Nevada.

    Under CAA Section 113(d), 42 U.S.C. 7413(d), the Administrator may issue an administrative penalty order to any person who has violated or is in violation of any applicable requirement or prohibition of the CAA, including any rule, order, waiver, permit, or plan. Proceedings under CAA Section 113(d), 42 U.S.C. 7413(d), are conducted in accordance with 40 CFR part 22. The EPA, as authorized by the CAA, has assessed a civil penalty for these violations.

    RCRA

    Respondent disclosed that it failed to comply with RCRA Section 3002 of RCRA, 42 U.S.C. 6922, and the regulations found at 40 CFR part 265, 273, and 279, at sixty (60)) facilities listed in Attachment A of the CAFO when it failed to conduct waste accumulation and storage inspections; maintain proper universal waste disposal and handling practices for spent fluorescent lamps and tubes; and by failing to maintain waste oil in accordance with the regulations. These sixty (60) facilities are located in the following states: California, Connecticut, Georgia, Idaho, Kansas, Maine, Massachusetts, Minnesota, Oklahoma, Nevada, New York, North Carolina, Pennsylvania, South Carolina Vermont, Virginia and Washington, West Virginia.

    Under RCRA Section 3008, 42 U.S.C. 6928, the Administrator may issue an order assessing a civil penalty for any past or current violation the RCRA. Proceedings under RCRA Section 3008, 42 U.S.C. 6928, are conducted in accordance with 40 CFR part 22. The EPA, as authorized by the RCRA, has assessed a civil penalty for these violations.

    EPCRA

    Respondent disclosed that it violated EPCRA Section 302(c), 42 U.S.C. 11002(c), and the implementing regulations found at 40 CFR part 355, at three (3) facilities listed in Attachment A when it failed to notify the State Emergency Response Commission (SERC) and/or the Local Emergency Planning Committee (LEPC) that these facilities are subject to the requirements of Section 302(c) of EPCRA. These three (3) facilities are located in the following states: Kansas and New Hampshire.

    Respondent disclosed that it violated EPCRA Section 311(a), 42 U.S.C. 11021(a), and the implementing regulations found at 40 CFR part 370, at three (3) facilities listed in Attachment A when it failed to submit a Material Safety Data Sheet (MSDS) for a hazardous chemical(s) and/or extremely hazardous substance(s) or, in the alternative, a list of such chemicals, to the LEPCs, SERCs, and the fire departments with jurisdiction over these facilities. These three (3) facilities are located in the following states: Kansas and New Hampshire.

    Respondent disclosed that it violated EPCRA Section 312(a), 42 U.S.C. 11022(a), and the implementing regulations found at 40 CFR part 370, at three (3) facilities listed in Attachment A when it failed to prepare and submit emergency and chemical inventory forms to the LEPCs, SERCs, and the fire departments with jurisdiction over these facilities. These three (3) facilities are located in the following states: Kansas and New Hampshire.

    Under EPCRA Section 325, 42 U.S.C. 11045, the Administrator may issue an administrative order assessing a civil penalty against any person who has violated applicable emergency planning or right-to-know requirements, or any other requirement of EPCRA. Proceedings under EPCRA Section 325, 42 U.S.C. 11045, are conducted in accordance with 40 CFR part 22. The EPA, as authorized by EPCRA Section 325, 42 U.S.C. 11045, has assessed a civil penalty for these violations.

    List of Subjects

    Environmental protection.

    Dated: October 27, 2017. Rosemarie Kelley, Acting Director, Office of Civil Enforcement, Office of Enforcement and Compliance Assurance.
    [FR Doc. 2017-24722 Filed 11-14-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY FRL-9970-67-OGC; EPA-HQ-OGC-2017-0630] Proposed Settlement Agreement, Clean Air Act Title V Permit Appeal AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of Proposed Settlement Agreement; Request for Public Comment.

    SUMMARY:

    In accordance with section 113(g) of the Clean Air Act, as amended (“CAA” or the “Act”), notice is hereby given of a proposed settlement agreement to resolve a case filed by Veolia ES Technical Solutions, L.L.C. (“Veolia”) involving EPA actions under the CAA Title V operating permit program. On February, 15, 2017, Veolia filed a petition with the Environmental Appeals Board (“EAB”) challenging the CAA Title V renewal permit issued by EPA Region 5 for the Veolia facility in Sauget, Illinois (“the Facility”) on January 18, 2017. (In re Veolia ES Technical Solutions, L.L.C., CAA Appeal No. 17-02). Under the proposed settlement agreement, among other changes to the permit, Veolia agrees to install activated carbon injection systems (“ACI systems”) on two incinerators that currently do not have controls for vapor phase mercury and EPA Region 5 will request a remand of the CAA Title V renewal permit.

    DATES:

    Written comments on the proposed settlement agreement must be received by December 15, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OGC-2017-0630, online at www.regulations.gov (EPA's preferred method). For comments submitted at www.regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from www.regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact the person identified in the For Further Information Contact section. For the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    John T. Krallman, Air and Radiation Law Office (2344A), Office of General Counsel, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone: (202) 564-0904; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Additional Information About the Proposed Settlement Agreement

    The proposed settlement agreement would resolve the case filed by Veolia involving EPA Region 5's actions under the CAA title V operating permit program. On February 15, 2017, Veolia filed a petition with the Environmental Appeals Board (“EAB”) challenging the CAA Title V renewal permit issued by EPA Region 5 on January 18, 2017 to Veolia's facility in Sauget, Illinois (“the Facility”).

    Under the terms of the proposed settlement agreement, among other changes to the permit, Veolia agrees to install activated carbon injection systems (“ACI systems”) on two of its incinerators to control emissions of vapor phase mercury and EPA Region 5 agrees to request a voluntary remand from the EAB of the CAA Title V renewal permit issued on January 18, 2017. If this proposed settlement agreement is finalized, EPA Region 5 will put out a draft CAA Title V permit for separate public notice and comment period. The revised draft CAA Title V renewal permit, which is attached to the proposed settlement agreement, also includes improvements to Veolia's procedures for analyzing hazardous wastes burned in the incinerators. If the final CAA Title V renewal permit for the Facility only contains changes from the revised draft that reflect the inclusion of any final preconstruction permit that has been issued by the Illinois Environmental Protection Agency for the ACI systems or clerical changes from the draft CAA Title V permit attached to the proposed settlement agreement, Veolia agrees that it will not file a petition for review with the EAB or otherwise challenge the final CAA Title V renewal permit for the Facility. The proposed settlement agreement provides that this public notice shall not serve as the notice and comment period for any subsequent draft CAA Title V renewal permit for the Facility. The proposed settlement agreement also provides that nothing in the settlement agreement limits the discretion of EPA Region 5 to make changes between the draft CAA Title V renewal permit and the final CAA Title V renewal permit based on public notice and comment or information contained in the permit record; nor does the settlement agreement limit or modify any discretion afforded EPA by the Act or by general principles of administrative law in taking those actions. See the proposed settlement agreement for specific details.

    For a period of thirty (30) days following the date of publication of this notice, the Agency will accept written comments relating to the proposed settlement agreement from persons who are not named as parties or intervenors to the litigation in question. EPA may withdraw or withhold consent to the proposed settlement agreement if the comments disclose facts or considerations that indicate that such consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Act.

    II. Additional Information About Commenting on the Proposed Settlement Agreement A. How can I get a copy of the settlement agreement?

    The official public docket for this action (identified by Docket ID No. EPA-HQ-OGC-2017-0630) contains a copy of the proposed settlement agreement, including the draft CAA Title V renewal permit. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave. NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the OEI Docket is (202) 566-1752.

    An electronic version of the public docket is available through www.regulations.gov. You may use www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select “search.”

    It is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA's policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center.

    B. How and to whom do I submit comments?

    You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked “late.” EPA is not required to consider these such comments.

    If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment and with any disk or CD ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment.

    Use of the www.regulations.gov Web site to submit comments to EPA electronically is EPA's preferred method for receiving comments. The electronic public docket system is an “anonymous access” system, which means EPA will not know your identity, email address, or other contact information unless you provide it in the body of your comment. In contrast to EPA's electronic public docket, EPA's electronic mail (email) system is not an “anonymous access” system. If you send an email comment directly to the Docket without going through www.regulations.gov, your email address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket.

    Dated: November 1, 2017. Gautam Srinivasan, Acting Associate General Counsel.
    [FR Doc. 2017-24723 Filed 11-14-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meetings TIME AND DATE:

    Thursday, November 16, 2017 at 10:00 a.m.

    PLACE:

    999 E Street NW., Washington, DC (Ninth Floor).

    STATUS:

    This meeting will be open to the public.

    MATTERS TO BE CONSIDERED:

    Assessment of Commission Action on Enforcement Matters Awaiting Reason-to-Believe Consideration Management and Administrative Matters CONTACT PERSON FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Dayna C. Brown, Secretary and Clerk, at (202)694-1040, at least 72 hours prior to the meeting date.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-24785 Filed 11-13-17; 11:15 am] BILLING CODE 6715-01-P
    FEDERAL HOUSING FINANCE AGENCY [No. 2017-N-09] Privacy Act of 1974; Systems of Records AGENCY:

    Federal Housing Finance Agency.

    ACTION:

    Notice of a new system of records.

    SUMMARY:

    In accordance with the requirements of the Privacy Act of 1974, as amended (Privacy Act), the Federal Housing Finance Agency (FHFA) gives notice of a new proposed Privacy Act system of records. The new proposed system is: Applicant Tracking System (FHFA-25). The Applicant Tracking System will be used by FHFA to post and publicize mission critical occupation job openings using FHFA's authority to hire examiners, accountants, economists, and specialists in financial markets and in technology. The System will be used to receive, store, and process resumes, applications, curriculum vitaes, and similar documents received in response to mission critical occupation job openings, and recruiting and outreach events. In addition, the System will be used to track applicants for such positions.

    DATES:

    To be assured of consideration, comments must be received on or before December 15, 2017. This new system of records will become effective on December 15, 2017 without further notice unless comments necessitate otherwise. FHFA will publish a new notice if the effective date is delayed to review comments or if changes are made based on comments received.

    ADDRESSES:

    Submit comments to FHFA, identified by “2017-N-09,” using any one of the following methods:

    Agency Web site: www.fhfa.gov/open-for-comment-or-input.

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. If you submit your comment to the Federal eRulemaking Portal, please also send it by email to FHFA at [email protected] to ensure timely receipt by the agency. Please include “Comments/No. 2017-N-09” in the subject line of the message.

    Hand Delivered/Courier: The hand delivery address is: Alfred M. Pollard, General Counsel, Attention: Comments/No. 2017-N-09, Federal Housing Finance Agency, 400 7th Street SW., Eighth Floor, Washington, DC 20219. The package should be delivered to the 7th Street entrance Guard Desk, First Floor, on business days between 9 a.m. and 5 p.m.

    U.S. Mail, United Parcel Service, Federal Express, or Other Mail Service: The mailing address for comments is: Alfred M. Pollard, General Counsel, Attention: Comments/No. 2017-N-09, Federal Housing Finance Agency, 400 7th Street SW., Eighth Floor, Washington, DC 20219.

    See SUPPLEMENTARY INFORMATION for additional information on submission and posting of comments.

    FOR FURTHER INFORMATION CONTACT:

    Moji Adelekan, Senior Human Resources Specialist at (202) 649-3745; or David A. Lee, Senior Agency Official for Privacy, [email protected], 202-649-3803 (not toll free numbers), Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219. The telephone number for the Telecommunications Device for the Deaf is 800-877-8339.

    SUPPLEMENTARY INFORMATION:

    I. Comments

    Instructions: FHFA seeks public comments on the proposed new system of records and will take all comments into consideration before issuing the final notice. See 5 U.S.C. 552a(e)(4) and (11). In addition to referencing “Comments/No. 2017-N-09,” please reference the title and number of the system of records your comment addresses: “Applicant Tracking System (FHFA-25).”

    Posting and Public Availability of Comments: All comments received will be posted without change on the FHFA Web site at http://www.fhfa.gov, and will include any personal information provided, such as your name, address (home and email), telephone number, and any other information you provide. In addition, copies of all comments received will be available for examination by the public on business days between the hours of 10 a.m. and 3 p.m., at the Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219. To make an appointment to inspect comments, please call the Office of General Counsel at (202) 649-3804.

    II. Introduction

    This notice informs the public of FHFA's proposal to establish and maintain a new system of records. The proposed new system is being established under FHFA's authority at 12 U.S.C. 4517(h) to hire for mission critical occupation jobs such as examiners, accountants, economists, and specialists in financial markets and in technology. This notice satisfies the Privacy Act requirement that an agency publish a system of records notice in the Federal Register when there is an addition to the agency's systems of records. It has been recognized by Congress that application of all requirements of the Privacy Act to certain categories of records may have an undesirable and often unacceptable effect upon agencies in the conduct of necessary public business. Consequently, Congress established general exemptions and specific exemptions that could be used to exempt records from provisions of the Privacy Act. Congress also required that exempting records from provisions of the Privacy Act would require the head of an agency to publish a determination to exempt a record from the Privacy Act as a rule in accordance with the Administrative Procedures Act. The Director of FHFA has determined that records and information in this new system of records is not exempt from requirements of the Privacy Act.

    As required by the Privacy Act, 5 U.S.C. 552a(r), and pursuant to section 7 of OMB Circular No. A-108, “Federal Agency Responsibilities for Review, Reporting, and Publication under the Privacy Act,” dated December 23, 2016 (81 FR 94424 (Dec. 23, 2016)), prior to publication of this notice, FHFA submitted a report describing the new system of records covered by this notice to the Office of Management and Budget, the Committee on Oversight and Government Reform of the House of Representatives, and the Committee on Homeland Security and Governmental Affairs of the Senate.

    The proposed new system of records described above is set forth in its entirety below.

    SYSTEM NAME AND NUMBER:

    Applicant Tracking System, FHFA-25.

    SECURITY CLASSIFICATION:

    Sensitive but unclassified.

    SYSTEM LOCATION:

    Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219; Acendre Inc., 4350 Fairfax Drive, Suite 400, Arlington, VA 22203-1632; and any alternate site used by Federal Housing Finance Agency (FHFA) employees, or individuals, including contractors, assisting such employees.

    SYSTEM MANAGER(S):

    Office of Human Resources Management, Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219.

    AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

    12 U.S.C. 4515 and 12 U.S.C. 4517(h).

    PURPOSE(S) OF THE SYSTEM:

    The Applicant Tracking System will be used by FHFA to post and publicize mission critical occupation job openings using FHFA's authority at 12 U.S.C. 4517(h) to hire examiners, accountants, economists, and specialists in financial markets and in technology. The System will be used to receive, store, and process resumes, applications, curriculum vitaes, and similar documents received in response to mission critical occupation job openings, and recruiting and outreach events. In addition, the System will be used to track applicants for such positions.

    CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

    Applicants for positions at FHFA.

    CATEGORIES OF RECORDS IN THE SYSTEM:

    Name; date of birth; race, national origin, color, gender, and disability; business and home addresses; business and personal electronic mail (email) addresses; business, home, cellular, and personal telephone numbers; education records; military status and/or information; and employment experience, status and related information.

    RECORD SOURCE CATEGORIES:

    Information is provided by applicants.

    ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND PURPOSE OF SUCH USES:

    In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act, these records or information contained therein may specifically be disclosed outside FHFA as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    (1) To appropriate agencies, entities, and persons when (1) FHFA suspects or has confirmed that there has been a breach of the system of records, (2) FHFA has determined that as a result of the suspected or confirmed breach there is a risk of harm to individuals, FHFA (including its information systems, programs, and operations), the Federal Government, or national security; and (3) the disclosure made to such agencies, entities, and persons is reasonably necessary to assist in connection with FHFA's efforts to respond to the suspected or confirmed breach or to prevent, minimize, or remedy such harm.

    (2) Where there is an indication of a violation or potential violation of law, whether civil, criminal or regulatory in nature, and whether arising by general statute or particular program statute, or by regulation, rule or order issued pursuant thereto, the relevant records in the system of records may be referred, as a routine use, to the appropriate agency, whether federal, state, local, tribal, foreign or a financial regulatory organization charged with the responsibility of investigating or prosecuting such violation or charged with enforcing or implementing a statute, or rule, regulation or order issued pursuant thereto.

    (3) To any individual during the course of any inquiry or investigation conducted by FHFA, or in connection with civil litigation, if FHFA has reason to believe that the individual to whom the record is disclosed may have further information about the matters related therein, and those matters appeared to be relevant at the time to the subject matter of the inquiry.

    (4) To any individual with whom FHFA contracts to collect, store, or maintain, or reproduce by typing, photocopy or other means, any record within this system for use by FHFA and its employees in connection with their official duties, or to any individual who is utilized by FHFA to perform clerical or stenographic functions relating to the official business of FHFA.

    (5) To a Congressional office from the record of an individual in response to an inquiry from the Congressional office made at the request of that individual.

    (6) To a court, magistrate, or administrative tribunal in the course of presenting evidence, including disclosures to opposing counsel or witnesses in the course of civil discovery, litigation, or settlement negotiations or in connection with criminal law proceedings or in response to a subpoena from a court of competent jurisdiction.

    (7) To the Office of Management and Budget, Department of Justice (DOJ), Department of Labor, Office of Personnel Management, Equal Employment Opportunity Commission, Office of Special Counsel, or other Federal agencies to obtain advice regarding statutory, regulatory, policy, and other requirements related to the purpose for which FHFA collected the records.

    (8) To DOJ, (including United States Attorney Offices), or other Federal agency conducting litigation or in proceedings before any court, adjudicative or administrative body, when it is necessary to the litigation and one of the following is a party to the litigation or has an interest in such litigation:

    1. FHFA

    2. Any employee of FHFA in his/her official capacity;

    3. Any employee of FHFA in his/her individual capacity where DOJ or FHFA has agreed to represent the employee; or

    4. The United States or any agency thereof, is a party to the litigation or has an interest in such litigation, and FHFA determines that the records are both relevant and necessary to the litigation and the use of such records is compatible with the purpose for which FHFA collected the records.

    (9) To the National Archives and Records Administration or other Federal agencies pursuant to records management inspections being conducted under the authority of 44 U.S.C. 2904 and 2906.

    (10) To an agency, organization, or individual for the purpose of performing audit or oversight operations as authorized by law, but only such information as is necessary and relevant to such audit or oversight function.

    POLICIES AND PRACTICES FOR STORAGE OF RECORDS:

    Records are maintained in electronic and paper format. Electronic records are stored in computerized databases. Paper records are stored in locked offices, locked file rooms, locked file cabinets, or safes.

    POLICIES AND PRACTIES FOR RETRIEVAL OF RECORDS:

    Records may be retrieved by any of the following: Name, email address, or assigned file number. Information may additionally be retrieved by other personal identifiers.

    POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:

    Records are retained and disposed of in accordance with FHFA's approved Comprehensive Records Schedule (CRS), Items 5.3 Human Resources Records; and 6.2 Routine Office Administration Records.

    ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:

    Records are safeguarded in a secured environment. Buildings where records are stored have security cameras and 24-hour security guard service. Computerized records are safeguarded through use of access codes and other information technology security measures. Paper records are safeguarded by locked offices, locked file rooms, locked file cabinets, or safes. Access to the records, whether in electronic or paper form, is restricted to those who require the records in the performance of official duties related to the purposes for which the system is maintained.

    RECORD ACCESS PROCEDURES:

    Direct requests for access to a record to the Privacy Act Officer, Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219, or [email protected] in accordance with the procedures set forth in 12 CFR part 1204.

    CONTESTING RECORD PROCEDURES:

    Direct requests to contest or appeal an adverse determination for a record to the Privacy Act Appeals Officer, Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219, or [email protected] in accordance with the procedures set forth in 12 CFR part 1204.

    NOTIFICATION PROCEDURES:

    Direct inquiries as to whether this system contains a record pertaining to an individual to the Privacy Act Officer, Federal Housing Finance Agency, 400 7th Street SW., Washington, DC 20219, or [email protected] in accordance with the procedures set forth in 12 CFR part 1204.

    EXEMPTIONS PROMULGATED FOR THE SYSTEM:

    None.

    HISTORY:

    This is a new system therefore there is no history.

    Dated: November 9, 2017. Melvin L. Watt, Director, Federal Housing Finance Agency.
    [FR Doc. 2017-24727 Filed 11-14-17; 8:45 am] BILLING CODE 8070-01-P
    FEDERAL MARITIME COMMISSION Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Federal Maritime Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Federal Maritime Commission (Commission) is giving public notice that the agency has submitted to the Office of Management and Budget (OMB) for approval the continuing information collections (extensions with no changes) described in this notice. The public is invited to comment on the proposed information collections pursuant to the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted at the addresses below on or before December 15, 2017 to be assured of consideration.

    ADDRESSES:

    Comments should be addressed to:

    Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Shannon Joyce, Desk Officer for Federal Maritime Commission, 725 17th Street NW., Washington, DC 20503, [email protected], Fax (202) 395-5167. and to: Karen V. Gregory, Managing Director, Office of the Managing Director, Federal Maritime Commission, 800 North Capitol Street NW., Washington, DC 20573, Telephone: (202) 523-5800, [email protected]

    Please send separate comments for each specific information collection listed below, and reference the information collection's title and OMB number in your comments.

    FOR FURTHER INFORMATION CONTACT:

    Copies of the submission(s) may be obtained by contacting Donna Lee at 202-523-5800 or email: [email protected]

    SUPPLEMENTARY INFORMATION: Request for Comments

    Pursuant to the Paperwork Reduction Act of 1995 (Pub. L. 104-13), the Commission invites the general public and other Federal agencies to comment on proposed information collections. On July 11, 2017, the Commission published a notice and request for comments in the Federal Register (82 FR 31972) regarding the agency's request for continued approval from OMB for information collections as required by the Paperwork Reduction Act of 1995. The Commission received no comments on any of the requests for extensions of OMB clearance. The Commission has submitted the described information collections to OMB for approval.

    In response to this notice, comments and suggestions should address one or more of the following points: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Information Collections Open for Comment

    Title: 46 CFR part 525—Marine Terminal Operator Schedules and Related Form FMC-1.

    OMB Approval Number: 3072-0061 (Expires December 31, 2017).

    Abstract: Section 8(f) of the Shipping Act of 1984, 46 U.S.C. 40501(f), provides that a marine terminal operator (MTO) may make available to the public a schedule of its rates, regulations, and practices, including limitations of liability for cargo loss or damage, pertaining to receiving, delivering, handling, or storing property at its marine terminal. The Commission's rules governing MTO schedules are set forth at 46 CFR part 525.

    Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form FMC-1 to determine the organization name, organization number, home office address, name and telephone number of the firm's representatives and the location of MTO schedules of rates, regulations and practices, and publisher, should the MTOs determine to make their schedules available to the public, as set forth in section 8(f) of the Shipping Act.

    Frequency: This information is collected prior to an MTO's commencement of its marine terminal operations.

    Type of Respondents: Persons operating as MTOs.

    Number of Annual Respondents: The Commission estimates the respondent universe at 8, of which 5 opt to make their schedules available to the public.

    Estimated Time Per Response: The time per response for completing Form FMC-1 averages 0.5 hours, and an estimated 5 hours for completing related MTO schedules.

    Total Annual Burden: The Commission estimates the total hour burden at 44 hours.

    Title: 46 CFR part 520—Carrier Automated Tariffs and Related Form FMC-1.

    OMB Approval Number: 3072-0064 (Expires December 31, 2017).

    Abstract: Except with respect to certain specified commodities, section 8(a) of the Shipping Act of 1984, 46 U.S.C. 40501(a)-(c), requires that each common carrier and conference shall keep open to public inspection, in an automated tariff system, tariffs showing its rates, charges, classifications, rules, and practices between all ports and points on its own route and on any through transportation route that has been established. In addition, individual carriers or agreements among carriers are required to make available in tariff format certain enumerated essential terms of their service contracts. 46 U.S.C. 40502. The Commission is responsible for reviewing the accessibility and accuracy of automated tariff systems, in accordance with its regulations set forth at 46 CFR part 520.

    Current Actions: There are no changes to this information collection, and it is being submitted for extension purposes only.

    Type of Review: Extension.

    Needs and Uses: The Commission uses information obtained from Form FMC-1 to ascertain the location of common carrier and conference tariff publications, and to access their provisions regarding rules, rates, charges and practices.

    Frequency: This information is collected when common carriers or conferences publish tariffs.

    Type of Respondents: Persons desiring to operate as common carriers or conferences.

    Number of Annual Respondents: The Commission estimates there are 5,365 Carrier Automated Tariffs. It is estimated that the number of annual respondents will be 1,425.

    Estimated Time Per Response: The time per response ranges from 0.1 to 2 hours for reporting and recordkeeping requirements contained in the rules, and 0.5 hours for completing Form FMC-1.

    Total Annual Burden: The Commission estimates the total hour burden at 2,408 hours.

    JoAnne D. O' Bryant, Program Analyst.
    [FR Doc. 2017-24705 Filed 11-14-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL MARITIME COMMISSION Notice of Agreement Filed

    The Commission hereby gives notice of the filing of the following agreement under the Shipping Act of 1984. Interested parties may submit comments on the agreement to the Secretary, Federal Maritime Commission, Washington, DC 20573, within twelve days of the date this notice appears in the Federal Register. A copy of the agreement is available through the Commission's Web site (www.fmc.gov) or by contacting the Office of Agreements at (202) 523-5793 or [email protected]

    Agreement No.: 201236.

    Title: MACS-CSAL Shipping Agreement.

    Parties: MACS Maritime Carrier Shipping Pte. Ltd. and CSAL Canada-States-Africa Line Inc.

    Filing Party: Steven B. Chameides; Foley & Lardner LLP; 3000 K Street NW.; Washington, DC 20007.

    Synopsis: The agreement authorizes the parties to charter space from one another in the trade between the U.S. East and Gulf Coast on the one hand, and certain countries in Africa on the other hand.

    Dated: November 9, 2017.

    By Order of the Federal Maritime Commission.

    JoAnne D. O'Bryant, Program Analyst.
    [FR Doc. 2017-24708 Filed 11-14-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RESERVE SYSTEM [Docket No. OP-1583] Federal Reserve Bank Services AGENCY:

    Board of Governors of the Federal Reserve System.

    ACTION:

    Notice.

    SUMMARY:

    The Board of Governors of the Federal Reserve System (Board) has approved the private sector adjustment factor (PSAF) for 2018 of $18.9 million and the 2018 fee schedules for Federal Reserve priced services and electronic access. These actions were taken in accordance with the Monetary Control Act of 1980, which requires that, over the long run, fees for Federal Reserve priced services be established on the basis of all direct and indirect costs, including the PSAF.

    DATES:

    The new fee schedules become effective January 2, 2018.

    FOR FURTHER INFORMATION CONTACT:

    For questions regarding the fee schedules: David C. Mills, Deputy Associate Director, (202) 530-6265; Emily Massaro, Financial Services Analyst, (202) 452-2493, Division of Reserve Bank Operations and Payment Systems. For questions regarding the PSAF: Lawrence Mize, Deputy Associate Director, (202) 452-5232; Max Sinthorntham, Senior Financial Analyst, (202) 452-2864, Division of Reserve Bank Operations and Payment Systems. For users of Telecommunications Device for the Deaf (TDD) only, please call (202) 263-4869. Copies of the 2018 fee schedules for the check service are available from the Board, the Federal Reserve Banks, or the Reserve Banks' financial services Web site at www.frbservices.org.

    I. Supplementary Information Private Sector Adjustment Factor, Priced Services Cost Recovery, and Overview of 2017 Price Changes

    A. Overview—Each year, as required by the Monetary Control Act of 1980, the Reserve Banks set fees for priced services provided to depository institutions. These fees are set to recover, over the long run, all direct and indirect costs and imputed costs, including financing costs, taxes, and certain other expenses, as well as the return on equity (profit) that will have been earned if a private business firm provided the services. The imputed costs and imputed profit are collectively referred to as the private-sector adjustment factor (PSAF). From 2007 through 2016, the Reserve Banks recovered 101.8 percent of their total expenses (including imputed costs) and targeted after-tax profits or return on equity (ROE) for providing priced services.1

    1 The 10-year recovery rate is based on the pro forma income statements for Federal Reserve priced services published in the Board's Annual Report. Effective December 31, 2006, the Reserve Banks implemented Statement of Financial Accounting Standards (SFAS) No. 158: Employers' Accounting for Defined Benefit Pension and Other Postretirement Plans [Accounting Standards Codification (ASC) 715 Compensation—Retirement Benefits], which resulted in recognizing a cumulative reduction in equity related to the priced services' benefit plans. Including this cumulative reduction in equity from 2007 to 2016 results in cost recovery of 95.6 percent for the ten-year period. This measure of long-run cost recovery is also published in the Board's Annual Report.

    Table 1 summarizes 2016 actual, 2017 estimated, and 2018 budgeted cost-recovery rates for all priced services. Cost recovery is estimated to be 102.6 percent in 2017 and budgeted to be 100.0 percent in 2018.

    Table 1—Aggregate Priced Services Pro Forma Cost and Revenue Performance  a [Dollars in millions] Year Revenue Total expense Net income
  • (ROE)
  • Targeted ROE Recovery rate after targeted ROE
  • (%)
  • 1 b 2 c 3
  • [1−2]
  • 4 d 5 e
  • [1/(2 + 4)]
  • 2016 (actual) 434.1 410.5 23.7 4.1 104.7 2017 (estimate) 442.3 426.3 16.0 4.6 102.6 2018 (budget) 441.7 436.5 5.2 5.2 100.0 a Calculations in this table and subsequent pro forma cost and revenue tables may be affected by rounding. b Revenue includes imputed income on investments when equity is imputed at a level that meets minimum capital requirements and, when combined with liabilities, exceeds total assets. c The calculation of total expense includes operating, imputed, and other expenses. Imputed and other expenses include taxes, Board of Governors' priced services expenses, the cost of float, and interest on imputed debt, if any. Credits or debits related to the accounting for pension plans under FAS 158 [ASC 715] are also included. d Targeted ROE is the after-tax ROE included in the PSAF. e The recovery rates in this and subsequent tables do not reflect the unamortized gains or losses that must be recognized in accordance with FAS 158 [ASC 715]. Future gains or losses, and their effect on cost recovery, cannot be projected.

    Table 2 provides an overview of cost-recovery budgets, estimates, and performance for the 10-year period from 2007 to 2016, 2016 actual, 2017 budget, 2017 estimate, and 2018 budget by priced service.

    Table 2—Priced Services Cost Recovery [Percent] Priced service 2007-2016 2016
  • actual
  • 2017
  • budget a
  • 2017
  • estimate
  • 2018
  • budget b
  • All services 101.8 104.7 100.0 102.6 100.0 Check 102.7 112.7 104.1 104.8 101.2 FedACH 99.1 98.8 95.7 97.8 96.2 Fedwire Funds and NSS 101.3 103.3 101.1 105.9 104.0 Fedwire Securities 102.2 99.2 97.8 103.1 97.2 a The 2017 budget figures reflect the final budgets as approved by the Board in December 2016. b The 2018 budget figures reflect preliminary budget information from the Reserve Banks. The Reserve Banks will submit final budget data to the Board in November 2017, for Board consideration in December 2017.

    1. 2017 Estimated Performance—The Reserve Banks estimate that they will recover 102.6 percent of the costs of providing priced services in 2017, including total expense and targeted ROE, compared with a 2017 budgeted recovery rate of 100.0 percent, as shown in table 2. Overall, the Reserve Banks estimate that they will fully recover actual and imputed costs and earn net income of $16.0 million, compared with the targeted ROE of $4.6 million. The Reserve Banks estimate that the check service, the Fedwire® Funds and National Settlement Services, and the Fedwire Securities Service will achieve full cost recovery; however, the Reserve Banks continue to estimate that the FedACH® Service will not achieve full cost recovery because of investment costs associated with the multiyear technology initiative to modernize its processing platform.2 This investment is expected to enhance efficiency, the overall quality of operations, and the Reserve Banks' ability to offer additional services to depository institutions.

    2 The Reserve Banks have been engaged in a multiyear technology initiative to modernize the FedACH processing platform by migrating the service from a mainframe system to a distributed computing environment.

    2. 2018 Private-Sector Adjustment Factor—The 2018 PSAF for Reserve Bank priced services is $18.9 million. This amount represents an increase of $2.3 million from the 2017 PSAF of $16.6 million. This increase is primarily the result of an increase in the total cost of capital and sales taxes offset by a decrease in Board of Governors expenses.

    3. 2018 Projected Performance—The Reserve Banks project a priced services cost recovery rate of 100.0 percent in 2018, with both net income and targeted ROE of $5.2 million. The Reserve Banks project that the price changes will result in a 1.4 percent average price increase for customers. The Reserve Banks project that the check service and the Fedwire Funds and National Settlement Services will fully recover their costs; however, the Reserve Banks project that the FedACH Service and the Fedwire Securities Service will not achieve full cost recovery. Although FedACH is not budgeted to fully recover its costs in 2018, the Reserve Banks are expected to fully recover FedACH costs once the FedACH technology modernization project is complete, as well as over the long run. In addition, the Board believes the Reserve Banks' 2018 FedACH fee increases are consistent with a multiyear strategy of providing long-term price stability for customers during a period of high expenses in the short-term as the technology is upgraded. Although Fedwire Securities Service is not budgeted to fully cover its costs in 2018, the Board believes the Reserve Banks will recover Fedwire Securities Service costs in the long run. In 2018 Fedwire Securities Service is projected to underrecover, due to volume declines driven by market changes.3

    3 Fedwire Securities Service's ten-year average recovery rate in 2018 is 101.6 percent.

    The primary risks to the Reserve Banks' ability to achieve their targeted cost recovery rates are unanticipated volume and revenue reductions and the potential for cost overruns from new and ongoing improvement initiatives. In light of these risks, the Reserve Banks will continue to refine their business and operational strategies to manage operating costs, increase product revenue, and to capitalize on efficiencies gained from technology initiatives.

    4. 2018 Pricing—The following summarizes the Reserve Banks' changes in fee schedules for priced services in 2018:

    Check

    • The Reserve Banks will reassign the tier placement of 478 forward and 977 return endpoints in the FedForward® and FedReturn® products, respectively.4

    4 The Reserve Banks evaluate and set tier assignments annually based on changes in the volume of items received by endpoints.

    • The Reserve Banks will increase all per-item fees for the FedReturn product, except substitute check fees, by 3 percent, rounded to the nearest penny, based on the 2018 tier assignments.

    • The Reserve Banks will lower the average daily forward receipt volume thresholds for tiers 1, 2, and 3 of the FedForward product Premium Daily Fee A, B, and C deposit options based on 2018 tier assignments.

    • The Reserve Banks will increase fees for their paper check forward and return collection products to encourage depositors to shift volume away from legacy paper-related products. The Reserve Banks will increase the cash letter fee for paper forward deposits from $10 to $15, and increase the per-item fee for paper forward deposits and paper return deposits by $1 to $3.50 and $6.50 respectively.

    • The Reserve Banks will increase all fees for the FedImage® product by 10 percent (rounded to the nearest increment based upon the number of decimal places of the current fee).

    FedACH

    • The Reserve Banks will increase the base origination and receipt per-item fees from $0.0032 to $0.0035. The Reserve Banks also will increase per-item volume-based discounts by $0.0003 for certain origination discounts (depending on origination volume) and all receipt discounts.

    • The Reserve Banks will increase the monthly FedACH Participation Fee from $58 to $65.

    Fedwire Funds

    • The Reserve Banks will decrease the Tier 3 per-item pre-incentive fee from $0.17 to $0.16 per transaction.5

    5 The per-item pre-incentive fee is the fee that the Reserve Banks charge for transfers that do not qualify for incentive discounts. The Tier 1 per-item pre-incentive fee applies to the first 14,000 transfers, the Tier 2 per-item pre-incentive fee applies to the next 76,000 transfers, and the Tier 3 per-item pre-incentive fee applies to any additional transfers. The Reserve Banks apply an 80 percent incentive discount to transfers that are more than 60 percent of a customer's historic benchmark volume.

    • The Reserve Banks will decrease the Tier 3 per-item incentive fee, which is derived from the Tier 3 per-item pre-incentive fee, from $0.034 to $0.032.

    • The Reserve Banks will decrease the payment notification origination surcharge from $0.20 to $0.01.

    National Settlement Service (NSS)

    • The Reserve Banks will keep prices at existing levels for the priced NSS products.

    Fedwire Securities

    • The Reserve Banks will keep prices at existing levels for the priced Fedwire Securities products.

    FedLine® Access Solutions

    • The Reserve Banks will provide VPN devices directly to customers and include the provision of the devices in all FedLine Advantage®, FedLine Command®, and both FedLine Direct® packages.6 As a result, the $1,500 new customer credit will be eliminated and the monthly access fees will increase, ranging from $35 to $100, but include the VPN devices.

    6 Historically, customers purchased their VPNs directly from a vendor.

    • The Reserve Banks will introduce two new FedComplete® packages: FedComplete 100C Plus and FedComplete 200C Plus. The new FedComplete 100C Plus and 200C Plus packages, which use the same threshold volumes as the existing FedComplete packages, will include the FedLine Command access solution, rather than FedLine Advantage. FedComplete 100C Plus will be priced at $1,375 per month and FedComplete 200C Plus will be priced at $1,900 per month.

    • The Reserve Banks will make six additional FedComplete package changes: (1) Add the SameDay ACH origination participation fee and surcharge; (2) remove the FedMail®-FedLine Exchange® Subscriber 5-pack, consistent with the previously announced unbundling of the FedMail service; (3) increase the price of the existing volume overage monthly surcharges for FedForward, from $0.01 to $0.037, FedReturn, from $0.75 to $0.82, FedACH origination, from $0.0025 to $0.0035, and Fedwire Funds origination, from $0.70 to $0.82; (4) implement FedReceipt®, FedACH receipt, and Fedwire Funds receipt monthly surcharges of $0.00005, $0.00035, and $0.082, respectively; (5) implement a threshold limit of 46 items for FedForward Cash Letters; and (6) adjust FedComplete package prices to maintain an effective discount of less than 20 percent compared to the cost of purchasing services separately.

    • The Reserve Banks will increase the legacy software fee for FedLine Direct customers that have not converted to new IBM® MQ software. The fee will vary based on the number of customers remaining on the legacy system.

    5. 2018 Price Index—Figure 1 compares indexes of fees for the Reserve Banks' priced services with the GDP price index.7 The price index for Reserve Bank priced services is projected to decrease approximately 1 percent in 2018 from 2017. The price index for Check 21 services is projected to decrease less than 1 percent. The price index for the FedACH Service is projected to decrease less than 1 percent. The price index for the Fedwire Funds and National Settlement Services is projected to decrease nearly 4 percent. The price index for the Fedwire Securities Services is projected to decrease approximately 2 percent. For the period 2008 to 2018, the price index for total priced services is expected to decrease nearly 7 percent.

    7 For the period 2008 to 2016, the GDP price index increased 12.3 percent.

    EN15NO17.082

    B. Private Sector Adjustment Factor—The imputed debt financing costs, targeted ROE, and effective tax rate are based on a U.S. publicly traded firm market model.8 The method for calculating the financing costs in the PSAF requires determining the appropriate imputed levels of debt and equity and then applying the applicable financing rates. In this process, a pro forma balance sheet using estimated assets and liabilities associated with the Reserve Banks' priced services is developed, and the remaining elements that will exist are imputed as if these priced services were provided by a private business firm. The same generally accepted accounting principles that apply to commercial-entity financial statements apply to the relevant elements in the priced services pro forma financial statements.

    8 Data for U.S. publicly traded firms is from the Standard and Poor's Compustat® database. This database contains information on more than 6,000 U.S. publicly traded firms, which approximates the entirety of the U.S. market.

    The portion of Federal Reserve assets that will be used to provide priced services during the coming year is determined using information about actual assets and projected disposals and acquisitions. The priced portion of these assets is determined based on the allocation of depreciation and amortization expenses of each asset class. The priced portion of actual Federal Reserve liabilities consists of postemployment and postretirement benefits, accounts payable, and other liabilities. The priced portion of the actual net pension asset or liability is also included on the balance sheet.9

    9 The pension assets are netted with the pension liabilities and reported as a net asset or net liability as required by ASC 715 Compensation—Retirement Benefits.

    The equity financing rate is the targeted ROE produced by the capital asset pricing model (CAPM). In the CAPM, the required rate of return on a firm's equity is equal to the return on a risk-free asset plus a market risk premium. The risk-free rate is based on the three-month Treasury bill; the beta is assumed to be equal to 1.0, which approximates the risk of the market as a whole; and the market risk premium is based on the monthly returns in excess of the risk-free rate over the most recent 40 years. The resulting ROE reflects the return a shareholder will expect when investing in a private business firm.

    For simplicity, given that federal corporate income tax rates are graduated, state income tax rates vary, and various credits and deductions can apply, an actual income tax expense is not explicitly calculated for Reserve Bank priced services. Instead, the Board targets a pretax ROE that will provide sufficient income to fulfill the priced services' imputed income tax obligations. To the extent that performance results are greater or less than the targeted ROE, income taxes are adjusted using the effective tax rate.

    Capital structure. The capital structure is imputed based on the imputed funding need (assets less liabilities), subject to minimum equity constraints. Short-term debt is imputed to fund the imputed short-term funding need. Long-term debt and equity are imputed to meet the priced services long-term funding need at a ratio based on the capital structure of the U.S. publicly traded firm market. The level of equity must meet the minimum equity constraints, which follow the FDIC requirements for a well-capitalized institution. The priced services must maintain equity of at least 5 percent of total assets and 10 percent of risk-weighted assets.10 Any equity imputed that exceeds the amount needed to fund the priced services' assets and meet the minimum equity constraints is offset by a reduction in imputed long-term debt. When imputed equity is larger than what can be offset by imputed debt, the excess is imputed as investments in Treasury securities; income imputed on these investments reduces the PSAF.

    10 The FDIC rule, which was adopted as final on April 14, 2014, requires that well-capitalized institutions meet or exceed the following standards: (1) Total capital to risk-weighted assets ratio of at least 10 percent, (2) tier 1 capital to risk-weighted assets ratio of at least 8 percent, (3) common equity tier 1 capital to risk-weighted assets ratio of at least 6.5 percent, and (4) a leverage ratio (tier 1 capital to total assets) of at least 5 percent. Because all of the Federal Reserve priced services' equity on the pro forma balance sheet qualifies as tier 1 capital, only requirements 1 and 4 are binding. The FDIC rule can be located at https://www.fdic.gov/news/board/2014/2014-04-08_notice_dis_c_fr.pdf.

    Application of the Payment System Risk (PSR) Policy to the Fedwire Services. The Board's PSR policy reflects the new international standards for financial market infrastructures (FMIs) developed by the Committee on Payment and Settlement Systems and the Technical Committee of the International Organization of Securities Commissions in the Principles for Financial Market Infrastructures. 11 The revised policy retains the expectation that the Fedwire Services meet or exceed the applicable risk-management standards. Principle 15 states that an FMI will identify, monitor, and manage general business risk and hold sufficient liquid net assets funded by equity to cover potential general business losses so that it can continue operations and services as a going concern if those losses materialize. Further, liquid net assets will at all times be sufficient to ensure a recovery or orderly wind-down of critical operations and services. The Fedwire Services do not face the risk that a business shock will cause the service to wind down in a disorderly manner and disrupt the stability of the financial system. In order to foster competition with private-sector FMIs, however, the Reserve Banks' priced services will hold six months of the Fedwire Funds Service's current operating expenses as liquid financial assets and equity on the pro forma balance sheet.12 Current operating expenses are defined as normal business operating expenses on the income statement, less depreciation, amortization, taxes, and interest on debt. Using the Fedwire Funds Service's preliminary 2018 budget, six months of current operating expenses will be $51.4 million. In 2018, $1.5 million of equity was imputed to meet the FDIC capital requirements. No additional imputed equity was necessary to meet the PSR policy requirement.

    11See, Bank For International Settlements, https://www.bis.org/cpmi/publ/d101a.pdf.

    12 This requirement does not apply to the Fedwire Securities Service. There are no competitors to the Fedwire Securities Service that will face such a requirement, and imposing such a requirement when pricing the securities services could artificially increase the cost of these services.

    Effective tax rate. Like the imputed capital structure, the effective tax rate is calculated based on data from U.S. publicly traded firms. The tax rate is the mean of the weighted average rates of the U.S. publicly traded firm market over the past 5 years.

    Debt and equity financing. The imputed short- and long-term debt financing rates are derived from the nonfinancial commercial paper rates from the Federal Reserve Board's H.15 Selected Interest Rates release (AA and A2/P2) and the annual Merrill Lynch Corporate & High Yield Index rate, respectively. The rates for debt and equity financing are applied to the priced services estimated imputed short-term debt, long-term debt, and equity needed to finance short- and long-term assets and meet equity requirements.

    The increase in the 2018 PSAF to $18.9 million from $16.6 million in 2017 is primarily attributable to a $1.1 million increase in the cost of debt and a $0.8 million increase in the return on equity, both driven by increased imputed funding needs for long-term assets arising from a higher net pension asset balance. System sales tax expenses increased by $0.7 million and were offset, in part, by a $0.3 million decrease in Board of Governors expenses.

    Projected 2018 Federal Reserve priced services assets, reflected in table 3, have decreased $186.8 million from 2017. This decrease is primarily due to a $154.0 million decrease in the balance of items in process of collection and a $70.2 million decrease in imputed investments in federal funds, offset by a net increase of $35.7 million in the long-term assets inclusive of net pension asset; Bank premises, furniture, and equipment; and deferred charges. The decrease in net short-term assets to be financed of $3.6 million had a minimal effect on the PSAF. Net credit float (items in process of collection less deferred credit items) decreased by $154.0 million, primarily attributable to the continued effect of new deposit deadlines associated with the Endpoint Cut service deposit deadlines implemented in July 2016, which were intended to reduce float and items in process of collection. The decrease in net credit float had an equivalent effect on the balance of imputed investments in Treasury securities. The resulting balance of 2018 imputed investments in federal funds was sufficient to comply with the PSR policy expectations for Fedwire Funds, and no additional costs were incurred. As shown in table 3, imputed equity for 2018 is $57.8 million, a decrease of $0.7 million from the equity imputed for 2017. In accordance with ASC 715, this amount includes an accumulated other comprehensive loss of $637.2 million.

    Table 4 reflects the portion of short- and long-term assets that must be financed with actual or imputed liabilities and equity. Debt and equity imputed to fund the 2018 priced services assets within the observed market leverage ratio produced an equity level that did not meet the FDIC minimum equity requirements. As a result, additional equity was imputed to meet the FDIC requirements, and imputed long-term debt was reduced. The ratio of capital to risk-weighted assets meets the required 10 percent of risk-weighted assets, and equity exceeds 5 percent of total assets (table 6). In 2018, long-term debt and equity was imputed to meet the asset funding requirements and reflects the leverage ratio observed in the market; additional equity of $1.5 million was required (table 5) to meet the market leverage ratio.

    Table 5 shows the derivation of the 2018 and 2017 PSAF. Financing costs for 2018 are $1.9 million higher than in 2017. The allocation of equity based on the capital structure observed in the market increased in 2018 to 41.8 percent from 41.6 percent in 2017. The increased equity balance and the slightly higher cost of equity result in a pretax ROE that is $0.7 million higher than the 2017 pretax ROE. Imputed sales taxes increased to $3.9 million in 2018 from $3.2 million in 2017. The priced services portion of the Board's expenses decreased $0.3 million to $5.1 million in 2018. The effective income tax rate used in 2018 was 22.7 percent, the same rate used in 2017.

    Table 3—Comparison of Pro Forma Balance Sheets for Budgeted Federal Reserve Priced Services [Millions of dollars—projected average for year] 2018 2017 Change Short-term assets: Receivables $36.6 $36.6 $0.0 Materials and supplies 0.5 0.6 (0.1) Prepaid expenses 13.0 11.2 1.8 Items in process of collection 13 87.0 241.0 (154.0) Total short-term assets 137.1 289.4 (152.3) Imputed investments: 14 Imputed investment in Treasury Securities Imputed investment in Fed Funds 174.8 245.0 (70.2) Total imputed investments 174.8 245.0 (70.2) Long-term assets: Premises 15 103.9 128.7 (24.8) Furniture and equipment 38.9 39.0 (0.1) Leasehold improvements and long-term prepayments 100.3 104.8 (4.5) Net pension asset 76.6 10.9 65.7 Deferred tax asset 185.6 186.1 (0.5) Total long-term assets 505.3 469.6 35.7 Total assets 817.2 1,003.9 (186.8) Short-term liabilities: Deferred credit items 261.8 486.0 (224.2) Short-term debt 14.5 18.1 (3.6) Short-term payables 35.6 30.2 5.3 Total short-term liabilities 311.9 534.4 (222.5) Long-term liabilities: Pension liability Long-term debt 76.9 48.4 28.5 Postemployment/postretirement benefits and net pension liabilities 16 370.5 362.5 8.0 Total liabilities 759.3 945.3 (186.0) Equity 17 57.8 58.6 (0.7) Total liabilities and equity 817.2 1,003.9 (186.8)

    13 Credit float, which represents the difference between items in process of collection and deferred credit items, occurs when the Reserve Banks debit the paying bank for transactions prior to providing credit to the depositing bank. Float is directly estimated at the service level.

    14 Consistent with the Board's PSR policy, the Reserve Banks' priced services will hold six months of the Fedwire Funds Service's current operating expenses as liquid net financial assets and equity on the pro forma balance sheet. Six months of the Fedwire Funds Service's projected current operating expenses is $51.4 million. In 2018, $57.8 million of equity was imputed to meet the regulatory capital requirements.

    15 Includes the allocation of Board of Governors assets to priced services of $1.1 million for 2018 and $1.2 million for 2017.

    16 Includes the allocation of Board of Governors liabilities to priced services of $0.6 million for 2018 and 2017.

    17 Includes an accumulated other comprehensive loss of $637.2 million for 2018 and $635.1 million for 2017, which reflects the ongoing amortization of the accumulated loss in accordance with FAS 158 [ASC 715]. Future gains or losses, and their effects on the pro forma balance sheet, cannot be projected. See table 5 for calculation of required imputed equity amount.

    Table 4—Imputed Funding for Priced-Services Assets [Millions of dollars] 2018 2017 A. Short-term asset financing: Short-term assets to be financed: Receivables $36.6 $36.6 Materials and supplies 0.5 0.6 Prepaid expenses 13.0 11.2 Total short-term assets to be financed 50.1 48.4 Short-term payables 35.6 30.2 Net short-term assets to be financed 14.5 18.1 Imputed short-term debt financing 18 14.5 18.1 B. Long-term asset financing: Long-term assets to be financed: Premises 103.9 128.7 Furniture and equipment 38.9 39.0 Leasehold improvements and long-term prepayments 100.3 104.8 Net pension asset 76.6 10.9 Deferred tax asset 185.6 186.1 Total long-term assets to be financed 505.3 469.6 Net pension liability Postemployment/postretirement benefits and net pension liabilities 370.5 362.5 Net long-term assets to be financed 134.8 107.0 Imputed long-term debt 18 76.9 48.4 Imputed equity 18 57.8 58.6 Total long-term financing 134.8 107.0

    18 See table 5 for calculation.

    Table 5—Derivation of the 2018 and 2017 PSAF [Dollars in millions] 2018 Debt Equity 2017 Debt Equity A. Imputed long-term debt and equity: Net long-term assets to finance $134.8 $134.8 $107.0 $107.0 Capital structure observed in market 58.2% 41.8% 58.4% 41.6% Pre-adjusted long-term debt and equity $ 78.4 $ 56.4 $ 62.5 $ 44.5 Equity adjustments: 19 Equity to meet capital requirements 57.8 58.6 Adjustment to debt and equity funding given capital requirements 20 (1.5) 1.5 (14.1) 14.1 Adjusted equity balance 57.8 58.6 Equity to meet capital requirements 21 Total imputed long-term debt and equity $ 76.9 $ 57.8 $ 48.4 $ 58.6 B. Cost of capital: Elements of capital costs: Short-term debt 22 $ 14.5 × 1.3% = $ 0.2 $ 18.1 × 0.6% = $ 0.1 Long-term debt 22 76.9 × 3.8% = 3.0 48.4 × 4.0% = 1.9 Equity 23 57.8 × 11.7% = 6.7 58.6 × 10.2% = 6.0 $ 9.9 $ 8.0 C. Incremental cost of PSR policy: Equity to meet policy — × 11.7% = — × 10.2% = D. Other required PSAF costs: Sales taxes $ 3.9 $ 3.2 Board of Governors expenses 5.1 5.4 9.0 8.6 $ 18.9 $ 16.6 E. Total PSAF As a percent of assets 2.3% 1.5% As a percent of expenses 4.1% 3.9% F. Tax rates 22.7% 22.7%

    19 If minimum equity constraints are not met after imputing equity based on the capital structure observed in the market, additional equity is imputed to meet these constraints. The long-term funding need was met by imputing long-term debt and equity based on the capital structure observed in the market (see tables 4 and 6). In 2018, the amount of imputed equity met the minimum equity requirements for risk-weighted assets.

    20 Equity adjustment offsets are due to a shift of long-term debt funding to equity in order to meet FDIC capital requirements for well-capitalized institutions.

    21 Additional equity in excess of that needed to fund priced services assets is offset by an asset balance of imputed investments in treasury securities.

    22 Imputed short-term debt and long-term debt are computed at table 4.

    23 The 2017 ROE is equal to a risk-free rate plus a risk premium (beta * market risk premium). The 2017 after-tax CAPM ROE is calculated as 1.09% + (1.0 * 7.93%) = 9.03%. Using a tax rate of 22.7%, the after-tax ROE is converted into a pretax ROE, which results in a pretax ROE of (9.03%/(1-22.7%)) = 11.67%. Calculations may be affected by rounding.

    Table 6—Computation of 2018 Capital Adequacy for Federal Reserve Priced Services [Dollars in millions] Assets Risk
  • weight
  • Weighted
  • assets
  • Imputed investments: 1-Year Treasury securities 24 Federal funds 25 $174.8 0.2 $35.0 Total imputed investments 174.8 35.0 Receivables 36.6 0.2 7.3 Materials and supplies 0.5 1.0 0.5 Prepaid expenses 13.0 1.0 13.0 Items in process of collection 87.0 0.2 17.4 Premises 103.9 1.0 103.9 Furniture and equipment 38.9 1.0 38.9 Leasehold improvements and long-term prepayments 100.3 1.0 100.3 Net pension asset 76.6 1.0 76.6 Deferred tax asset 185.6 1.0 185.6 Total $817.2 $578.4 Imputed equity: Capital to risk-weighted assets 10.0% Capital to total assets 7.1%

    C. Check Service—Table 7 shows the 2016 actual, 2017 estimated, and 2018 budgeted cost-recovery performance for the commercial check service.

    24 If minimum equity constraints are not met after imputing equity based on all other financial statement components, additional equity is imputed to meet these constraints. Additional equity imputed to meet minimum equity requirements is invested solely in Treasury securities. The imputed investments are similar to those for which rates are available on the Federal Reserve's H.15 statistical release, which can be located at http://www.federalreserve.gov/releases/h15/data.htm.

    25 The investments are imputed based on the amounts arising from the collection of items prior to providing credit according to established availability schedules.

    Table 7—Check Service Pro Forma Cost and Revenue Performance [Dollars in millions] Year Revenue Total expense Met income (ROE) Targeted ROE Recovery rate after targeted ROE
  • (%)
  • 1 2 3
  • [1-2]
  • 4 5
  • [1/(2 + 4)]
  • 2016 (actual) 154.2 135.6 18.6 1.3 112.7 2017 (estimate) 142.6 134.7 7.9 1.4 104.8 2018 (budget) 135.4 132.2 3.1 1.6 101.2

    1. 2017 Estimate—The Reserve Banks estimate that the check service will recover 104.8 percent of total expenses and targeted ROE, compared with a 2017 budgeted recovery rate of 104.1 percent. Greater-than-expected check volumes processed by the Reserve Banks and lower-than-expected costs have influenced the check service's cost recovery.

    The decline in Reserve Bank check volume was not as great as previously anticipated. Through August, both total commercial forward and total commercial return check volumes were only 0.4 percent lower than they were during the same period last year. Consistent with anticipated fourth quarter declines, for full-year 2017, the Reserve Banks estimate that their total forward check volume will decline 1.3 percent (compared with a budgeted decline of 5.0 percent) and their total return check volume will decline 1.0 percent (compared with a budgeted decline of 10.1 percent) from 2016 levels.26

    26 Total Reserve Bank forward check volumes are expected to be 5.2 billion in 2017. Total Reserve Bank return check volumes are expected to be 31.8 million in 2017.

    2. 2018 Pricing—The Reserve Banks expect the check service to recover 101.2 percent of total expenses and targeted ROE in 2018. The Reserve Banks project revenue to be $135.4 million, a decline of 5.0 percent from the 2017 estimate. This decline is driven in part by an anticipated continued general decline in the number of checks written and competition from correspondent banks, aggregators, and direct exchanges.27 Total expenses for the check service are projected to be $132.2 million, a decrease of $2.5 million, or 1.9 percent, from 2017 expenses, primarily because of reduced operating costs, including cost savings associated with increased efficiencies of the Reserve Banks' customer support services.

    27 The Reserve Banks estimate that total commercial forward check volumes in 2018 will decline 4.7 percent, to 4.9 billion, and total commercial return check volumes will decline 3.5 percent, to 30.7 million in 2018.

    The Reserve Banks evaluate and set tier assignments annually based on changes in the volume of items received by endpoints. In 2018, the Reserve Banks will reassign the tier placement of 478 forward and 977 return endpoints in the FedForward and FedReturn products, respectively.28

    28 The tiers for 2018 are available at https://www.frbservices.org/resources/fees/check-2018.html.

    Based on these 2018 tier assignments, the Reserve Banks will for the FedReturn deposit options (FedReturn Standard ICL and FedReturn Premium Daily Fee A) increase all per-item fees, except substitute checks, by 3 percent, rounded to the nearest penny. Table 8 shows the 2018 fees.

    Table 8—FedReturn Per-Item Fees 9:00 p.m. 1:00 a.m. 12:30 p.m. FedReturn Standard ICL: Tier 1 $0.15 $0.45 $0.15 Tier 2 0.21 0.51 0.21 Tier 3 0.62 0.92 0.62 Tier 4 0.82 1.12 0.82 PDF 1.03 1.33 1.03 Substitute Check 1.50 1.50 1.50 FedReturn Premium Daily Fee A: Tier 0 0.01 0.03 Tier 1 0.05 0.07 Tier 2 0.10 0.12 Tier 3 0.52 0.54 Tier 4 0.72 0.74 PDF 0.93 0.95 Substitute Check 1.50 1.50

    The Reserve Banks will also lower the average daily receipt volume thresholds for tiers 1, 2, and 3 of the FedForward daily subscription fee premium deposit options (FedForward Premium Daily Fee A, B, and C).29 Table 9 shows the 2017 volume thresholds and the 2018 thresholds.

    29 As part of the Reserve Banks 2016 restructured FedForward and FedReturn fee schedules, the Reserve Banks use a volume-based tiered pricing structure to determine per-item fees based on the average daily receipt volume an endpoint receives from chartered institutions through the Reserve Banks. Tiers for the three premium variations of the Reserve Banks' daily subscription fee deposit options (FedForward Premium Daily Fee A, B, and C) are based only on volume received by the Reserve Banks' top 15 customers, which represent the likely users of the deposit options. These premium daily fee options include a fifth tier, Tier 0, composed of routing numbers for which the Reserve Banks currently receive little to no volume from the specified subset of Reserve Bank customers (and which therefore cannot currently be assigned to the other tiers with sufficient predictability). Tier 0 is evaluated annually, along with all other tiers and endpoints, and endpoints cannot be placed in Tier 0 if they have previously been assigned to one of the other tiers.

    Table 9—Forward Premium Daily Deposit Option Tier Volume Thresholds Tier 2017 average daily forward receipt volume items/day 2018 average daily forward receipt volume items/day 0 See explanation below * See explanation below.* 1 Over 30,000 Over 25,000. 2 4,000-30,000 3,301-25,000. 3 750-4,000 750-3,300. 4 Less than 750 Less than 750. * Tier 0 consists of financial institutions that meet both of the following criteria: 1. Less than 10 percent of their Reserve Bank forward receipt volume was deposited with the Reserve Banks by Premium Daily Fee depositors during the sample period, and 2. Their average daily Reserve Bank forward receipt volume exceeded 150 items per day during the sample period.

    Together, these changes to the Reserve Banks' FedReturn pricing and FedForward Premium Daily Fee volume thresholds are intended to facilitate longer-term cost recovery for the check service while providing price stability for customers that may otherwise experience significant price fluctuations as a result of the Reserve Banks' 2018 tier assignments.

    Finally, in light of today's electronic check-processing environment, the Reserve Banks will increase fees to encourage depositors to shift volume away from legacy paper-related products. The Reserve Banks will increase the cash letter fee for paper forward deposits from $10 to $15, and increase the per-item fee for paper forward deposits and paper return deposits by $1 from $2.50 to $3.50 and from $5.50 to $6.50, respectively.30 The Reserve Banks will also increase all fees for the FedImage product 10 percent, rounded to the nearest decimal place.31 Table 10 shows the 2018 FedImage fees.

    30 Increases apply to both unencoded and encoded forward deposits, and qualified and unqualified return deposits. Unencoded forward items are those items deposited without encoding of certain elements, such as amount, added to the MICR line. Unqualified items are those return items that have not been prepared for automated processing.

    31 Because of rounding, the individual price increases range from 9 percent to 12.5 percent.

    Table 10—FedImage Service Fees Fixed fee Per item fee Image Archive: Image Capture + 7 business day archive $5.50 $0.0080 Image Capture On-Us Surcharge 0.0193 30 business day archive 0.0010 60 business day archive 0.0012 7-year archive/11-year archive 0.0018 Dual archive (Transition period up to 120 days) 0.0011 Extended dual archive (More than 120 days) 0.0110 Back File Conversion 3.85 0.0110 Electronic On-Us Service 3.85 0.0110 Extended RAID Storage: 61 days to 6 months 0.0009 61 days to 12 months 0.0022 61 days to 24 months 0.0055 Image Retrievals: Retrievals to view via FedLine Web® inquiry 0.3900 Retrievals to email via FedLine Web: Request via FedLine Web inquiry 0.3900 Recurring request 0.3900 Image Access and Retrievals through a Gateway 0.3900 Subscription Retrievals 0.0024 Manual FedImage Requests (requests performed by FRB staff) 6.6000 Image Delivery: Physical Media: CD-ROM Select Accounts Service—RAID 16.50 0.0170 CD-ROM—Tape 16.50 0.1100

    The Reserve Banks estimate that the announced price changes will result in a 0.4 percent average price increase for check customers.

    The primary risks to the Reserve Banks' ability to achieve budgeted 2018 cost recovery for the check service include greater-than-expected declines in check volume due to the general reduction in check writing and increased competition from correspondent banks, aggregators, and direct exchanges, which will result in lower-than-anticipated revenue.

    D. FedACH Service—Table 11 shows the 2016 actual, 2017 estimate, and 2018 budgeted cost-recovery performance for the commercial FedACH service.

    Table 11—FedACH Service Pro Forma Cost and Revenue Performance [Dollars in millions] Year 1
  • Revenue
  • 2
  • Total expense
  • 3
  • Net income
  • (ROE)
  • 4
  • Targeted ROE
  • 5
  • Recovery rate after targeted ROE
  • (%)
  • 1 2 3
  • [1-2]
  • 4 5
  • [1/(2 + 4)]
  • 2016 (actual) 131.0 131.4 −0.3 1.3 98.8 2017 (estimate) 141.3 142.9 −1.6 1.6 97.8 2018 (budget) 148.5 152.4 −4.0 1.9 96.2

    1. 2017 Estimate—The Reserve Banks estimate that the FedACH service will recover 97.8 percent of total expenses and targeted ROE, compared with a 2017 budgeted recovery rate of 95.7 percent, as the 2017 hiring freeze resulted in lower-than budgeted operating costs. Through August, FedACH commercial origination and receipt volume was 6.0 percent higher than it was during the same period last year. For full-year 2017, the Reserve Banks estimate that FedACH commercial origination and receipt volume will increase 5.8 percent from 2016 levels, in line with the budgeted increase of 5.7 percent.

    2. 2018 Pricing—The Reserve Banks expect the FedACH service to recover 96.2 percent of total expenses and targeted ROE in 2018. FedACH commercial origination and receipt volume is projected to grow 5.2 percent, contributing to an increase of $7.2 million in total revenue, from the 2017 estimate. Total expenses are projected increase $9.5 million from 2017 expenses, primarily because of costs associated with the development of the new FedACH technology platform.

    The Reserve Banks will increase the base per-item fees for origination and receipt from $0.0032 to $0.0035. The Reserve Banks will also increase per-item volume-based discounts by $0.0003 for origination discounts based on origination volume and all receipt discounts. There are no changes to the existing origination volume discounts based on receipt volume. These changes provide an effective offset with no price change for customers meeting the volume discount thresholds. The Reserve Banks will also increase the monthly FedACH Participation Fee from $58 to $65.

    The Reserve Banks estimate that the combined price changes will result in a 3.6 percent average price increase for FedACH customers.

    While the Reserve Banks are not budgeted to fully recover costs in 2018, they are expected to fully recover costs following the finalization of the FedACH technology modernization project. To fully recover costs in 2018, fees will need to be significantly increased to cover the increased costs associated with the technology upgrade, which will result in significant overrecovery once the upgrade is complete. Instead the Reserve Banks continue to moderately increase FedACH fees to minimize pricing volatility and promote long-term price stability for customers.

    The primary risks to the Reserve Banks' ability to achieve budgeted 2018 cost recovery for the FedACH service are unanticipated cost overruns associated with the FedACH technology modernization project and higher-than-expected support and overhead costs. Other risks include lower-than-expected volume and associated revenue due to unanticipated mergers and acquisitions and loss of market share due to exchanges directly between banks and volume shifts to the private-sector operator.

    E. Fedwire Funds and National Settlement Services—Table 12 shows the 2016 actual, 2017 estimate, and 2018 budgeted cost-recovery performance for the Fedwire Funds and National Settlement Services.

    Table 12—Fedwire Funds and National Settlement Services Pro Forma Cost and Revenue Performance [Dollars in millions] Year 1
  • Revenue
  • 2
  • Total expense
  • 3
  • Net income
  • (ROE)
  • 4
  • Targeted ROE
  • 5
  • Recovery
  • rate after
  • targeted ROE
  • (%)
  • 1 2 3
  • [1-2]
  • 4 5
  • [1/(2 + 4)]
  • 2016 (actual) 123.0 117.8 5.3 1.3 103.3 2017 (estimate) 130.0 121.6 8.5 1.3 105.9 2018 (budget) 130.6 124.1 6.5 1.4 104.0

    1. 2017 Estimate—The Reserve Banks estimate that the Fedwire Funds and National Settlement Services will recover 105.9 percent of total expenses and targeted ROE, compared with a 2017 budgeted recovery rate of 101.1 percent. Through August, Fedwire Funds Service online volume was 3.4 percent higher than it was during the same period last year. For full-year 2017, the Reserve Banks estimate that Fedwire Funds Services online volume will increase 1.1 percent from 2016 levels, compared with the 1.1 percent volume decrease that had been budgeted. Through August, the National Settlement Service (NSS) settlement file volume was 0.8 percent higher than it was during the same period last year, and settlement entry volume was 5.3 percent higher. For the full year, the Reserve Banks estimate that settlement file volume will increase 0.3 percent (compared with a budgeted 5.7 percent increase) and settlement entry volume will increase 4.0 percent from 2016 levels (compared with a budgeted 0.6 percent increase). The 2017 estimate for the NSS settlement file volume is lower than budgeted because the 2017 budget included an assumption of additional arrangements that never materialized. The NSS settlement entry volume grew more than expected due to an existing arrangement that increased entries submitted by 50 percent.

    2. 2018 Pricing—The Reserve Banks expect the Fedwire Funds and National Settlement Services to recover 104.0 percent of total expenses and targeted ROE. Revenue is projected to be $130.6 million, an increase of 0.5 percent from the 2017 estimate. The Reserve Banks project total expenses to be $2.5 million higher than the 2017 expenses, primarily reflecting investments in new initiatives to improve resiliency and operational functionality as well as other business and technology initiatives.

    The Reserve Banks will adjust the incentive pricing fees for the Fedwire Funds Service by decreasing the Tier 3 per-item pre-incentive fee from $0.17 to $0.16.32 The Tier 3 per-item incentive fee, which is derived from the Tier 3 per-item pre-incentive fee, will decrease from $0.034 to $0.032. The Reserve Banks will also decrease the payment notification origination surcharge from $0.20 to $0.01. The Reserve Banks estimate that the price changes will result in a 1.2 percent average price decrease for Fedwire Funds customers.

    32 The per-item pre-incentive fee is the fee that the Reserve Banks charge for transfers that do not qualify for incentive discounts. The Tier 1 per-item pre-incentive fee applies to the first 14,000 transfers, the Tier 2 per-item pre-incentive fee applies to the next 76,000 transfers, and the Tier 3 per-item pre-incentive fee applies to any additional transfers. The Reserve Banks apply an 80 percent incentive discount to transfers once the volume of transfers is greater than 60 percent of a customer's historic benchmark volume.

    The Reserve Banks will not change NSS fees for 2018.

    The primary risks to the Reserve Banks' ability to achieve budgeted 2018 cost recovery for these services are cost overruns from new initiatives to improve resiliency and operational functionality.

    F. Fedwire Securities Service—Table 13 shows the 2016 actual, 2017 estimate, and 2018 budgeted cost recovery performance for the Fedwire Securities Service.33

    33 The Reserve Banks provide transfer services for securities issued by the U.S. Treasury, federal government agencies, government-sponsored enterprises, and certain international institutions. The priced component of this service, reflected in this memorandum, consists of revenues, expenses, and volumes associated with the transfer of all non-Treasury securities. For Treasury securities, the U.S. Treasury assesses fees for the securities transfer component of the service. The Reserve Banks assess a fee for the funds settlement component of a Treasury securities transfer; this component is not treated as a priced service.

    Table 13—Fedwire Securities Service Pro Forma Cost and Revenue Performance [dollars in millions] Year 1
  • Revenue
  • 2
  • Total expense
  • 3
  • Net income
  • (ROE)
  • 4
  • Targeted ROE
  • 5
  • Recovery
  • rate after
  • targeted ROE
  • (%)
  • 1 2 3
  • [1-2]
  • 4 5
  • [1/(2 + 4)]
  • 2016 (actual) 25.9 25.8 0.0 0.2 99.2 2017 (estimate) 28.4 27.3 1.1 0.3 103.1 2018 (budget) 27.3 27.7 −0.4 0.3 97.2

    1. 2017 Estimate—The Reserve Banks estimate that the Fedwire Securities Service will recover 103.1 percent of total expenses and targeted ROE, compared with a 2017 budgeted recovery rate of 97.8 percent. The Reserve Banks incurred lower-than-budgeted operating costs, offsetting lower-than-budgeted volume estimates in key services, which led to a higher-than-expected recovery.

    Through August, Fedwire Securities Service online agency transfer volume was 7.9 percent lower than it was during the same period last year. For full-year 2017, the Reserve Banks estimate that Fedwire Securities Service online agency transfer volume will decline 14.7 percent from 2016 levels, compared with a budgeted decline of 11.8 percent. The reduction in volume primarily reflects three market trends. First, JP Morgan Chase is exiting the U.S. government securities clearing and settlement business for its broker-dealer services, which began gradually in 2017 and is targeted to be complete by the end of 2018.34 Second, increase interest rates have led to less prepayment on mortgages and decreasing issuance, which in turn have led to a decrease in settlement activity for agency mortgage-backed securities over Fedwire Securities. Third, the Fixed Income Clearing Corporation launched a new netting settlement logic in January 2016 and launched the Mortgage-Backed Securities (MBS) novation project in mid-2017, in a phased- in approach, which led to the reduction in the number of Agency securities transfers over the Fedwire Securities Service.35

    34 JP Morgan Chase announced in July 2016, its intent to exit the government securities clearing and settlement business. In light of JP Morgan Chase's exit, broker-dealer services are housed almost exclusively at BNY Mellon.

    35 Information on the Fixed Income Clearing Corporation's new settlement logic and the MBS novation project can be found at http://www.dtcc.com/.

    Through August, account maintenance volume was 5.5 percent lower than it was during the same period last year. For full-year 2017, the Reserve Banks estimate that account maintenance volume will decline 5.5 percent from 2016 levels, compared with a budgeted decline of 7.6 percent. The higher-than-expected account maintenance volume is the result of estimated customer account closures not materializing. Through August, the number of agency issues maintained was 3.8 percent lower than the same period last year. For full-year 2017, the Reserve Banks estimate that the number of agency issues maintained will decline 3.1 percent from 2016 levels, compared with a budgeted decline of 2.1 percent.

    2. 2018 Pricing—The Reserve Banks expect the Fedwire Securities Service to recover 97.2 percent of total expenses and targeted ROE in 2018. The Reserve Banks project that online agency transfer activity will decline 11.0 percent in 2018, the number of accounts maintained will decrease 3.5 percent, and the number of agency issues maintained will decrease 1.7 percent.36 The Reserve Banks continue to project a decrease in online transfers as JP Morgan Chase's exit from the U.S. government securities clearing and settlement business for its broker-dealer services continues and reaches steady state by the end of 2018 and FICC's netting changes are fully adopted. In addition, if interest rates continue to increase, rate increases may lead to less mortgage refinancing, and, in turn, less issuance and settlement activity for mortgage-backed securities over Fedwire Securities. Moreover, the reduction in Agency debt issuance, reflecting the U.S. Treasury and the Federal Housing Finance Agency's requirement for a reduction in government-sponsored enterprise portfolios, will lead to reduced funding needed for new debt issuance.37

    36 The online transfer fee, monthly account maintenance fee, and monthly issue maintenance fee accounted for approximately 94 percent of total Fedwire Securities Service revenue through August 2017.

    37 Government-sponsored enterprises are reducing their retained portfolio 15 percent annually through 2018, as mandated by the Senior Preferred Stock Purchase Agreements, until each portfolio reaches a target level of $250 billion. Further information on these agreements can be found at https://www.fhfa.gov/senior-preferred-stock-purchase-agreements.

    Revenue is projected to be $27.3 million, a decrease of 3.9 percent from the 2017 estimate. The Reserve Banks also project that 2018 expenses will increase by $0.4 million compared with 2017 expenses, reflecting higher expected operating costs. Higher operating costs in 2018 primarily reflect investments to advance new initiatives to improve resiliency and operational functionality as well as other business and technology initiatives.

    The Reserve Banks will not change Fedwire Securities fees for 2018.

    The primary risks to the Reserve Banks' ability to achieve budgeted 2018 cost recovery for these services are lower-than-expected volume resulting from the pace of structural changes in government securities settlement, and cost overruns from new initiatives to improve resiliency and operational functionality.

    G. FedLine Access—The Reserve Banks charge fees for the electronic connections that depository institutions use to access priced services and allocate the costs and revenue associated with this electronic access to the various priced services. There are currently six FedLine channels through which customers can access the Reserve Banks' priced services: FedMail, FedLine Exchange, FedLine Web, FedLine Advantage, FedLine Command, and FedLine Direct.38 The Reserve Banks package these channels into eleven FedLine packages, described below, that are supplemented by a number of premium (or á la carte) access and accounting information options. In addition, the Reserve Banks offer FedComplete packages, which are bundled offerings of FedLine connections and a fixed number of FedACH, Fedwire Funds, and Check 21-enabled services.

    38 FedMail, FedLine Exchange, FedLine Web, FedLine Advantage, FedLine Command, and FedLine Direct are registered trademarks of the Federal Reserve Banks.

    Eight attended access packages offer manual access to critical payment and information services via a web-based interface. The FedMail package provides access to basic information services via email, while the two FedLine Exchange packages are designed to provide certain services, such as the E-Payments Routing Directory, to customers that otherwise do not use FedLine for Federal Reserve Financial Services. The two FedLine Web packages offer online attended access to a range of services, including cash services, FedACH information services, and check services. Three FedLine Advantage packages expand upon the FedLine Web packages and offer attended access to critical transactional services: FedACH, Fedwire Funds, and Fedwire Securities.

    Three unattended access packages are computer-to-computer, IP-based interfaces. The FedLine Command package offers an unattended connection to FedACH as well as to most accounting information services. The two remaining options are FedLine Direct packages, which allow for unattended connections at one of two connection speeds to FedACH, Fedwire Funds, and Fedwire Securities transactional and information services and to most accounting information services.39

    39 None of the FedLine packages offer an unattended connection to check services. The Reserve Banks offer an unattended check product, Check 21 Large File Delivery, outside of FedLine that allows a depository institution to upload and download check image cash letters automatically via a direct network connection to the Reserve Banks.

    The Reserve Banks will modify the existing monthly fees for FedLine Advantage, Command, and Direct and FedComplete packages to include the price of one or two VPN devices, depending on the package, plus the cost of associated vendor maintenance activities.40 Historically, customers purchased their VPNs directly from a vendor. As a result, the $1,500 new customer credit for FedComplete customers will be eliminated. This credit was originally designed to offset the one-time startup costs associated largely with the VPN device purchase. The price modifications to include one VPN device is a price increase of $35 for FedLine Advantage, FedLine Advantage Plus, and FedLine Command Plus and a price increase of $50 for FedLine Direct Plus. The price modifications to include two VPN devices is a price increase of $70 for FedLine Advantage Premier and a price increase of $100 for FedLine Direct Premier packages. Reserve Bank provisioning of VPN devices will improve resiliency and increase billing efficiency.

    40 For FedLine Advantage and Command, this hardware is Customer Premises Equipment (CPE) or a Virtual Private Network (VPN) device. For FedLine Direct, the hardware is commonly a Wide Area Network (WAN) router.

    VPN devices are being upgraded to Sprint's VPN Managed Solution starting 2018 through 2020 as part of a three-year refresh cycle. New devices will be provisioned to customers, in waves, starting mid-2018.

    The Reserve Banks will also introduce two FedComplete packages, FedComplete 100C Plus and FedComplete 200C Plus, priced at $1,375 and $1,900 per month, respectively.41 These packages will capitalize on existing FedComplete pricing discounts and include the FedLine Command access solution. The packages are targeted toward lower-volume customers to help automate their processing of SameDay ACH transactions and reduce their overall fees. These new packages will simplify service selection and increase fee predictability.

    41 All changes to the existing FedComplete packages for 2018 will also be incorporated in the FedComplete 100C Plus and FedComplete 200C Plus packages.

    In addition to the changes above for the 2018 FedComplete packages, the Reserve Banks will make six other package changes to maintain consistency with other product offices' product and pricing changes: (1) Add the SameDay ACH origination participation fee and surcharge; (2) remove FedMail-FedLine Exchange Subscriber 5-pack, consistent with the previously announced unbundling of the FedMail service; (3) increase volume overage surcharges for FedForward, from $0.01 to $0.037, FedReturn from $0.75 to $0.82, FedACH origination from $0.0025 to $0.0035, and Fedwire Funds origination from $0.70 to $0.82; (4) implement FedReceipt, FedACH receipt and Fedwire Funds transaction receipt surcharges of $0.00005, $0.00035, and $0.082, respectively; (5) implement a threshold limit of 46 items for FedForward Cash Letters; and (6) adjust FedComplete package prices to maintain an effective discount of less than 20 percent compared to the cost of purchasing services separately.42

    42 Customers that use priced FedMail services will be required to purchase the FedMail-FedLine Exchange Subscriber 5-pack separately.

    Finally, the Reserve Banks will increase the legacy software fee for FedLine Direct customers that have not converted to new IBM® MQ software. The fee will vary based on the number of customers remaining on the legacy system, up to $80,000/month through 3/31/18 and up to $150,000/month thereafter.

    The Reserve Banks estimate that the price changes will result in a 4.3 percent average price increase for FedLine customers. This is primarily driven by the VPN device billing changes.

    II. Analysis of Competitive Effect

    All operational and legal changes considered by the Board that have a substantial effect on payment system participants are subject to the competitive impact analysis described in the March 1990 policy “The Federal Reserve in the Payments System.” 43 Under this policy, the Board assesses whether proposed changes will have a direct and material adverse effect on the ability of other service providers to compete effectively with the Federal Reserve in providing similar services because of differing legal powers or constraints or because of a dominant market position deriving from such legal differences. If any proposed changes create such an effect, the Board must further evaluate the changes to assess whether the benefits associated with the changes—such as contributions to payment system efficiency, payment system integrity, or other Board objectives—can be achieved while minimizing the adverse effect on competition.

    43 Federal Reserve Regulatory Service (FRRS) 9-1558.

    The 2018 fees, fee structures, and changes in service will not have a direct and material adverse effect on the ability of other service providers to compete effectively with the Reserve Banks in providing similar services. The changes should permit the Reserve Banks to earn a ROE that is comparable to overall market returns and provide for full cost recovery over the long run.

    III. 2018 Fee Schedules FedACH Service 2018 Fee Schedule [Effective January 2, 2018. Bold indicates changes from 2017 prices.] Fee FedACH minimum monthly fee: Originating Depository Financial Institution (ODFI) 44 $50.00. Receiving Depository Financial Institution (RDFI) 45 40.00. Origination (per item or record): Forward or return items 0.0035. SameDay Service—forward item 46 0.0010 surcharge. Addenda record 0.0015. FedLine Web-originated returns and notification of change (NOC) 47 0.35. Facsimile Exception Return/NOC 48 45.00. SameDay Exception Return 45.00. Automated NOC 0.20. Volume-based discounts (based on monthly billed origination volume)49 per item when origination volume is: 750,001 to 1,500,000 items per month 0.0008 discount. more than 1,500,000 items per month 0.0010 discount. Volume-based discounts (based on monthly billed receipt volume)50 per item when receipt volume is: 10,000,001 to 15,000,000 items per month 0.0002 discount. more than 15,000,000 items per month 0.0003 discount. Receipt (per item or record): Forward Item 0.0035. Return Item 0.0075. Addenda record 0.0015. Volume-based discounts: Non-Premium Receivers51 per item when volume is: 750,001 to 12,500,000 items per month52 0.0017 discount. more than 12,500,000 items per month53 0.0019 discount. Premium Receivers, Level One54 per item when volume is: 750,001 to 1,500,000 items per month52 0.0017 discount. 1,500,001 to 2,500,000 items per month53 0.0017 discount. 2,500,001 to 12,500,000 items per month53 0.0018 discount. more than 12,500,000 items per month53 0.0020 discount. Premium Receivers, Level Two55 per item when volume is: 750,001 to 1,500,000 items per month52 0.0017 discount. 1,500,001 to 2,500,000 items per month53 0.0017 discount. 2,500,001 to 12,500,000 items per month53 0.0019 discount. more than 12,500,000 items per month53 0.0021 discount. FedACH Bundled Package Pricing Discount: Monthly Bundled Service Package Discount 56 20.00 discount. Monthly FedACH Risk® Management fees: 57 For up to 5 criteria sets 35.00. For 6 through 11 criteria sets 70.00. For 12 through 23 criteria sets 125.00. For 24 through 47 criteria sets 150.00. For 48 through 95 criteria sets 250.00. For 96 through 191 criteria sets 425.00. For 192 through 383 criteria sets 675.00. For 384 through 584 criteria sets 850.00. For more than 585 criteria sets 1,100.00. Risk origination monitoring batch (based on total monthly volume): For 1 through 100,000 batches (per batch) 0.007. For more than 100,000 batches (per batch) 0.0035. Monthly FedPayments® Reporter Service: FedPayments Reporter Service package pricing includes: ACH Received Entries Detail—Customer and Depository Financial Institution. ACH Return Reason Report—Customer and Depository Financial Institution. ACH Volume Summary by SEC Code—Customer. Customer Transaction Activity. Death Notification. International (IAT). Notification of Change. Payment Data Information File. Remittance Advice Detail. Remittance Advice Summary. Return Item. Return Ratio. Social Security Beneficiary. Originator Setup. Report Delivery via FedLine Access Solution. On Demand Surcharge 1.00. Report delivery via FedLine file access solution (monthly fee): For up to 50 reports 40.00. For 51 through 150 reports 60.00. For 151 through 500 reports 110.00. For 501 through 1,000 reports 200.00. For 1,001 through 1,500 reports 285.00. For 1,501 through 2,500 reports 460.00. For 2,501 through 3,500 reports 640.00. For 3,501 through 4,500 reports 820.00. For 4,501 through 5,500 reports 995.00. For 5,501 through 7,000 reports 1,225.00. For 7,001 through 8,500 reports 1,440.00. For 8,501 through 10,000 reports 1,650.00. For more than 10,000 reports 1,800.00. Premier reports (per report generated): 58 For 1 through 5 reports 10.00. For 6 through 10 reports 6.00. For 11 or more reports 1.00. On Demand Surcharge 1.00. ACH Routing Number Activity Report: For 1 through 5 reports 10.00. For 6 through 10 reports 6.00. For 11 or more reports 1.00. On Demand Surcharge 1.00. On-us inclusion: Participation (monthly fee per RTN) 10.00. Per-item 0.0030. Per-addenda 0.0015. Report delivery via encrypted email (per email) 0.20. Other Fees and Discounts: Monthly fee (per routing number): FedACH Participation Fee59 65.00. SameDay Service Origination Participation Fee 60 10.00 surcharge. FedACH Settlement Fee 61 55.00. FedACH Information File Extract Fee 150.00. IAT Output File Sort Fee 75.00. Fixed Participation Fee—Automated NOCs 62 5.00. Non-Electronic Input/Output fee 63 CD/DVD (CD or DVD) 50.00. Paper (file or report) 50.00. Fees and Credits Established by NACHA: 64 NACHA Same Day Entry fee (per item) 0.052. NACHA Same Day Entry credit (per item) 0.052 (credit). NACHA Unauthorized Entry fee (per item) 4.50. NACHA Unauthorized Entry credit (per item) 4.50 (credit). NACHA Admin Network fee (monthly fee per RTN) 22.00. NACHA Admin Network fee (per entry) 0.000185. FedGlobal® ACH Payments: 65 Fixed Monthly Fee: 66 Monthly origination volume more than 500 items 185.00. Monthly origination volume between 161 and 500 items 60.00. Monthly origination volume less than 161 items 20.00. Per-item Origination Fee for Monthly Volume more than 500 Items (surcharge) 67 Canada service 0.50. Mexico service 0.55. Panama service 0.60. Europe service 1.13. Per-item Origination Fee for Monthly Volume between 161 and 500 items (surcharge) 67 Canada service 0.75. Mexico service 0.80. Panama service 0.85. Europe service 1.38. Per-item Origination Fee for Monthly Volume Less than 160 items (surcharge) 67 Canada service 1.00. Mexico service 1.05. Panama service 1.10. Europe service 1.63. Other FedGlobal ACH Payments Fees: Canada service Return received from Canada 68 0.99 (surcharge). Trace of item at receiving gateway 5.50. Trace of item not at receiving gateway 7.00. Mexico service Return received from Mexico 68 0.91 (surcharge). Item trace 13.50. Foreign currency to foreign currency (F3X) item originated to Mexico 67 0.67 (surcharge). Panama service Return received from Panama 68 1.00 (surcharge). Item trace 7.00. NOC 0.72. Europe service F3X item originated to Europe 67 1.25 (surcharge). Return received from Europe 68 1.35 (surcharge). Item trace 7.00.

    44 Any ODFI incurring less than $50 for the following fees will be charged a variable amount to reach the minimum: Forward value and non-value item origination fees, and FedGlobal ACH origination surcharges.

    45 Any RDFI not originating forward value and non-value items and incurring less than $40 in receipt fees will be charged a variable amount to reach the minimum. Any RDFI that originates forward value and nonvalue items incurring less than $50 in forward value and nonvalue item origination fees will only be charged a variable amount to reach the minimum monthly origination fee.

    46 This surcharge is assessed on all forward items that qualify for same day processing and settlement and is incremental to the standard origination item fee.

    47 The fee includes the item and addenda fees in addition to the conversion fee.

    48 The fee includes the item and addenda fees in addition to the conversion fee. Reserve Banks also assess a $30 fee for every government paper return/NOC they process.

    49 Origination volumes at these levels qualify for a waterfall discount which includes all FedACH origination items.

    50 Origination discounts based on monthly billed receipt volume apply only to those items received by FedACH receiving points and are available only to Premium Receivers.

    51 RDFIs receiving through FedACH less than 90 percent of their FedACH-originated items.

    52 This per-item discount is a reduction to the standard receipt fees listed in this fee schedule.

    53 Receipt volumes at these levels qualify for a waterfall discount which includes all FedACH receipt items.

    54 RDFIs receiving through FedACH at least 90 percent of their FedACH-originated items, but less than 90 percent of all of their ACH items originated through any operator.

    55 RDFIs receiving through FedACH at least 90 percent of all of their ACH items originated through any operator.

    56 To qualify for the discount, a financial institution must meet all of the following criteria in a given month: (1) Be charged the minimum monthly fee—forward origination (57208); (2) subscribe to FedLine Web Plus or any higher FedLine® access solution; and (3) subscribe to the FedPayments Reporter service, the FedACH RDFI Alert service, or the FedACH Risk Origination Monitoring service.

    57 Criteria may be set for both the Origination Monitoring Service and the RDFI Alert Service. Subscribers with no criteria set up will be assessed the $35 monthly package fee.

    58 Premier reports generated on demand are subject to the package/tiered fees plus a surcharge.

    59 The fee applies to routing numbers that have received or originated FedACH transactions during a month. Institutions that receive only U.S. government transactions or that elect to use a private sector operator exclusively are not assessed the fee.

    60 This surcharge is assessed to any routing number that originates at least one item meeting the criteria for same day processing and settlement in a given month.

    61 The fee is applied to any routing number with activity during a month, including routing numbers of institutions that elect to use a private-sector operator exclusively but also have items routed to or from customers that access the ACH network through FedACH. This fee does not apply to routing numbers that use the Reserve Banks for only U.S. government transactions.

    62 Fee will be assessed only when automated NOCs are generated.

    63 Limited services are offered in contingency situations.

    64 The fees and credits listed are collected from the ODFI and credited to NACHA (admin network) or to the RDFI (same day entry and unauthorized entry) in accordance with the ACH Rules.

    65 The international fees and surcharges vary from country to country as these are negotiated with each international gateway operator.

    66 A single monthly fee based on total FedGlobal ACH Payments origination volume.

    67 This per-item surcharge is in addition to the standard domestic origination fees listed in this fee schedule.

    68 This per-item surcharge is in addition to the standard domestic receipt fees listed in this fee schedule.

    Fedwire Funds and National Settlement Services 2018 Fee Schedule [Effective January 2, 2018. Bold indicates changes from 2017 prices.] Fee Fedwire Funds Service Monthly Participation Fee $95.00. Basic volume-based pre-incentive transfer fee (originations and receipts)—per transfer for the first 14,000 transfers per month 0.820. additional transfers up to 90,000 per month 0.245. every transfer over 90,000 per month 0.160. Volume-based transfer fee with the incentive discount (originations and receipts)—per eligible transfer for: 69 the first 14,000 transfers per month 0.164. additional transfers up to 90,000 per month 0.049. every transfer over 90,000 per month 0.032. Surcharge for Off-line Transfers (Originations and Receipts) 60.00. Surcharge for End-of-Day Transfer Originations 70 0.26. Monthly FedPayments Manager import/export fee 71 50.00. Surcharge for high-value payments: >$10 million 0.14. >$100 million 0.36. Surcharge for Payment Notification: Origination Surcharge72 0.01. Receipt Volume 7273 N/A. Delivery of Reports—Hard Copy Reports to On-Line Customers 50.00. Special Settlement Arrangements (charge per settlement day)74 150.00. National Settlement Service Basic: Settlement Entry Fee 1.50. Settlement File Fee 30.00. Surcharge for Off-line File Origination 75 45.00. Minimum Monthly Fee 76 60.00.

    69 The incentive discounts apply to the volume that exceeds 60 percent of a customer's historic benchmark volume. Historic benchmark volume is based on a customer's average daily activity over the previous five calendar years. If a customer has fewer than five full calendar years of previous activity, its historic benchmark volume is based on its daily activity for as many full calendar years of data as are available. If a customer has less than one year of past activity, then the customer qualifies automatically for incentive discounts for the year. The applicable incentive discounts are as follows: $0.656 for transfers up to 14,000; $0.196 for transfers 14,001 to 90,000; and $0.128 for transfers over 90,000.

    70 This surcharge applies to originators of transfers that are processed by the Reserve Banks after 5:00 p.m. eastern time.

    71 This fee is charged to any Fedwire Funds participant that originates a transfer message via the FedPayments Manager (FPM) Funds tool and has the import/export processing option setting active at any point during the month.

    72 Payment Notification and End-of-Day Origination surcharges apply to each Fedwire funds transfer message.

    73 Provided on billing statement for informational purposes only.

    74 This charge is assessed to settlement arrangements that use the Fedwire Funds Service to effect the settlement of interbank obligations (as opposed to those that use the National Settlement Service). With respect to such special settlement arrangements, other charges may be assessed for each funds transfer into or out of the accounts used in connection with such arrangements.

    75 Offline files will be accepted only on an exception basis when a settlement agent's primary and backup means of transmitting settlement files are both unavailable.

    76 Any settlement arrangement that accrues less than $60 of charges during a calendar month will be assessed a variable amount to reach the minimum monthly fee.

    Fedwire Securities Service 2018 Fee Schedule (Non-Treasury Securities) [Effective January 2, 2018. Bold indicates changes from 2017 prices.] Fee Basic Transfer Fee: Transfer or reversal originated or received $0.77 Surcharge: 77 Offline origination & receipt surcharge 80.00 Monthly Maintenance Fees: Account maintenance (per account) 57.50 Issues maintained (per issue/per account) 0.77 Claim Adjustment Fee 78 0.80 GNMA Serial Note Stripping or Reconstitution Fee 79 9.00 Joint Custody Origination Surcharge 80 46.00 Delivery of Reports—Hard Copy Reports to On-Line Customers 50.00

    77 This surcharge is set by the Federal Reserve Banks. It is in addition to any basic transfer or reversal fee.

    78 The Federal Reserve Banks offer an automated claim adjustment process only for Agency mortgage-backed securities.

    79 This fee is set by and remitted to the Government National Mortgage Association (GNMA).

    80 The Federal Reserve Banks charge participants a Joint Custody Origination Surcharge for both Agency and Treasury securities.

    FedLine 2018 Fee Schedule [Effective January 2, 2018. Bold indicates changes from 2017 prices.] Fee FedComplete Packages (monthly)81 82 83 FedComplete 100A Plus $825.00. includes: FedLine Advantage Plus package. FedLine subscriber 5-pack. 7,500 FedForward transactions. 46 FedForward Cash Letter items. 70 FedReturn transactions. 14,000 FedReceipt® transactions. 35 Fedwire funds origination transfers. 35 Fedwire funds receipt transfers. Fedwire participation fee. 1,000 FedACH origination items. FedACH minimum fee. 7,500 FedACH receipt items. FedACH receipt minimum fee. 10 FedACH web return/NOC. 500 FedACH addenda originated. 1,000 FedACH addenda received. 100 FedACH Same-Day origination items. FedACH account servicing. FedACH settlement. FedACH Same-Day origination participation fee. FedComplete 100A Premier $900.00. includes: FedLine Advantage Premier package. Volumes included in the FedComplete 100A Plus package. FedComplete 100C Plus $1,375.00. includes: FedLine Command Plus package. Volumes included in the FedComplete 100A Plus package. FedComplete 200A Plus $1,350.00. includes: FedLine Advantage Plus package. FedLine subscriber 5-pack. 25,000 FedForward transactions. 46 FedForward Cash Letter items. 225 FedReturn transactions. 25,000 FedReceipt transactions. 100 Fedwire funds origination transfers. 100 Fedwire funds receipt transfers. Fedwire participation fee. 2,000 FedACH origination items. FedACH minimum fee. 25,000 FedACH receipt items. FedACH receipt minimum fee. 20 FedACH web return/NOC. 750 FedACH addenda originated. 1,500 FedACH addenda received. 200 FedACH Same-Day origination items. FedACH account servicing. FedACH settlement. FedACH Same-Day origination participation fee. FedComplete 200A Premier $1,425.00. includes: FedLine Advantage Premier package. Volumes included in the FedComplete 200A Plus package. FedComplete 200C Plus $1,900.00. includes: FedLine Command Plus package. Volumes included in the FedComplete 200A Plus package. FedComplete Excess Volume and Receipt Surcharge:84 FedForward $0.037/item. FedReturn $0.8200/item. FedReceipt $0.00005/item. Fedwire Funds Origination $0.8200/item. Fedwire Funds Receipt $0.082/item. FedACH Origination $0.0035/item. FedACH Receipt $0.00035/item. FedComplete credit adjustment various. FedComplete debit adjustment various. FedLine Customer Access Solutions (monthly) FedMail 85 $85.00. includes: FedMail access channel. FedACH Advice and Settlement Information. Fedwire Funds Offline Advices. Check 21 Services. Check 21 Duplicate Notification Service. Check Adjustments. Accounting Statements. Daylight Overdraft Reports. Billing Statements. FedLine Exchange 85 $40.00. includes: E-Payments Routing Directory (manual download). FedLine Exchange Premier.85 $125.00. includes: FedLine Exchange package. E-Payments Routing Directory (auto download). FedLine Web 86 $110.00. includes: FedLine Web access channel. Services included in the FedLine Exchange package. Check FedForward, FedReturn and FedReceipt services. Check Adjustments. FedACH Information Services & Derived Returns/NOCs. FedACH Risk Services (includes RDFI Alert and Returns Reporting). FedCash® Services. Service Charge Information. FedLine Web Plus 86 $160.00. includes: FedLine Web package. FedACH Risk Origination Monitoring Service. FedACH FedPayments Reporter Service. Check Large Dollar Return. Check FedImage Services. Account Management Information. Various accounting and inquiry services (ABMS inquiry, IAS/PSR inquiry, IAS detailed inquiries, notifications and advices, end-of-day accounting file (PDF)). E-Payments Routing Directory (auto download). FedLine Advantage86 $415.00. includes: FedLine Advantage access channel. One VPN device. Services included in the FedLine Web package. FedACH transactions. Fedwire Funds transactions. Fedwire Securities transactions. National Settlement Service transactions. Check Large Dollar Return. Check FedImage Services. Account Management Information with Intra-Day Download Search File. Various accounting and inquiry services (ABMS inquiry, IAS/PSR inquiry, IAS detailed inquiries, notifications and advices, end-of-day accounting file (PDF)). FedLine Advantage Plus86 $460.00. includes: FedLine Advantage package. One VPN device. FedACH Risk Origination Monitoring Service. FedACH FedPayments Reporter Service. Fedwire Funds FedPayments Manager Import/Export (less than 250 Fedwire transactions and one routing number per month). FedTransaction Analyzer® (less than 250 Fedwire transactions and one routing number per month). E-Payments Routing Directory (auto download). FedLine Advantage Premier85 $570.00. includes: FedLine Advantage Plus package. Two VPN devices. Fedwire Funds FedPayments Manager Import/Export (more than 250 Fedwire transactions or more than one routing number in a given month). FedTransaction Analyzer (more than 250 Fedwire transactions or more than one routing number per month). FedLine Command Plus $1,035.00. includes: FedLine Command access channel. Services included in the FedLine Advantage Plus package. One VPN device. Two FedLine Command server certificates. Fedwire Statement Services. Fedwire Funds FedPayments Manager Import/Export. FedTransaction Analyzer. Intra-Day File (I-Day CI File). Statement of Account Spreadsheet File (SASF). Financial Institution Reconcilement Data File (FIRD). Billing Data Format File (BDFF). FedLine Direct Plus $3,650.00. includes: FedLine Direct access channel. One VPN device. 256K Dedicated WAN Connection. Services included in the FedLine Command Plus package. Two FedLine Direct server certificates. Treasury Check Information System (TCIS). FedLine Direct Premier $6,800.00. includes: FedLine Direct Plus package. T1 dedicated WAN connection. Two VPN devices. A la carte options (monthly)87 Electronic Access: FedMail—FedLine Exchange Subscriber 5-pack $15.00. FedLine Subscriber 5-pack (access to Web and Advantage) $80.00. Additional FedLine Command Certificate 88 $100.00. Additional FedLine Direct Certificate 89 $100.00. Additional VPNs 90 $100.00. Additional dedicated connections 256K $2,500.00. T1 $3,200.00. FedLine International Setup (one-time fee) $5,000.00. FedLine Custom Implementation Fee 91 various. Network Diversity $2,000.00. FedLine Direct Contingency Solution $1,000.00. Check 21 Large File Delivery 92 various. FedMail Email (for FedLine customers) $20.00. FedMail Fax $100.00. VPN Device Modification $200.00. VPN Device Missed Activation Appointment $175.00. VPN Device Expedited Hardware Surcharge $100.00. VPN Device Replacement or Move $300.00. E-Payments Automated Download (1-5 Add'l Codes) $75. E-Payments Automated Download (6-20 Add'l Codes) $150. E-Payments Automated Download (21-50 Add'l Codes) $300. E-Payments Automated Download (51-100 Add'l Codes) $500. E-Payments Automated Download (101-250 Add'l Codes) $1,000. E-Payments Automated Download (>250 Add'l Codes) $2,000. Electronic Access Training: Learning Center complimentary. Certificate Retrieval Download Tutorial complimentary. Accounting Information Services: Cash Management System (CMS) Plus—Own report—up to six files with: 93 no respondent/sub-account activity $60.00. less than 10 respondent and/or sub-accounts $125.00. 10-50 respondent and/or sub-accounts $250.00. 51-100 respondents and/or sub-accounts $500.00. 101-500 respondents and/or sub-accounts $750.00. >500 respondents and/or sub-accounts $1,000.00. End-of-Day Financial Institution Reconcilement Data File 94 $150.00. Statement of Account Spreadsheet File 95 $150.00. Intra-day Download Search File (with AMI) 96 $150.00. ACTS Report: 97 <20 sub-accounts $500.00. 21-40 sub-accounts $1,000.00. 41-60 sub-accounts $1,500.00. >60 sub-accounts $2,000.00. Other: Software Certification Vendor Pass-Through Fee various. Electronic Access Credit Adjustment various. Electronic Access Debit Adjustment various. Legacy Software Fee 98 various.

    81 FedComplete packages are all-electronic service options that bundle payment services with an access solution for one monthly fee.

    82 Packages with an ‘A’ include the FedLine Advantage channel, while packages with ‘C’ include the FedLine Command channel.

    83 FedComplete customers that use the email service would be charged the FedMail Email a la carte fee and for all FedMail-FedLine Exchange Subscriber 5-packs.

    84 Per-item surcharges are in addition to the standard fees listed in the applicable priced services fee schedules.

    85 FedMail and FedLine Exchange packages do not include user credentials, which are required to access priced services and certain informational services. Credentials are sold separately in packs of five via the FedMail-FedLine Exchange Subscriber 5-pack.

    86 FedLine Web and Advantage packages do not include user credentials, which are required to access priced services and certain informational services. Credentials are sold separately in packs of five via the FedLine Subscriber 5-pack.

    87 These add-on services can be purchased only with a FedLine Customer Access Service option.

    88 Additional FedLine Command Certificates available for FedLine Command and Direct packages only.

    89 Additional FedLine Direct Certificates available for FedLine Direct packages only.

    90 Additional VPNs are available for FedLine Advantage, FedLine Command, and FedLine Direct packages only.

    91 The FedLine Custom Implementation Fee is $2,500 or $5,000 based on the complexity of the setup.

    92 The fee ranges from $1,400 to $20,725 depending on the size, speed, and location of the connection.

    93 Cash Management Service options are limited to plus and premier packages.

    94 The End of Day Reconcilement File option is available for FedLine Web Plus, FedLine Advantage Plus, and Premier packages. It is available for no extra fee in FedLine Command Plus and Direct packages.

    95 The Statement of Account Spreadsheet File option is available for FedLine Web Plus, FedLine Advantage Plus, and Premier packages. It is available for no extra fee in FedLine Command Plus and Direct packages.

    96 The Intra-day Download Search File option is available for the FedLine Web Plus package. It is available for no extra fee in FedLine Advantage and higher packages.

    97 ACT Report options are limited to FedLine Command Plus, FedLine Direct Plus, and FedLine Direct Premier packages.

    98 The fee will vary based on the number of customers remaining on the legacy system, up to $80,000/month through 3/31/18 and up to $150,000/month thereafter.

    By order of the Board of Governors of the Federal Reserve System, November 6, 2017. Margaret McCloskey Shanks, Deputy Secretary of the Board.
    [FR Doc. 2017-24736 Filed 11-14-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

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

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

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 12, 2017.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. Savi Financial Corporation, Inc.; to become a bank holding company by acquiring 100 percent of the voting shares of SaviBank, both of Burlington, Washington.

    Board of Governors of the Federal Reserve System, November 9, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-24740 Filed 11-14-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR 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 December 11, 2017.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. CBC Bancorp; to become a bank holding company by acquiring 98.3 percent of the voting shares of NCAL Bancorp, and thereby indirectly acquire Commercial Bank of California, all of Irvine, California.

    Board of Governors of the Federal Reserve System, November 8, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-24653 Filed 11-14-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2013-N-0545] Agency Information Collection Activities; Proposed Collection; Comment Request; Infant Formula Requirements AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing an opportunity for public comment on the proposed collection of certain information by the Agency. Under the Paperwork Reduction Act of 1995 (PRA), Federal Agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, and to allow 60 days for public comment in response to the notice. This notice invites comments on the information collection provisions of our infant formula regulations, including infant formula labeling, quality control procedures, notification requirements, and recordkeeping. The notice also invites comment on a pilot electronic form that allows manufacturers of infant formula to submit reports and notifications in a standardized format.

    DATES:

    Submit either electronic or written comments on the collection of information by January 16, 2018.

    ADDRESSES:

    You may submit comments as follows. Please note that late, untimely filed comments will not be considered. Electronic comments must be submitted on or before January 16, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of January 16, 2018. Comments received by mail/hand delivery/courier (for written/paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date.

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Dockets Management Staff (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • For written/paper comments submitted to the Dockets Management Staff, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”

    Instructions: All submissions received must include the Docket No. FDA-2013-N-0545 for “Agency Information Collection Activities; Proposed Collection; Comment Request; Infant Formula Requirements.” Received comments, those filed in a timely manner (see ADDRESSES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Dockets Management Staff between 9 a.m. and 4 p.m., Monday through Friday.

    Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Dockets Management Staff. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Dockets Management Staff, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FOR FURTHER INFORMATION CONTACT:

    Ila S. Mizrachi, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-7726, [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the PRA (44 U.S.C. 3501-3520), Federal Agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. “Collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes Agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires Federal Agencies to provide a 60-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, FDA is publishing notice of the proposed collection of information set forth in this document.

    With respect to the following collection of information, we invite comments on these topics: (1) Whether the proposed collection of information is necessary for the proper performance of FDA's functions, including whether the information will have practical utility; (2) the accuracy of FDA's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques, when appropriate, and other forms of information technology.

    Infant Formula Requirements—21 CFR parts 106 and 107 OMB Control Number 0910-0256—Extension

    Statutory requirements for infant formula under the Federal Food, Drug, and Cosmetic Act (the FD&C Act) are intended to protect the health of infants and include a number of reporting and recordkeeping requirements. Among other things, section 412 of the FD&C Act (21 U.S.C. 350a) requires manufacturers of infant formula to establish and adhere to quality control procedures, notify us when a batch of infant formula that has left the manufacturers' control may be adulterated or misbranded, and keep records of distribution. We have issued regulations to implement the FD&C Act's requirements for infant formula in parts 106 and 107 (21 CFR parts 106 and 107). We also regulate the labeling of infant formula under the authority of section 403 of the FD&C Act (21 U.S.C. 343). Under our labeling regulations for infant formula in part 107, the label of an infant formula must include nutrient information and directions for use. The purpose of these labeling requirements is to ensure that consumers have the information they need to prepare and use infant formula appropriately.

    We have developed an electronic form (Form FDA 3978) that infant formula manufacturers will be able to use to electronically submit reports and notifications in a standardized format to FDA. Manufacturers that prefer to submit paper submissions in a format of their own choosing will still have the option to do so, however. Form FDA 3978 prompts a respondent to include reports and notifications in a standard electronic format and helps the respondent organize their submission to include only the information needed for our review. Draft screenshots of Form FDA 3978 and instructions are available for comment at http://www.fda.gov/Food/GuidanceRegulation/FoodFacilityRegistration/InfantFormula/default.htm.

    Description of Respondents: Respondents to this information collection are manufacturers of infant formula.

    We estimate the burden of this collection of information as follows:

    Table 1—Estimated Annual Reporting Burden 1 Row No. FD&C Act or 21 CFR section Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Total annual responses Average
  • burden per
  • response
  • Total hours
    1 Reports; Section 412(d) of the FD&C Act 5 13 65 10 650 2 Notifications; § 106.120(b) 1 1 1 4 4 3 Reports for Exempt Infant Formula; § 107.50(b)(3) and (4) 3 2 6 4 24 4 Notifications for Exempt Infant Formula;§ 107.50(e)(2) 1 1 1 4 4 5 Requirements for Quality Factors Growth Monitoring Study Exemption; § 106.96(c) 4 9 36 20 720 6 Requirements for Quality Factors—PER Exemption; § 106.96(g) 1 34 34 12 408 7 New Infant Formula Registration; § 106.110 4 9 36 0.50 (30 minutes) 18 8 New Infant Formula Submission; § 106.120 4 9 36 10 360 Total 2,188 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

    In compiling these estimates, we consulted our records of the number of infant formula submissions received in the past. All infant formula submissions may be provided to us in electronic format. The hours per response reporting estimates are based on our experience with similar programs and information received from industry.

    We estimate that we will receive 13 reports from 5 manufacturers annually under section 412(d) of the FD&C Act, for a total annual response of 65 reports. Each report is estimated to take 10 hours per response for a total of 650 hours. We also estimate that we receive one notification under § 106.120(b). The notification is expected to take 4 hours per response, for a total of 4 hours.

    For exempt infant formula, we estimate that we receive two reports from three manufacturers annually under § 107.50(b)(3) and (4), for a total annual response of six reports. Each report is estimated to take 4 hours per response for a total of 24 hours. We also estimate that we receive one notification annually under § 107.50(e)(2) and that the notification takes 4 hours to prepare.

    We estimate that 4 firms submit 36 exemptions annually and that each exemption will take 20 hours to assemble. Therefore, we calculate 36 exemptions × 20 hours = 720 hours as the estimated burden for § 106.96(c), as presented in row 5 of table 1.

    We estimate that the infant formula industry annually submits 35 Protein Efficiency Ratio (PER) submissions. For the submission of the PER exemption, we estimate that the infant formula industry submits 34 exemptions per year and that each exemption takes supporting staff 12 hours to prepare. Therefore, we calculate 34 exemptions × 12 hours per exemption = 408 hours to fulfill the requirements of § 106.96(g), as shown in row 6 of table 1.

    We estimate that four firms each use one senior scientist or regulatory affairs professional who needs 30 minutes to gather and record the required information for an infant formula registration pursuant to § 106.110. We estimate that the industry annually registers 35 new infant formulas, or an average of 9 registrations per firm. Therefore, we calculate the annual burden as 36 registrations × 0.5 hour per registration = 17.5 (rounded to 18) hours, as shown in row 7 of table 1.

    We estimate that four firms each use one senior scientist or regulatory affairs professional who needs 10 hours to gather and record information needed for infant formula submissions pursuant to § 106.120. This estimate includes the time needed to gather and record the information the manufacturer uses to request an exemption under § 106.91(b)(1)(ii), which provides that the manufacturer includes the scientific evidence that the manufacturer is relying on to demonstrate that the stability of the new infant formula will likely not differ from the stability of formula with similar composition, processing, and packaging for which there are extensive stability data. We estimate that 4 firms make submissions for 36 new infant formulas, or an average of 9 submissions per firm. Therefore, to comply with § 106.120, we calculate the annual burden as 36 submissions × 10 hours per submission = 360 hours, as shown in row 8 of table 1. Thus, the total annual reporting burden is 2,188 hours.

    Table 2—Estimated Annual Recordkeeping Burden 12 Row No. Activity; 21 CFR section Number of
  • recordkeepers
  • Number of
  • records per
  • recordkeeper
  • Total annual records Average burden per recordkeeping Total hours
    1 Controls to prevent adulteration caused by facilities—testing for radiological contaminants 3; § 106.20(f)(3) 21 1 21 1.5 (90 minutes) 32 2 Controls to prevent adulteration caused by facilities—recordkeeping of testing for radiological contaminants2; §§ 106.20(f)(4) and 106.100(f)(1) 21 1 21 0.08 (5 minutes) 2 3 Controls to prevent adulteration caused by facilities—testing for bacteriological contaminants § 106.20(f)(3) 5 52 260 0.08 (5 minutes) 21 4 Controls to prevent adulteration caused by facilities—recordkeeping of testing for bacteriological contaminants §§ 106.20(f)(4) and 106.100(f) 5 52 260 0.08 (5 minutes) 21 5 Controls to prevent adulteration by equipment or utensils; §§ 106.30(d) and 106.100(f)(2) 5 52 260 0.22 (13 minutes) 57 6 Controls to prevent adulteration by equipment or utensils; §§ 106.30(e)(3)(iii) and 106.100(f)(3) 5 52 260 0.22 (13 minutes) 57 7 Controls to prevent adulteration by equipment or utensils; §§ 106.30(f) and 106.100(f)(4) 5 52 260 0.20 (12 minutes) 52 8 Controls to prevent adulteration due to automatic (mechanical or electronic) equipment; §§ 106.35(c) and 106.100(f)(5) 5 1 5 520 2,600 9 Controls to prevent adulteration due to automatic (mechanical or electronic) equipment §§ 106.35(c) and 106.100(f)(5) 5 2 10 640 6,400 10 Controls to prevent adulteration caused by ingredients, containers, and closures; §§ 106.40(d) and 106.100(f)(6) 5 52 260 0.17 (10 minutes) 44 11 Controls to prevent adulteration during manufacturing; §§ 106.50(a)(1) and 106.100(e) 5 52 260 0.23 (14 minutes) 60 12 Controls to prevent adulteration from microorganisms; §§ 106.55(d) and 106.100(e)(5)(ii) and (f)(7) 5 52 260 0.25 (15 minutes) 65 13 Controls to prevent adulteration during packaging and labeling of infant formula; § 106.60(c) 1 12 12 0.25 (15 minutes) 3 14 General quality control—testing; § 106.91(b)(1), (2), and (3) 4 1 4 2 8 15 General quality control; §§ 106.91(b)(1) and(d), and 106.100(e)(5)(i) 4 52 208 0.15 (9 minutes) 31 16 General quality control; §§ 106.91(b)(2) and (d), and 106.100(e)(5)(i) 4 52 208 0.15 (9 minutes) 31 17 General quality control; §§ 106.91(b)(3) and (d), and 106.100(e)(5)(i) 4 52 208 0.15 (9 minutes) 31 18 Audit plans and procedures; ongoing review and updating of audits; § 106.94 5 1 5 8 40 19 Audit plans and procedures —regular audits; § 106.94 5 52 260 4 1,040 20 Requirements for quality factors for infant formulas—written study report; §§ 106.96(b) and (d), 106.100(p)(1) and (q)(1), and 106.121 1 1 1 16 16 21 Requirements for quality factors for infant formulas—anthropometric data; §§ 106.96(b)(2) and (d), and 106.100(p)(1) 112 6 672 0.50 (30 minutes) 336 22 Requirements for quality factors for infant formulas—formula intake §§ 106.96(b)(3) and (d), and 106.100(p)(1) 112 6 672 0.25 (15 minutes) 168 23 Requirements for quality factors for infant formulas—data plotting; §§ 106.96(b)(4) and (d), and 106.100(p)(1) 112 6 672 0.08 (5 minutes) 54 24 Requirements for quality factors for infant formulas—data comparison; §§ 106.96(b)(5) and (d), and 106.100(p)(1) 112 6 672 0.08 (5 minutes) 54 25 Requirements for quality factors—per data collection; § 106.96(f) 1 1 1 8 8 26 Requirements for quality factors—per written report; § 106.96(f) 1 1 1 1 1 27 Records; § 106.100 5 10 50 400 20,000 28 Records for Exempt Infant Formula; § 107.50(c)(3) 3 10 30 300 9,000 Total 40,232 1 There are no capital costs or operating and maintenance costs associated with this collection of information. 2 Where necessary, numbers have been rounded to the nearest whole number. 3 This testing only occurs every 4 years.

    We estimate that 21 infant formula plants will test at least every 4 years for radiological contaminants. In addition, we estimate that collecting water for all testing in § 106.20(f)(3) takes between 1 and 2 hours. We estimate that water collection takes an average of 1.5 hours and that water collection occurs separately for each type of testing. We estimate that performing the test will take 1.5 hours per test, every 4 years. Therefore, 1.5 hours per plant × 21 plants = 31.5 (rounded to 32) total hours, every 4 years, as seen in row 1 of table 2. Furthermore, §§ 106.20(f)(4) and 106.100(f)(1) require firms to make and retain records of the frequency and results of water testing. For the 21 plants that are estimated not to currently test for radiological contaminants, this burden is estimated to be 5 minutes per record every 4 years. Therefore, 0.08 hour per record × 21 plants = 1.68 (rounded to 2) hours, every 4 years for the maintenance of records of radiological testing, as seen on row 2 of table 2.

    We estimate that five infant formula plants will test weekly for bacteriological contaminants. We estimate that performing the test will take 5 minutes per test once a week. Annually, this burden is 0.08 hours × 52 weeks = 4.16 hours per year, per plant, and 4.16 hours per plant × 5 plants = 20.8 (rounded to 21) total annual hours, as seen on row 3 of table 2. Furthermore, for the five plants that are estimated to not currently test weekly for bacteriological contaminants, this burden is estimated to be 5 minutes per record, every week. Therefore, 0.08 hour per record × 52 weeks = 4.16 hours per plant for the maintenance of records of bacteriological testing. Accordingly, 4.16 hours × 5 plants = 20.8 (rounded to 21) annual hours, as seen on row 4 of table 2.

    Sections 106.30(d) and 106.100(f)(2) require that records of calibrating certain instruments be made and retained. We estimate that one senior validation engineer for each of the five plants will need to spend about 13 minutes per week to satisfy the ongoing calibration recordkeeping requirements. Therefore, 5 recordkeepers × 52 weeks = 260 records; 260 records × 0.22 hour per record = 57 hours as the annual burden, as presented in row 5 of table 2.

    Sections 106.30(e)(3)(iii) and 106.100(f)(3)) require the recordkeeping of the temperatures of each cold storage compartment. We estimate that five plants will each require one senior validation engineer about 13 minutes per week of recordkeeping. Therefore, 5 recordkeepers × 52 weeks = 260 records; 260 records × 0.22 hours per record = 57 hours as the annual burden, as presented in row 6 of table 2.

    Sections 106.30(f) and 106.100(f)(4) require the recordkeeping of ongoing sanitation efforts. We estimate that five plants will each require one senior validation engineer about 12 minutes per week of recordkeeping. Therefore, 5 recordkeepers × 52 weeks = 260 records; 260 records × 0.20 hours per record = 52 hours as the annual burden, as presented in row 7 of table 2.

    For §§ 106.35(c) and 106.100(f)(5), we estimate that one senior validation engineer per plant needs 10 hours per week of recordkeeping, with the annual burden for this provision being 520 hours per plant × 5 plants = 2,600 annual hours, as shown in row 8 of table 2. In addition, an infant formula manufacturer revalidates its systems when it makes changes to automatic equipment. We estimate that such changes occur twice a year, and that on each of the two occasions, a team of four senior validation engineers per plant needs to work full time for 4 weeks (4 weeks × 40 hours per week = 160 work hours per person) to provide revalidation of the plant's automated systems sufficient to comply with this section. The annual burden for four senior validation engineers each working 160 hours twice a year is 1,280 hours ((160 hours × 2 revalidations) × 4 engineers = 1,280 total work hours) per plant. Therefore, 640 hours × 5 plants × 2 times per year = 6,400 hours as the annual burden, as shown on row 9 of table 2.

    Sections 106.40(d) and 106.100(f)(6) require written specifications for ingredients, containers, and closures. We estimate that one senior validation engineer per plant needs about 10 minutes a week to fulfill the recordkeeping requirements. Therefore, 5 recordkeepers × 52 weeks = 260 records and 260 records × 0.17 hour = 44 hours as the annual burden, as shown in row 10 of table 2.

    We estimate that five plants will change a master manufacturing order and that one senior validation engineer for each of the five plants spends about 14 minutes per week on recordkeeping pertaining to the master manufacturing order, as required by §§ 106.50(a)(1) and 106.100(e). Thus, 5 recordkeepers × 52 weeks = 260 records; 260 records × 0.23 hour = 60 hours as the annual burden, as shown in row 11 of table 2.

    Sections 106.55(d), 106.100(e)(5)(ii), and 106.100(f)(7)) require recordkeeping of the testing of infant formula for microorganisms. We estimate that five plants each need one senior validation engineer to spend 15 minutes per week on recordkeeping pertaining to microbiological testing. Thus, 5 recordkeepers × 52 weeks = 260 records; 260 records × 0.25 hour per record = 65 hours as the annual burden, as shown in row 12 of table 2.

    Section 106.60 establishes requirements for the recordkeeping and labeling of mixed-lot packages of infant formula. Section 106.60(c) requires infant formula diverters to label infant formula packaging (such as packing cases) to facilitate product tracing and to keep specific records of the distribution of these mixed lot cases. We estimate that one worker needs 15 minutes, once a month (0.25 × 12 months) to accomplish this, for an annual burden of 3 hours, as shown in row 13 of table 2.

    Sections 106.91(b)(1), (2), and (3) provide ongoing stability testing requirements. We estimate that the stability testing requirements has a burden of 2 hours per plant. Therefore, 2 hours × 4 plants = 8 hours as the annual burden to fulfill the testing requirements, as shown in row 14 of table 2.

    Sections 106.91(d) and 106.100(e)(5)(i) provide for recordkeeping of tests required under § 106.91(b)(1), (2), and (3). We estimate that one senior validation engineer per plant will spend about 9 minutes per week of recordkeeping to be in compliance. Thus, 4 recordkeepers × 52 weeks = 208 records; 208 records × 0.15 hour per record = 31.2 (rounded to 31) hours for the annual burden, as shown in rows 15, 16, and 17 of table 2.

    We estimate that the ongoing review and updating of audit plans requires a senior validation engineer 8 hours per year, per plant. Therefore, 8 hours × 5 plants = 40 hours for the annual burden, as shown in row 18 of table 2.

    We estimate that a manufacturer chooses to audit once per week. We estimate each weekly audit requires a senior validation engineer 4 hours, or 52 weeks × 4 hours = 208 hours per plant. Therefore, burden for updating audit plans is calculated as 208 hours × 5 plants = 1,040 hours for the annual burden, as shown in row 19 of table 2.

    We estimate that, as a result of the regulations, the industry as a whole performs one additional growth study per year, in accordance with § 106.96. The regulations require that several pieces of data be collected and maintained for each infant in the growth study. We estimate that the data collection associated with the growth study is assembled into a written report and kept as a record in compliance with §§ 106.96(d) and 106.100(p)(1). Thus, we estimate that one additional growth study report is generated, and that this report requires one senior scientist to work 16 hours to compile the data into a study report. Therefore, one growth study report × 16 hours = 16 hours for the annual burden for compliance with §§ 106.96(b) and (d), 106.100(p)(1) and (q)(1), and 106.121 as shown in row 20 of table 2.

    A study conducted according to the requirements of § 106.96(b)(2) must include the collection of anthropometric measurements of physical growth and information on formula intake, and §§ 106.96(d) and 106.100(p)(1) require that the anthropometric measurements be made six times during the growth study. We estimate that in a growth study of 112 infants, 2 nurses or other health professionals with similar experience need 15 minutes per infant at each of the required 6 times to collect and record the required anthropometric measurements. Therefore, 2 nurses × 0.25 hours = 0.50 hour per infant, per visit, and 0.50 hour × 6 visits = 3 hours per infant. For 112 infants in the study, 3 hours × 112 infants = 336 hours for the annual burden, as shown in row 21 of table 2. In addition, we estimate that one nurse needs 15 minutes per infant to collect and record the formula intake information. That is, 0.25 hour × 6 visits = 1.5 hour per infant, and 1.5 hour per infant × 112 infants = 168 hours for the annual burden, as shown in row 22 of table 2.

    Section 106.96(b)(4) requires plotting each infant's anthropometric measurements on the Centers for Disease Control-recommended World Health Organization Child Growth Standards. We estimate that it takes 5 minutes per infant to record the anthropometric data on the growth chart at each study visit. Therefore, 112 infants × 6 data plots = 672 data plots, and 672 data plots × 0.08 hour per comparison = 53.75 hours (rounded to 54) for the annual burden, as shown in row 23 of table 2.

    Section 106.96(b)(5) requires that data on formula intake by the test group be compared to the intake of a concurrent control group. We estimate that one nurse or other health care professional with similar experience needs 5 minutes per infant for each of the six times anthropometric data are collected. Therefore, 6 comparisons of data × 112 infants = 672 data comparisons and 672 data comparisons × 0.08 hour per comparison = 53.75 hours (rounded to 54) for the annual burden, as shown in row 24 of table 2.

    Section 106.96(f) provides that a manufacturer meets the quality factor of sufficient biological quality of the protein by establishing the biological quality of the protein in the infant formula when fed as the sole source of nutrition using an appropriate modification of the PER rat bioassay. Under § 106.96(g)(1), a manufacturer of infant formula may be exempt from this requirement if the manufacturer requests an exemption and provides assurances, as required under § 106.121, that changes made by the manufacturer to an existing infant formula are limited to changing the type of packaging. A manufacturer may also be exempt from this requirement under § 106.100(g)(2), if the manufacturer requests an exemption and provides assurances, as required under § 106.121, that demonstrate to FDA's satisfaction that the change to an existing formula does not affect the bioavailability of the protein. Finally, a manufacturer of infant formula may be exempt from this requirement under § 106.96(g)(3) if the manufacturer requests an exemption and provides assurances, as required under § 106.121(i), that demonstrate that an alternative method to the PER that is based on sound scientific principles is available to show that the formula supports the quality factor for the biological quality of the protein. We estimate that the infant formula industry submits a total of 35 PER submissions: 34 exemption requests and the results of 1 PER study.

    A PER study conducted according to the Association of Analytical Communities Official Method 960.48 is 28 days in duration. We estimate that there will be 10 rats in the control and test groups (20 rats total) and that food consumption and body weight will be measured at day 0 and at 7-day intervals during the 28-day study period (a total of 5 records per rat). We further estimate that measuring and recording food consumption and body weight will take 5 minutes per rat. Therefore, 20 rats × 5 records = 100 records; 100 records × 0.08 hour minutes per record = 8 hours to fulfill the requirements of § 106.96(f). Further, we estimate that a report based on the PER study will be generated and that this study report will take a senior scientist 1 hour to generate. Therefore, a total of 9 hours will be required to fulfill the requirements for § 106.96(f): 8 hours for the PER study and data collection, and 1 hour for the development of a report based on the PER study, as shown in rows 25 and 26 of table 2.

    We estimate that five firms will expend approximately 20,000 hours per year to fully satisfy the recordkeeping requirements in § 106.100 and that three firms will expend approximately 9,000 hours per year to fully satisfy the recordkeeping requirements in § 107.50(c)(3). Thus, the total recordkeeping burden is 40,232 hours.

    Table 3—Estimated Annual Third-Party Disclosure Burden 1 21 CFR section Number of
  • respondents
  • Number of
  • disclosures per
  • respondent
  • Total annual disclosures Average
  • burden per
  • disclosure
  • Total hours
    Nutrient labeling; 21 CFR 107.10(a) and 107.20 5 13 65 8 520 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

    We estimate compliance with our labeling requirements in §§ 107.10(a) and 107.20 requires 520 hours annually by five manufacturers.

    Dated: November 8, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-24688 Filed 11-14-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meetings Announcement for the Physician-Focused Payment Model Technical Advisory Committee Required by the Medicare Access and CHIP Reauthorization Act of 2015 (MACRA) ACTION:

    Notice of public meetings.

    SUMMARY:

    This notice announces the next meeting of the Physician-Focused Payment Model Technical Advisory Committee (hereafter referred to as “the Committee”) which will be held in Washington, DC. This meeting will include voting and deliberations on proposals for physician-focused payment models (PFPMs) submitted by members of the public. All meetings are open to the public.

    DATES:

    The PTAC meeting will occur on the following dates:

    • Monday-Wednesday, December 18-20, 2017, from 9:00 a.m. to 5:00 p.m. ET.

    Please note that times are subject to change. If the times change, registrants will be notified directly via email.

    ADDRESSES:

    The December 18-20, 2017 meeting will be held at the Hubert H. Humphrey Building, 200 Independence Avenue SW., Washington, DC 20201.

    FOR FURTHER INFORMATION CONTACT:

    Ann Page, Designated Federal Official, at the Office of Health Policy, Assistant Secretary for Planning and Evaluation, U.S. Department of Health and Human Services, 200 Independence Ave. SW., Washington, DC 20201, (202) 690-6870.

    SUPPLEMENTARY INFORMATION:

    I. Purpose

    The Physician-Focused Payment Model Technical Advisory Committee (“the Committee”) is required by the Medicare Access and CHIP Reauthorization Act of 2015, 42 U.S.C. 1395ee. This Committee is also governed by provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), which sets forth standards for the formation and use of federal advisory committees. In accordance with its statutory mandate, the Committee is to review physician-focused payment model proposals and prepare recommendations regarding whether such models meet criteria that were established through rulemaking by the Secretary of Health and Human Services (the Secretary). The Committee is composed of 11 members appointed by the Comptroller General.

    II. Agenda

    At the December 18-20, 2017 meeting, the Committee will hear presentations on PFPMs that are ready for Committee deliberation. The presentations will be followed by public comment and Committee deliberation. If the Committee completes deliberations, voting will occur on recommendations to the Secretary of Health and Human Services. There will be time allocated for public comment on agenda items. Documents will be posted on the Committee Web site and distributed on the Committee listserv prior to the public meeting. The agenda is subject to change. If the agenda does change, we will inform registrants and update our Web site to reflect any changes.

    III. Meeting Attendance

    The meeting is open to the public. The public may also attend via conference call or view the meeting via livestream at www.hhs.gov/live. The conference call dial-in information will be sent to registrants prior to the meeting.

    Meeting Registration

    The public may attend the meetings in-person or participate by phone via audio teleconference. Space is limited and registration is preferred in order to attend in-person or by phone. Registration may be completed online at www.regonline.com/PTACMeetingsRegistration.

    The following information is submitted when registering:

    Name: Company/organization name: Postal address: Email address:

    Persons wishing to attend this meeting must register by following the instructions in the “Meeting Registration” section of this notice. A confirmation email will be sent to registrants shortly after completing the registration process.

    IV. Special Accommodations

    If sign language interpretation or other reasonable accommodation for a disability is needed, please contact Angela Tejeda, no later than December 4, 2017. Please submit your requests by email to [email protected] or by calling 202-401-8297.

    V. Copies of the PTAC Charter and Meeting Material

    The Secretary's Charter for the Physician-Focused Payment Model Technical Advisory Committee is available on the ASPE Web site at https://aspe.hhs.gov/charter-physician-focused-payment-model-technical-advisory-committee.

    Additional material for this meeting can be found on the PTAC Web site. For updates and announcements, please use the link to subscribe to the PTAC email listserv.

    Dated: September 12, 2017. John R. Graham, Acting Assistant Secretary for Planning and Evaluation.
    [FR Doc. 2017-24719 Filed 11-14-17; 8:45 am] BILLING CODE 4150-05-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Administration for Children and Families Delegation of Authority

    Notice is hereby given that I have delegated to the Assistant Secretary for Children and Families, the following authority vested in the Secretary of Health and Human Services under 45 CFR 95.611(a)(4), pertaining to approval of Federal Financial Participation for the costs of automated data processing affecting multiple programs administered by the Administration for Children and Families (ACF) and the Centers for Medicare and Medicaid Services (CMS).

    This delegation of authority applies to the following approval for multi-program State requests for Federal Financial Participation for the costs of automated data processing equipment and services: Requests related to programs under titles IV-B, IV-D and IV-E of the Social Security Act (SSA), administered by ACF; and requests related to programs under titles XIX and XXI of SSA, administered by CMS, when submitted in combination with one or more of the programs under titles IV-B, IV-D and IV-E of the SSA.

    The authority may be re-delegated.

    These authorities shall be exercised in accordance with established policies, procedures, guidelines and regulations as prescribed by the Secretary.

    I hereby affirm and ratify any actions taken by the Assistant Secretary for Children and Families, or his or her subordinates, which involved the exercise of the authorities delegated herein prior to the effective date of this delegation.

    This delegation supersedes all existing delegations of these authorities.

    This delegation is effective immediately.

    Dated: November 8, 2017. Donald Wright, Acting Secretary, Department of Health and Human Services.
    [FR Doc. 2017-24718 Filed 11-14-17; 8:45 am] BILLING CODE 4184-40-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: 0937-0191-60D] Agency Information Collection Request. 60-Day Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.

    DATES:

    Comments on the ICR must be received on or before January 16, 2018.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 795-7714.

    FOR FURTHER INFORMATION CONTACT:

    When submitting comments or requesting information, please include the document identifier 0990-New-60D and project title for reference., to [email protected], or call the Reports Clearance Officer.

    SUPPLEMENTARY INFORMATION:

    Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Information Collection Request Title: Application packets for Real Property for Public Health Purposes.

    Abstract: The Office of Assistant Secretary for Administration, Program Support Center Federal Property Assistance Program is requesting approval by OMB on a revision. Cited, 40 U.S.C. 550, as amended, provides authority to the Secretary of Health and Human Services to convey or lease surplus real property to States and their political subdivisions and instrumentalities, to tax-supported institutions, and to nonprofit institutions which (except for institutions which lease property to assist the homeless) have been held exempt from taxation under Section 501(c)(3) of the 1954 Internal Revenue Code, and 501(c)(19) for veterans organizations, for public health purposes. Title V of the McKinney-Vento Homeless Assistance Act (Title V) extended the Secretary's authority to include homeless assistance purposes as a permissible use under public health. The Federal Asset and Transfer Act of 2016 (Pub. L. 114-287) streamlined the Title V process bifurcating the application process. Transfers are made to transferees at little or no cost.

    Need and Proposed Use of the Information: State and local governments and non-profit institutions use these applications to apply for excess/surplus, underutilized/unutilized and off-site government real property. These applications are used to determine if institutions/organizations are eligible to purchase, lease or use property under the provisions of the surplus real property program.

    The total annual burden hours estimated for this ICR are summarized in the table below.

    Total Estimated Annualized Burden—Hours Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total
  • burden hours
  • Applications for surplus Federal real property 15 1 200 3000 Total 15 1 200 3000
    Terry S. Clark, Asst Information Collection Clearance Officer.
    [FR Doc. 2017-24671 Filed 11-14-17; 8:45 am] BILLING CODE 4150-04-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

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

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

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member conflict: Auditory Neuroscience.

    Date: December 5-6, 2017.

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

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: John Bishop, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5182, MSC 7844, Bethesda, MD 20892, (301) 408-9664, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; AREA: Oncological Sciences.

    Date: December 7, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892.

    Contact Person: Svetlana Kotliarova, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 6214, Bethesda, MD 20892, 301-594-7945, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Epidemiology of Environmental Exposures, Metabolism, and Kidney, Lung, and Infectious Disease.

    Date: December 11, 2017.

    Time: 1:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call).

    Contact Person: George Vogler, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3140, MSC 7770, Bethesda, MD 20892, (301) 237-2693, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel; Member Conflict: Pain Mechanisms.

    Date: December 12-13, 2017.

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

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: John Bishop, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5182, MSC 7844, Bethesda, MD 20892, (301) 408-9664, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS).
    Dated: November 8, 2017. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-24685 Filed 11-14-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Substance Abuse and Mental Health Services Administration Center for Substance Abuse Prevention; Notice of Meeting

    Pursuant to Public Law 92-463, notice is hereby given that the Substance Abuse and Mental Health Services Administration's (SAMHSA) Center for Substance Abuse Prevention (CSAP) Drug Testing Advisory Board (DTAB) will meet via web conference on December 6, 2017.

    The board will meet in closed session on December 6, 2017, from 10:00 a.m. to 4:00 p.m. EST to discuss proposed revisions to the Mandatory Guidelines for Federal Workplace Drug Testing Programs (Oral Fluid), evaluation of hair as an alternate matrix for drug testing, and future board activities. The meeting will be closed to the public as determined by the Assistant Secretary for Mental Health and Substance Use, SAMHSA, in accordance with 5 U.S.C. 552b(c)(4) and (9)(B), and 5 U.S.C. App. 2, Section 10(d).

    The web conference call-in number and access code will only be available to board members, invited guests, and CSAP staff. Registration will be available for members and invited guests online at http://snacregister.samhsa.gov/MeetingList.aspx.

    Meeting information and a roster of DTAB members may be obtained by accessing the SAMHSA Advisory Committees Web site, http://www.samhsa.gov/about-us/advisory-councils/drug-testing-advisory-board-dtab or by contacting the Designated Federal Officer, Brian Makela.

    Committee Name: Substance Abuse and Mental Health Services Administration's Center for Substance Abuse Prevention Drug Testing Advisory Board.

    Dates/Time/Type: December 6, 2017, from 10:00 a.m. to 4:00 p.m., EST: CLOSED.

    Place: Parklawn Building, 5600 Fishers Lane, Rockville, Maryland 20857.

    Contact: Brian Makela, Division of Workplace Programs, 5600 Fishers Lane, Room 16N02B, Rockville, Maryland 20857, Telephone: 240-276-2600, Email: [email protected]

    Brian Makela, Chemist, Substance Abuse and Mental Health Services Administration.
    [FR Doc. 2017-24717 Filed 11-14-17; 8:45 am] BILLING CODE 4162-20-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection [1651-0114] Agency Information Collection Activities: Crewman's Landing Permit AGENCY:

    U.S. Customs and Border Protection (CBP), Department of Homeland Security.

    ACTION:

    60-Day Notice and request for comments; extension of an existing collection of information.

    SUMMARY:

    The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.

    DATES:

    Comments are encouraged and will be accepted (no later than January 16, 2018) to be assured of consideration.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice must include the OMB Control Number 1651-0114 in the subject line and the agency name. To avoid duplicate submissions, please use only one of the following methods to submit comments:

    (1) Email. Submit comments to: [email protected]

    (2) Mail. Submit written comments to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional PRA information should be directed to CBP Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Office of Trade, Regulations and Rulings, Economic Impact Analysis Branch, 90 K Street NE., 10th Floor, Washington, DC 20229-1177, or via email [email protected] Please note that the contact information provided here is solely for questions regarding this notice. Individuals seeking information about other CBP programs should contact the CBP National Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP Web site at https://www.cbp.gov/.

    SUPPLEMENTARY INFORMATION:

    CBP invites the general public and other Federal agencies to comment on the proposed and/or continuing information collections pursuant to the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). This process is conducted in accordance with 5 CFR 1320.8. Written comments and suggestions from the public and affected agencies should address one or more of the following four points: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) suggestions to enhance the quality, utility, and clarity of the information to be collected; and (4) suggestions to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. The comments that are submitted will be summarized and included in the request for approval. All comments will become a matter of public record.

    Overview of This Information Collection

    Title: Crewman's Landing Permit.

    OMB Number: 1651-0114.

    Form Number: Form I-95.

    Current Actions: This submission is being made to extend the expiration date with no change to the burden hours or to this collection of information.

    Type of Review: Extension (without change).

    Affected Public: Businesses.

    Abstract: CBP Form I-95, Crewman's Landing Permit, is prepared and presented to CBP by the master or agent of vessels and aircraft arriving in the United States for alien crewmen applying for landing privileges. This form is provided for by 8 CFR 251.1(c) which states that, with certain exceptions, the master, captain, or agent shall present this form to CBP for each nonimmigrant alien crewman on board. In addition, pursuant to 8 CFR 252.1(e), CBP Form I-95 serves as the physical evidence that an alien crewmember has been granted a conditional permit to land temporarily, and it is also a prescribed registration form under 8 CFR 264.1 for crewmen arriving by vessel or air. CBP Form I-95 is authorized by Section 252 of the Immigration and Nationality Act (8 U.S.C. 1282) and is accessible at http://www.cbp.gov/sites/default/files/documents/CBP%20Form%20I-95.pdf.

    Estimated Number of Respondents: 433,000.

    Total Number of Estimated Annual Responses: 433,000.

    Estimated time per Response: 5 minutes.

    Estimated Total Annual Burden Hours: 35,939.

    Dated: November 8, 2017. Seth Renkema, Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border Protection.
    [FR Doc. 2017-24644 Filed 11-14-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-HQ-MB-2017-N149; 91200-FF09M21200-178-FXMB1231099BPP0] Environmental Assessment and Finding of No Significant Impact for the Issuance of Depredation Permits for Double-Crested Cormorants AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of availability.

    SUMMARY:

    This notice advises the public of the completion of an environmental assessment (EA) and finding of no significant impact (FONSI). The EA analyzed the potential impacts of a proposal to make decisions on depredation permit applications for the annual take (i.e., lethal removal) of up to 51,571 double-crested cormorants, Phalcrocorax auritus, across 37 central and eastern States and the District of Columbia. The EA considered two alternatives: The proposed action; and the reduced take alternative (which is the preferred alternative). The scope of the EA is to issue permits to manage cormorant damage at aquaculture facilities, protect human health and safety, protect threatened and endangered wildlife, and alleviate damage to property. Based on the analysis contained in the EA, the Service finds that the preferred alternative would not constitute a major Federal action significantly affecting the quality of the human environment, as outlined in the accompanying FONSI.

    ADDRESSES:

    You can obtain a copy of the EA and FONSI by writing to the Division of Migratory Bird Management, 5275 Leesburg Pike, Falls Church, VA 22041. We will also post the EA on our Web site at http://www.fws.gov/migratorybirds.

    FOR FURTHER INFORMATION CONTACT:

    Ken Richkus, Deputy Chief, Division of Migratory Bird Management, (703) 358-1730; [email protected]

    SUPPLEMENTARY INFORMATION: Background

    The U.S. Fish and Wildlife Service (Service) is the Federal agency delegated the primary responsibility for managing migratory birds. Our authority derives from the Migratory Bird Treaty Act of 1918, as amended (MBTA or Act, 16 U.S.C. 703 et seq.), which implements conventions with Great Britain (for Canada), Mexico, Japan, and the Russia Federation. The MBTA protects certain migratory birds from take, except as permitted under the Act. We implement the provisions of the MBTA through regulations in parts 10, 13, 20, 21, and 22 of title 50 of the Code of Federal Regulations (CFR). Regulations pertaining to migratory bird permits are at 50 CFR part 21.

    The EA serves as a framework for the Service to make timely decisions on depredation permit applications submitted pursuant to 50 CFR 21.41 for the lethal take of cormorants. Based on the scope and environmental consequences identified in the EA, the Service will evaluate each permit application that we receive on an individual basis. We will also conduct a tiered review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.; NEPA) and produce a finding identifying whether any additional actions or assessments are needed.

    The proposed action and the preferred alternative in the EA address the need of the Service to maintain cormorant populations and process depredation permit applications for the lethal take of cormorants to: (1) Alleviate damage at or near aquaculture facilities; (2) protect human health and safety; (3) protect threatened and endangered species (as listed under the Endangered Species Act of 1973, as amended, (16 U.S.C. 1531 et seq.)); and (4) alleviate damage to property. The geographic scope of the EA is limited to 37 central and eastern States and the District of Columbia, as identified in the EA. This EA assists with our compliance with NEPA and aids us in making a determination as to whether the actions could “significantly” impact the human environment, which includes “the natural and physical environment and the relationship of people with that environment” (40 CFR 1508.14).

    Based on the independent analysis within the EA, the Service has found that this action would not constitute a major Federal action significantly affecting the quality of the human environment. A FONSI has been signed for the proposed action of making decisions on depredation permit applications to manage cormorant damage related to human health and safety, aquaculture facilities, protection of threatened and endangered species, and property damage and is now available.

    Authority

    This notice is published under the authority of the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

    Dated: October 27, 2017. Gregory J. Sheehan, Principal Deputy Director, U.S. Fish and Wildlife Service.
    [FR Doc. 2017-24702 Filed 11-14-17; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT924000 L14400000.FR0000 17XL1109AF; MO#4500106754; MTM 108489] Initial Classification and Extension of the Proposed Classification and Segregation for State In Lieu Selection, Montana AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of lands suitable for conveyance.

    SUMMARY:

    The Montana Department of Natural Resources and Conservation (State) has filed a petition for classification and application to obtain public lands and the mineral estate in lieu of lands to which the State was entitled, but did not receive, under its Statehood Act. This classification, made under Section 7 of the Taylor Grazing Act of June 8, 1934, partially satisfies the obligation to the State. This Notice also extends the segregation initiated by that application, and the proposed classification published in the Federal Register on October 17, 2016, for the remaining lands included in the State's application to allow continued review to determine suitability.

    DATES:

    Written comments requesting administrative review regarding the classification of lands and minerals may be submitted to the Secretary of the Interior (Secretary) on or before December 15, 2017. Additional administrative review requirements are found in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    Send requests for administrative review to the Secretary of the Interior, 1849 C Street NW., Room 2134LM, WO-350 (Wilhight), Washington, DC 20240.

    FOR FURTHER INFORMATION CONTACT:

    Renee Johnson, Branch of Lands, Realty, and Renewable Energy; telephone (406) 896-5028; email [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the above individual during normal business hours. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    Sections 2275 and 2276 of the Revised Statutes, as amended (43 U.S.C. 851 and 852), provide authority for the State of Montana to receive title to public land in lieu of lands to which it was entitled under the Enabling Act of 1889 (25 Stat. 676) but did not receive because the lands were either encumbered or no longer held in Federal ownership.

    Section 7 of the Taylor Grazing Act of June 8, 1934 (43 U.S.C. 315 et seq.) requires that such public lands and/or minerals identified for proposed transfers out of Federal ownership under this authority must first be classified. The Bureau of Land Management (BLM) is classifying these lands and minerals pursuant to 43 CFR 2400 and Section 7 of the Taylor Grazing Act of June 8, 1934. The BLM has completed a review and environmental analysis on a portion of the lands included in the proposed classification dated October 17, 2016 (80 FR 71529), and is hereby classifying 2,126.11 acres as suitable for conveyance. The environmental analysis resulted in a Finding of No Significant Impact. The BLM is continuing review of the remaining 13,929.63 acres of the total 16,055.74 acres included in the proposed classification.

    For a period of 30 days from the date of publication of this Notice, this classification is subject to the exercise of administrative review and modification by the Secretary as provided for under 43 CFR 2461.3. All persons who wish to request that the Secretary conduct an administrative review of the finding that these lands are suitable for conveyance to the State may present their views to the address given in the ADDRESSES section above. Electronic mail, facsimile, or telephone requests will not be accepted. Requests for administrative review will be evaluated by the Secretary, or his delegate, who will issue a notice of determination to proceed with, modify, or cancel the initial classification. In the absence of any requests for administrative review, this initial classification will become final and effective on December 15, 2017.

    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 request to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    The lands/minerals affected by this classification are in Chouteau, Hill, and Custer Counties, Montana, and are described as follows:

    Principal Meridian, Montana T. 29 N., R. 11 E., Sec. 21, N1/2NE1/4 and N1/2NW1/4; Sec. 22, NW1/4NW1/4. T. 29 N., R. 12 E., Sec. 9, W1/2 and SE1/4; Sec. 21, N1/2NE1/4 and N1/2NW1/4; Sec. 22; Sec. 28, W1/2; Sec. 29, E1/2NE1/4 and E1/2SE1/4. T. 30 N., R. 12 E., Sec. 35, SE1/4. T. 7 N., R. 47 E., tracts DD and FF.

    The areas described aggregate 2,126.11 acres.

    The BLM has examined the lands described above for evidence of valid existing rights and any constraints that would prevent conveyance. No persons other than holders of leases, permits, and rights-of-way, asserted a claim to, or interest in, the lands proposed for classification.

    When the selection is certified to the State, the document transferring title will contain the following reservations to the United States:

    1. A right-of-way thereon for ditches and canals constructed by the authority of the United States, pursuant to the Act of August 30, 1890, 26 Stat. 391 (43 U.S.C. 945).

    2. A right-of-way for a storm water drainage system and all appurtenances thereto, through, over, and upon the land described as tracts DD and FF, T.7N, R.47E, Principal Meridian, Montana, including the right of the United States and its agents, assigns, or employees, to enter upon, maintain, operate, repair, or improve the same, so long as needed or used for or by the United States.

    The title will also be taken subject to:

    1. Those rights for a power line granted to MDU Resources Group, Inc., its successors or assigns, by right-of-way No. MTM 91401, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in tracts DD and FF, T. 7 N., R. 47 E., Principal Meridian, Montana.

    2. Those rights for a power line granted to Northwestern Corporation, its successors or assigns, by right-of-way No. MTM 108329, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in sections 21, 22, 28, and 29, T. 29 N., R. 12. E., Principal Meridian, Montana.

    3. Those rights for a water pipeline granted to Loma Sewer and Water, its successors or assigns, by right-of-way No. MTM 93467, pursuant to the Act of October 21, 1976 (43 U.S.C. 1761), located in the E1/2NE1/4 and E1/2SE1/4, section 29, T. 29 N., R. 12. E., Principal Meridian, Montana.

    Right-of-way holders will be afforded the opportunity to modify their existing authorization per 43 CFR 2807.15 prior to official transfer of the lands to the State.

    The subject lands contain grazing leases authorized under Section 15 of the Taylor Grazing Act. The holders of the BLM grazing use authorizations received the required 2-year notices as outlined in 43 CFR 4110.4-2(b). The lands will not be conveyed until expiration of the 2-year period or receipt of a waiver from the current holder. State of Montana procedures provide that upon Land Board Approval, the State will offer 10-year grazing leases to the current holders of BLM permits/leases on any transferred lands.

    The lands contain no oil and gas, geothermal, or other leases issued under the authority of the Mineral Leasing Act of 1920 (30 U.S.C. 181 et seq.). No mining claims are recorded with the BLM on these lands, nor was any evidence of mining activity found on the ground. Title will not be subject to the agricultural leases issued under the authority of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1732) that expire on December 31, 2017.

    This Notice also extends the proposed classification and segregation of the land contained in the State's application, but not yet found suitable for conveyance, for a period of 2 additional years through December 1, 2019. These lands remain segregated from all forms of disposal under the public land laws, including the mining laws, except for the form of land disposal specified in the notice of proposed classification. This publication does not alter the applicability of the public land laws governing the use of the lands under lease, license, or permits or governing the disposal of their mineral and vegetative resources, other than under the mining laws.

    The segregative effect of this extension will terminate in one of the following ways:

    (1) Classification of the lands within 2 years of publication of this notice of extension of the proposed classification in the Federal Register;

    (2) Publication of a notice of termination of the proposed classification in the Federal Register;

    (3) An Act of Congress; or

    (4) Expiration of the additional 2-year period extending the proposed classification afforded by publication of this Notice.

    Authority:

    43 CFR parts 2400 and 2621.

    Jon K. Raby, Acting State Director, Montana/Dakotas.
    [FR Doc. 2017-24665 Filed 11-14-17; 8:45 am] BILLING CODE 4310-DN-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLWO320000.17X.19900000.PO0000; OMB Control Number 1004-0169] Agency Information Collection Activities; Use and Occupancy Under the Mining Laws AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Bureau of Land Management (BLM), are proposing to renew an information collection with revisions.

    DATES:

    Interested persons are invited to submit comments on or before January 16, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to the U.S. Department of the Interior, Bureau of Land Management, 1849 C Street NW., Room 2134LM, Washington DC 20240, Attention: Jean Sonneman; or by email to Jean Sonneman at [email protected] Please reference OMB Control Number 1004-0169 in the subject line of your comments.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact Adam Merrill by email at [email protected], or by telephone at 202-912-7044.

    SUPPLEMENTARY INFORMATION:

    In accordance with the Paperwork Reduction Act of 1995, we provide the general public and other Federal agencies with an opportunity to comment on new, proposed, revised, and continuing collections of information. This helps us assess the impact of our information collection requirements and minimize the public's reporting burden. It also helps the public understand our information collection requirements and provide the requested data in the desired format.

    We are soliciting comments on the proposed ICR that is described below. We are especially interested in public comment addressing the following issues: (1) Is the collection necessary to the proper functions of the BLM; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the BLM enhance the quality, utility, and clarity of the information to be collected; and (5) how might the BLM minimize the burden of this collection on the respondents, including through the use of information technology.

    Comments that you submit in response to this notice are a matter of public record. We will include or summarize each comment in our request to OMB to approve this ICR. 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 the BLM in your comment to withhold your personal-identifying information from public review, we cannot guarantee that we will be able to do so.

    Abstract: This information collection enables the BLM to regulate the use and occupancy of unpatented hardrock mining claims, and to take any action necessary to prevent unnecessary or undue degradation of public lands as a result of such use or occupancy. The BLM collects information from mining claimants who want to undertake the activities that are necessary in order to locate a mining claim or mill site.

    Title of Collection: Use and Occupancy Under the Mining Laws.

    OMB Control Number: 1004-0169.

    Form Number: None.

    Type of Review: Revision of a currently approved collection.

    Respondents/Affected Public: Mining claimants.

    Total Estimated Number of Annual Respondents: 70.

    Total Estimated Number of Annual Responses: 70.

    Estimated Completion Time per Response: 4 hours.

    Total Estimated Number of Annual Burden Hours: 280.

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

    Frequency of Collection: Once.

    Total Estimated Annual Nonhour Burden Cost: None.

    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 authority for this action is the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Jean Sonneman, Information Collection Clearance Officer, Bureau of Land Management.
    [FR Doc. 2017-24666 Filed 11-14-17; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [AA-10721, AA-10757, AA-11012, AA-11014, AA-11072, AA-12433, AA-12434, AA-12459, AA-12557, AA-12582, AA-12624 17X.LLAK944000.L14100000.HY0000.P] Alaska Native Claims Selection AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice of decision approving lands for conveyance.

    SUMMARY:

    The Bureau of Land Management (BLM) hereby provides constructive notice that it will issue an appealable decision approving conveyance of the surface and subsurface estates in certain lands to Chugach Alaska Corporation, an Alaska Native regional corporation, pursuant to the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA).

    DATES:

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the time limits set out in the SUPPLEMENTARY INFORMATION section.

    ADDRESSES:

    A copy of the decision may be obtained from: Bureau of Land Management, Alaska State Office, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513-7504.

    FOR FURTHER INFORMATION CONTACT:

    Chelsea Kreiner, BLM Alaska State Office, by phone at 907-271-4205 or by email at [email protected] Persons who use a Telecommunications Device for the Deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact the BLM, Alaska State Office, during normal business hours. The relay service is available 24 hours a day, 7 days a week, to leave a message or question with the BLM. The BLM will reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    As required by 43 CFR 2650.7(d), notice is hereby given that the BLM will issue an appealable decision to Chugach Alaska Corporation. The decision approves conveyance of the surface and subsurface estates in certain lands pursuant to ANCSA (43 U.S.C. 1601, et seq.), as amended.

    The lands are located in the vicinity of Prince William Sound, and aggregate 154.55 acres.

    Notice of the decision will also be published once a week for four consecutive weeks in the Valdez Star newspaper.

    Any party claiming a property interest in the lands affected by the decision may appeal the decision in accordance with the requirements of 43 CFR part 4 within the following time limits:

    1. Unknown parties, parties unable to be located after reasonable efforts have been expended to locate, parties who fail or refuse to sign their return receipt, and parties who receive a copy of the decision by regular mail which is not certified, return receipt requested, shall have until December 15, 2017 to file an appeal.

    2. Parties receiving service of the decision by certified mail shall have 30 days from the date of receipt to file an appeal.

    Parties who do not file an appeal in accordance with the requirements of 43 CFR part 4 shall be deemed to have waived their rights. Notices of appeal transmitted by facsimile will not be accepted as timely filed.

    Chelsea Kreiner, Land Law Examiner, Adjudication Section.
    [FR Doc. 2017-24667 Filed 11-14-17; 8:45 am] BILLING CODE 4310-JA-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 731-TA-1359 (Final)] Carton-Closing Staples From China; Scheduling of the Final Phase of an Antidumping Duty Investigation AGENCY:

    United States International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission hereby gives notice of the scheduling of the final phase of antidumping investigation No. 731-TA-1359 (Final) pursuant to the Tariff Act of 1930 (“the Act”) to determine whether an industry in the United States is materially injured or threatened with material injury, or the establishment of an industry in the United States is materially retarded, by reason of imports of carton-closing staples from China, provided for in subheadings 8305.20.00 and 7317.00.65 of the Harmonized Tariff Schedule of the United States, preliminarily determined by the Department of Commerce to be sold at less than fair value.

    DATES:

    November 3, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Amanda Lawrence (202-205-3185), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (https://www.usitc.gov). The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    SUPPLEMENTARY INFORMATION:

    Scope.—For purposes of this investigation, the Department of Commerce has defined the subject merchandise as “carton-closing staples. Carton-closing staples may be manufactured from carbon, alloy, or stainless steel wire, and are included in the scope of the investigation regardless of whether they are uncoated or coated, regardless of the type of coating. Carton-closing staples are generally made to American Society for Testing and Materials (ASTM) specification ASTM D1974/D1974M-16, but can also be made to other specifications. Regardless of specification, however, all carton-closing staples meeting the scope description are included in the scope. Carton-closing staples include stick staple products, often referred to as staple strips, and roll staple products, often referred to as coils. Stick staples are lightly cemented or lacquered together to facilitate handling and loading into stapling machines. Roll staples are taped together along their crowns. Carton-closing staples are covered regardless of whether they are imported in stick form or roll form. Carton-closing staples vary by the size of the wire, the width of the crown, and the length of the leg. The nominal leg length ranges from 0.4095 inch to 1.375 inches and the nominal crown width ranges from 1.125 inches to 1.375 inches. The size of the wire used in the production of carton-closing staples varies from 0.029 to 0.064 inch (nominal thickness) by 0.064 to 0.100 inch (nominal width).”

    Background.—The final phase of this investigation is being scheduled, pursuant to section 735(b) of the Tariff Act of 1930 (19 U.S.C. 1673d(b)), as a result of an affirmative preliminary determination by the Department of Commerce that imports of carton-closing staples from China are being sold in the United States at less than fair value within the meaning of section 733 of the Act (19 U.S.C. 1673b). The investigation was requested in a petition filed on March 31, 2017 by North American Steel & Wire, Inc./ISM Enterprises, Butler, Pennsylvania.

    For further information concerning the conduct of this phase of the investigation, hearing procedures, and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A and C (19 CFR part 207).

    Participation in the investigation and public service list.—Persons, including industrial users of the subject merchandise and, if the merchandise is sold at the retail level, representative consumer organizations, wishing to participate in the final phase of this investigation as parties must file an entry of appearance with the Secretary to the Commission, as provided in section 201.11 of the Commission's rules, no later than 21 days prior to the hearing date specified in this notice. A party that filed a notice of appearance during the preliminary phase of the investigation need not file an additional notice of appearance during this final phase. The Secretary will maintain a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigation.

    Limited disclosure of business proprietary information (BPI) under an administrative protective order (APO) and BPI service list.—Pursuant to section 207.7(a) of the Commission's rules, the Secretary will make BPI gathered in the final phase of this investigation available to authorized applicants under the APO issued in the investigation, provided that the application is made no later than 21 days prior to the hearing date specified in this notice. Authorized applicants must represent interested parties, as defined by 19 U.S.C. 1677(9), who are parties to the investigation. A party granted access to BPI in the preliminary phase of the investigation need not reapply for such access. A separate service list will be maintained by the Secretary for those parties authorized to receive BPI under the APO.

    Staff report.—The prehearing staff report in the final phase of this investigation will be placed in the nonpublic record on February 27, 2018, and a public version will be issued thereafter, pursuant to section 207.22 of the Commission's rules.

    Hearing.—The Commission will hold a hearing in connection with the final phase of this investigation beginning at 9:30 a.m. on Tuesday, March 13, 2018, at the U.S. International Trade Commission Building. Requests to appear at the hearing should be filed in writing with the Secretary to the Commission on or before March 7, 2018. A nonparty who has testimony that may aid the Commission's deliberations may request permission to present a short statement at the hearing. All parties and nonparties desiring to appear at the hearing and make oral presentations should participate in a prehearing conference to be held on March 12, 2018, at the U.S. International Trade Commission Building, if deemed necessary. Oral testimony and written materials to be submitted at the public hearing are governed by sections 201.6(b)(2), 201.13(f), and 207.24 of the Commission's rules. Parties must submit any request to present a portion of their hearing testimony in camera no later than 7 business days prior to the date of the hearing.

    Written submissions.—Each party who is an interested party shall submit a prehearing brief to the Commission. Prehearing briefs must conform with the provisions of section 207.23 of the Commission's rules; the deadline for filing is March 6, 2018. Parties may also file written testimony in connection with their presentation at the hearing, as provided in section 207.24 of the Commission's rules, and posthearing briefs, which must conform with the provisions of section 207.25 of the Commission's rules. The deadline for filing posthearing briefs is March 20, 2018. In addition, any person who has not entered an appearance as a party to the investigation may submit a written statement of information pertinent to the subject of the investigation, including statements of support or opposition to the petition, on or before March 20, 2018. On April 10, 2018, the Commission will make available to parties all information on which they have not had an opportunity to comment. Parties may submit final comments on this information on or before April 12, 2018, but such final comments must not contain new factual information and must otherwise comply with section 207.30 of the Commission's rules. All written submissions must conform with the provisions of section 201.8 of the Commission's rules; any submissions that contain BPI must also conform with the requirements of sections 201.6, 207.3, and 207.7 of the Commission's rules. The Commission's Handbook on E-Filing, available on the Commission's Web site at https://www.usitc.gov/secretary/documents/handbook_on_filing_procedures.pdf, elaborates upon the Commission's rules with respect to electronic filing.

    Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.

    In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the investigation must be served on all other parties to the investigation (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.

    Authority: This investigation is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.21 of the Commission's rules.

    By order of the Commission.

    Issued: November 9, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-24704 Filed 11-14-17; 8:45 am] BILLING CODE 7020-02-P
    DEPARTMENT OF JUSTICE Bureau of Alcohol, Tobacco, Firearms and Explosives [OMB Number 1140-0058] Agency Information Collection Activities; Proposed eCollection eComments Requested; Extension With or Without Change of a Currently Approved Collection; Investigator Integrity Questionnaire—ATF F 8620.7 AGENCY:

    Bureau of Alcohol, Tobacco, Firearms and Explosives, Department of Justice.

    ACTION:

    60-day notice.

    SUMMARY:

    The Department of Justice (DOJ), Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), will submit the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted for 60 days until January 16, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments, particularly with respect to the estimated public burden or associated response time, have suggestions, need a copy of the proposed information collection instrument with instructions, or desire any additional information, please contact Niki Wiltshire, Personnel Security Division either by mail at Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Washington, DC 20226, or by telephone at 202-648-9260, or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection (check justification or form 83): Extension, without change, of a currently approved collection.

    2. The Title of the Form/Collection: Investigator Integrity Questionnaire.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection:

    Form number (if applicable): ATF F 8620.7.

    Component: Bureau of Alcohol, Tobacco, Firearms and Explosives, U.S. Department of Justice.

    4. Affected public who will be asked or required to respond, as well as a brief abstract:

    Primary: Individuals or households.

    Other (if applicable): None.

    Abstract: ATF utilizes the services of contract investigators to conduct security/suitability investigations on prospective or current employees, as well as those contractors and consultants doing business with ATF. Persons interviewed by contract investigators will be randomly selected to voluntarily complete a questionnaire regarding the investigator's degree of professionalism.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: An estimated 2,500 respondents will utilize the form, and it will take each respondent approximately 5 minutes to complete the form.

    6, An estimate of the total public burden (in hours) associated with the collection: The estimated annual public burden associated with this collection is 208 hours which is equal to 2,500 (# of respondents) * .083(5 minutes).

    If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.

    Dated: November 8, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2017-24610 Filed 11-14-17; 8:45 am] BILLING CODE 4410-FY-P
    DEPARTMENT OF JUSTICE Drug Enforcement Administration [Docket No. DEA-392] Importer of Controlled Substances Application: Anderson Brecon, Inc. ACTION:

    Notice of application.

    DATES:

    Registered bulk manufacturers of the affected basic classes, and applicants therefore, may file written comments on or objections to the issuance of the proposed registration on or before December 15, 2017. Such persons may also file a written request for a hearing on the application on or before December 15, 2017.

    ADDRESSES:

    Written comments should be sent to: Drug Enforcement Administration, Attention: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing must be sent to: Drug Enforcement Administration, Attn: Administrator, 8701 Morrissette Drive, Springfield, Virginia 22152. All requests for hearing should also be sent to: (1) Drug Enforcement Administration, Attn: Hearing Clerk/LJ, 8701 Morrissette Drive, Springfield, Virginia 22152; and (2) Drug Enforcement Administration, Attn: DEA Federal Register Representative/DRW, 8701 Morrissette Drive, Springfield, Virginia 22152.

    SUPPLEMENTARY INFORMATION:

    The Attorney General has delegated his authority under the Controlled Substances Act to the Administrator of the Drug Enforcement Administration (DEA), 28 CFR 0.100(b). Authority to exercise all necessary functions with respect to the promulgation and implementation of 21 CFR part 1301, incident to the registration of manufacturers, distributors, dispensers, importers, and exporters of controlled substances (other than final orders in connection with suspension, denial, or revocation of registration) has been redelegated to the Assistant Administrator of the DEA Office of Diversion Control (“Assistant Administrator”) pursuant to section 7 of 28 CFR part 0, appendix to subpart R.

    In accordance with 21 CFR 1301.34(a), this is notice that on June 10, 2016, Anderson Brecon, Inc., DBA PCI of Illinois, 5775 Logistics Parkway, Rockford, Illinois 61109 applied to be registered as an importer of Ajulemic Acid (7370), a basic class of controlled substance listed in schedule I.

    The company plans to import the listed controlled substances in over-encapsulated tablets for clinical trial only. Approval of permit applications will occur only when the registrant's business activity is consistent with what is authorized under 21 U.S.C. 952(a)(2). Authorization will not extend to the import of FDA approved or non-approved finished dosage forms for commercial sale.

    Dated: November 7, 2017. Demetra Ashley, Acting Assistant Administrator.
    [FR Doc. 2017-24674 Filed 11-14-17; 8:45 am] BILLING CODE 4410-09-P
    DEPARTMENT OF JUSTICE Notice of Lodging of Consent Decree Under the Clean Air Act

    On November 9, 2017, the Department of Justice lodged a proposed Consent Decree with the United States District Court for the Western District of Washington in United States v. United States Seafoods LLC, Seafreeze Alaska I LLC, and Alaska Alliance LLC, Civil Action No. 17-civ-01677.

    The Consent Decree settles claims brought by the United States for violations of the Clean Air Act and federal regulations promulgated thereunder with respect to refrigeration equipment owned and operated by Defendants on two commercial fishing vessels. Under the Consent Decree, Defendant will undertake measures to prevent future similar violations and pay a civil penalty of $135,000.

    The publication of this notice opens a period for public comment on the proposed Consent Decree. Comments should be addressed to the Assistant Attorney General, Environment and Natural Resources Division, and should refer to United States v. United States Seafoods LLC, Seafreeze Alaska I LLC, and Alaska Alliance LLC, D.J. Ref. No. 90-5-2-1-11506. All comments must be submitted no later than thirty (30) days after the publication date of this notice. Comments may be submitted either by email or by mail:

    To submit comments: Send them to: By email [email protected] By mail Assistant Attorney General, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    During the public comment period, the Consent Decree may be examined and downloaded at this Justice Department Web site: https://www.justice.gov/enrd/consent-decrees.

    We will provide a paper copy of the Consent Decree upon written request and payment of reproduction costs. Please mail your request and payment to: Consent Decree Library, U.S. DOJ—ENRD, P.O. Box 7611, Washington, DC 20044-7611.

    Please enclose a check or money order for $55 (25 cents per page reproduction cost) payable to the United States Treasury.

    Susan M. Akers, Assistant Section Chief, Environmental Enforcement Section, Environment and Natural Resources Division.
    [FR Doc. 2017-24677 Filed 11-14-17; 8:45 am] BILLING CODE 4410-15-P
    LEGAL SERVICES CORPORATION Sunshine Act Meeting Notice DATE AND TIME:

    The Legal Services Corporation's Board of Directors will meet telephonically on November 28, 2017. The meeting will commence at 4:00 p.m., EST, and will continue until the conclusion of the Committee's agenda.

    LOCATION:

    John N. Erlenborn Conference Room, Legal Services Corporation Headquarters, 3333 K Street NW., Washington DC 20007.

    PUBLIC OBSERVATION:

    Members of the public who are unable to attend in person but wish to listen to the public proceedings may do so by following the telephone call-in directions provided below.

    CALL-IN DIRECTIONS FOR OPEN SESSIONS:

    • Call toll-free number: 1-866-451-4981;

    • When prompted, enter the following numeric pass code: 5907707348

    • When connected to the call, please immediately “MUTE” your telephone. Members of the public are asked to keep their telephones muted to eliminate background noises. To avoid disrupting the meeting, please refrain from placing the call on hold if doing so will trigger recorded music or other sound. From time to time, the Chair may solicit comments from the public.

    STATUS OF MEETING:

    Open.

    MATTERS TO BE CONSIDERED:

    1. Approval of agenda 2. Consider and act on the Board of Directors' transmittal to accompany the Inspector General's Semiannual Report to Congress for the period of April 1, 2017 through September 30, 2017 3. Public comment 4. Consider and act on other business 5. Consider and act on adjournment of meeting. CONTACT PERSON FOR INFORMATION:

    Katherine Ward, Executive Assistant to the Vice President & General Counsel, at (202) 295-1500. Questions may be sent by electronic mail to [email protected].

    ACCESSIBILITY:

    LSC complies with the Americans with Disabilities Act and Section 504 of the 1973 Rehabilitation Act. Upon request, meeting notices and materials will be made available in alternative formats to accommodate individuals with disabilities. Individuals needing other accommodations due to disability in order to attend the meeting in person or telephonically should contact Katherine Ward, at (202) 295-1500 or [email protected], at least 2 business days in advance of the meeting. If a request is made without advance notice, LSC will make every effort to accommodate the request but cannot guarantee that all requests can be fulfilled.

    Dated: November 13, 2017. Katherine Ward, Executive Assistant to the Vice President for Legal Affairs and General Counsel.
    [FR Doc. 2017-24844 Filed 11-13-17; 4:15 pm] BILLING CODE 7050-01-P
    NATIONAL CAPITAL PLANNING COMMISSION Draft Environmental Impact Statement—South Mall Campus Master Plan AGENCY:

    National Capital Planning Commission.

    ACTION:

    Notice of availability; request for comment; notice of public meetings.

    SUMMARY:

    The National Capital Planning Commission (NCPC or Commission) has released a Draft Environmental Impact Statement (DEIS) for the Smithsonian Institution's (SI) South Mall Campus Master Plan. The DEIS is available for comment as of the date of this notice.

    DATES:

    Submit comments on or before by January 16, 2018. Two public meetings will be held to discuss the DEIS:

    1. Monday, December 11, 2017, from 5:00 p.m. to 7:00 p.m.; and

    2. Monday, December 18, 2017, from 10:00 a.m.-12:00 p.m.

    ADDRESSES:

    The public meetings will be held at the National Capital Planning Commission, 401 9th Street NW., Suite 500, Washington, DC 20004.

    A copy of the DEIS is available for review at NCPC, or at: https://www.ncpc.gov/ and http://www.southmallcampus.si.edu/

    You may submit written comments on the DEIS by either of the methods listed below.

    1. U.S. mail, courier, or hand delivery: Urban Design & Plan Review Division/National Capital Planning Commission, 401 9th Street NW., Suite 500, Washington, DC 20004.

    2. Electronically: [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Matthew Flis, Senior Urban Designer at (202) 482-7236 or [email protected]

    SUPPLEMENTARY INFORMATION:

    Public Meetings

    No prior registration is required to speak at the meetings. Reasonable accommodations are available upon request to the contact individual noted above.

    Draft EIS

    NCPC, acting as lead federal agency, along with SI, as the project owner, and in cooperation with the National Park Service, has prepared the DEIS to evaluate potential environmental impacts associated with implementing the South Mall Campus Master Plan. The DEIS has been prepared in compliance with the National Environmental Policy Act of 1969, as amended (NEPA). SI proposes to prepare a Master Plan for its South Mall Campus to guide future short-term and long-term renovation and development of the 12-acre campus by establishing holistic planning and design principles. The campus currently includes five principle buildings and four designed gardens, located on the southern side of the National Mall within the monumental core of downtown Washington, DC. The Master Plan would be implemented over a 20 to 30 year period. The purpose of the Master Plan is to guide future short-term and long-term renovation of the South Mall Campus. The Master Plan is needed to meet SI's long-term space requirements, and to address operational deficiencies across the campus that impact visitor use and experience, as well as SI's ability to implement its programs effectively and safely. The project goals are to preserve and protect the historic buildings and features of the campus, improve and expand visitor services and education, create clear accessible entrances and connections between the museums, gardens and surrounding context, and replace aging and inefficient building systems in order to better protect collections and decrease SI's carbon footprint. The DEIS evaluates three master plan action alternatives, along with a no-action alternative.

    Authority:

    42 U.S.C. 4371-4375; 1 CFR 602.23(c).

    Dated: November 8, 2017. Anne R. Schuyler, General Counsel.
    [FR Doc. 2017-24650 Filed 11-14-17; 8:45 am] BILLING CODE 7520-01-P
    NATIONAL SCIENCE FOUNDATION Request for Information—Interagency Arctic Research Policy Committee, Chaired by the National Science Foundation AGENCY:

    National Science Foundation.

    ACTION:

    Request for information.

    SUMMARY:

    The Interagency Arctic Research Policy Committee (IARPC), chaired by the National Science Foundation, is seeking comment from the public on how best to revise and strengthen the Principles for the Conduct of Research in the Arctic (https://www.nsf.gov/geo/opp/arctic/conduct.jsp). These Principles were adopted in 1990 by the federal agencies that participate in IARPC and published in 1990. Since 1990, community engagement and Arctic research have advanced both in theory and in practice, necessitating a review and update of the current Principles. The update will focus on communicating clearly the Principles for community engagement by Arctic researchers and including language that describes partnerships and collaborations with Indigenous scholars, enhanced community-based observations, fostering community-based participatory research, and the integral contributions of Indigenous knowledge in the co-production and dissemination of knowledge. Input is also sought on enhancing the dissemination and implementation of the Principles.

    DATES:

    Written comments must be submitted no later than January 16, 2018.

    ADDRESSES:

    Email comments to [email protected] Address written submissions to Renee Crain, Office of Polar Programs, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314.

    FOR FURTHER INFORMATION CONTACT:

    For further information contact Renee Crain at 703-292-4482.

    SUPPLEMENTARY INFORMATION:

    All researchers working in the North have an ethical responsibility toward northern communities, their cultures, and the environment. The Interagency Arctic Research Policy Committee (IARPC) developed the Principles for the Conduct of Research in the Arctic to provide guidance for researchers in the physical, biological, behavioral, health, economic, political, and social sciences and in the humanities. The current Principles were prepared by the Social Science Task Force of the U.S. Interagency Arctic Research Policy Committee, approved by the IARPC on June 28, 1990, and published by IARPC in volume 9, (Spring, 1995, pp. 56-57) of the journal “Arctic Research of the United States” (https://www.arctic.gov/publications/related/arotus.html).

    The Principles address the need to promote mutual respect and communication between scientists and northern residents. These Principles are to be observed when carrying out or sponsoring research in the Arctic or when applying the results of this research. Since 1990, new theoretical and methodological approaches to community engagement and Arctic research have emerged necessitating a review and update of the current Principles with an aim to including more language on partnerships and collaborations, including increased engagement with Indigenous scholars, enhanced community-based observations, fostering community-based participatory research, and the integral contributions of Indigenous knowledge in the co-production and dissemination of knowledge.

    IARPC requests input from the public on how best to revise and strengthen the Principles for the Conduct of Research in the Arctic (https://www.nsf.gov/geo/opp/arctic/conduct.jsp), on how to disseminate the Principles, and on supporting the implementation of the Principles. Collaboration is needed at all stages of research planning, implementation, and reporting of projects that directly affect northern communities. Cooperation will contribute to a better understanding of the potential benefits of Arctic research for northern residents and will enhance the development of Arctic science by including Indigenous knowledge and experience.

    IARPC is interested in all suggestions for how to improve the Principles and information about how consultation and collaboration are working. The Working Group leading this effort drafted the following list of questions to consider. We welcome input on these issues and any others the public deems relevant.

    • What are the most important 3-5 principles for researchers to follow?

    • What elements of the Principles should be retained?

    • What are ways in which engagement between researchers and communities can be improved?

    • How can the Principles be made more widely known to researchers and to northern residents?

    The effort to revise the Principles is intended to collect input from the broadest set of stakeholders on the Principles document to include northern residents, Alaska Native communities, other Arctic Indigenous peoples, researchers, state and federal agency representatives, and others.

    Dated: November 8, 2017. Suzanne H. Plimpton, Reports Clearance Officer, National Science Foundation.
    [FR Doc. 2017-24678 Filed 11-14-17; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION Advisory Committee On Reactor Safeguards (ACRS); Meeting of the Acrs Subcommittee on Planning And Procedures; Notice of Meeting

    The ACRS Subcommittee on Planning and Procedures will hold a meeting on December 6, 2017, 11545 Rockville Pike, Room T-2B3, Rockville, Maryland 20852.

    The meeting will be open to public attendance.

    The agenda for the subject meeting shall be as follows:

    Wednesday, December 6, 2017—12:00 p.m. Until 1:00 p.m.

    The Subcommittee will discuss proposed ACRS activities and related matters. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.

    Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Quynh Nguyen (Telephone 301-415-5844 or Email: [email protected]) five days prior to the meeting, if possible, so that arrangements can be made. Thirty-five hard copies of each presentation or handout should be provided to the DFO thirty minutes before the meeting. In addition, one electronic copy of each presentation should be emailed to the DFO one day before the meeting. If an electronic copy cannot be provided within this timeframe, presenters should provide the DFO with a CD containing each presentation at least thirty minutes before the meeting. Electronic recordings will be permitted only during those portions of the meeting that are open to the public. Detailed procedures for the conduct of and participation in ACRS meetings were published in the Federal Register on October 4, 2017 (82 FR 46312).

    Information regarding changes to the agenda, whether the meeting has been canceled or rescheduled, and the time allotted to present oral statements can be obtained by contacting the identified DFO. Moreover, in view of the possibility that the schedule for ACRS meetings may be adjusted by the Chairman as necessary to facilitate the conduct of the meeting, persons planning to attend should check with the DFO if such rescheduling would result in a major inconvenience.

    If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland 20852. After registering with Security, please contact Mr. Theron Brown at 301-415-6207 to be escorted to the meeting room.

    Dated: November 9, 2017. Mark L. Banks, Chief, Technical Support Branch, Advisory Committee on Reactor Safeguards.
    [FR Doc. 2017-24703 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0211] Standard Review Plan for Spent Fuel Dry Storage Systems and Facilities AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Draft NUREG; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing for public comment a draft NUREG, NUREG-2215, “Standard Review Plan for Spent Fuel Dry Storage Systems and Facilities.” This Standard Review Plan (SRP) provides guidance to the NRC staff for reviewing Safety Analysis Reports (SARs) for (1) a Certificate of Compliance (CoC) for a dry storage system (DSS) for use at a general license facility, and (2) a specific license for a dry storage facility (DSF) that is either an independent spent fuel storage installation (ISFSI) or a monitored retrievable storage installation (MRS). This draft SRP will replace NUREG-1536, “Standard Review Plan for Dry Cask Storage Systems,” NUREG-1567, “Standard Review Plan for Spent Fuel Dry Storage Facilities, and all Interim Staff Guidance (ISGs) that were used to enhance these NUREGs.

    DATES:

    Submit comments by January 2, 2018. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received before this date.

    ADDRESSES:

    You may submit comments by any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0211. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    Mail comments to: May Ma, Office of Administration, Mail Stop: OWFN-2-A13, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001.

    For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the SUPPLEMENTARY INFORMATION section of this document.

    FOR FURTHER INFORMATION CONTACT:

    Jeremy Smith, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001, telephone: 301-415-7308, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket NRC-2017-0211 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-2017-0211.

    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] NUREG-2215, “Standard Review Plan for Spent Fuel Dry Storage Systems and Facilities,” is available in ADAMS under Accession No. ML17310A693.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2017-0211 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at http://www.regulations.gov as well as entering the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Discussion

    The NRC utilizes information that is currently contained in multiple documents (NUREG-1536, NUREG-1567, and numerous ISGs) to assist the NRC staff in its reviews of spent fuel storage applications. The NRC's intent in combining and updating these documents into one document is to assist the NRC staff in its reviews by promoting a consistent regulatory review of a SAR for an ISFSI or a MRS license, or for a CoC; by promoting quality and uniformity of these reviews across each technical discipline; presenting a basis for the review's scope; identifying acceptable approaches to meeting regulatory requirements; and suggesting possible evaluation findings that can be used in the safety evaluation report for applications submitted under part 72 of title 10 of the Code of Federal Regulations.

    By this action, the NRC is requesting public comments on draft NUREG-2215. The NRC invites comments on all portions of this SRP that the commenter thinks the NRC should consider. The NRC will make a final determination regarding issuance of the NUREG after it considers any public comments received in response to this request.

    Dated at Rockville, Maryland, this 8th day of November 2017.

    For the Nuclear Regulatory Commission.

    Michael Layton, Director, Division of Spent Fuel Management, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2017-24734 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 50-333 and 72-012; License No. DPR-59; NRC-2017-0177] License Transfer From Exelon Generation Company, LLC to James A. FitzPatrick Nuclear Power Plant AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Direct transfer of license; order.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is issuing an order approving the transfer of the James A. FitzPatrick Nuclear Power Plant Renewed Facility Operating License No. DPR-59, and the transfer of the generally licensed FitzPatrick Independent Spent Fuel Storage Installation from Exelon Generation Company, LLC to Exelon FitzPatrick, LLC.

    DATES:

    The Order was issued on November 7, 2017, and is effective for 1 year.

    ADDRESSES:

    Please refer to Docket ID NRC-2017-0177 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-2017-0177. 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 in this document (if that document is available in ADAMS) is provided the first time that a document is referenced.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Booma Venkataraman, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-2934; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The text of the Order is attached.

    Dated at Rockville, Maryland, this 9th day of November 2017.

    For the Nuclear Regulatory Commission.

    Booma Venkataraman, Project Manager, Plant Licensing Branch I, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    Attachment—Order Approving Direct Transfer of License and Approving Conforming Amendment UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION Docket Nos. 50-333 and 72-012; License No. DPR-59 In the Matter of Exelon Generation Company, LLC James A. FitzPatrick Nuclear Power Plant ORDER APPROVING DIRECT TRANSFER OF LICENSE AND APPROVING CONFORMING AMENDMENT I.

    Exelon Generation Company, LLC (Exelon Generation) is the owner and operator of the James A. FitzPatrick Nuclear Power Plant (FitzPatrick) and the holder of Renewed Facility Operating License No. DPR-59 and the general license for the FitzPatrick Independent Spent Fuel Storage Installation (ISFSI). FitzPatrick is a General Electric boiling-water reactor located in Oswego County, New York.

    II.

    By application dated July 24, 2017 (Agencywide Documents Access and Management System (ADAMS) Accession No. ML17206A395), Exelon Generation, and its wholly owned subsidiary, Exelon FitzPatrick, LLC (Exelon FitzPatrick), jointly requested, pursuant to Title 10 of the Code of Federal Regulations (10 CFR), Section 50.80, “Transfer of licenses,” that the U.S. Nuclear Regulatory Commission (NRC) consent to the direct transfer of the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license from Exelon Generation to Exelon FitzPatrick. Future references to FitzPatrick include the general license for the FitzPatrick ISFSI. In response to the request by Exelon Generation and Exelon FitzPatrick for consent to the direct transfer of the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license, the NRC published a notice entitled, “James A. FitzPatrick Nuclear Power Plant; Consideration of Approval of Transfer of License and Conforming Amendment,” in the Federal Register on August 17, 2017 (82 FR 39139). The NRC received no comments and no hearing requests.

    Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the NRC gives its consent in writing. Upon review of the information in the application, and other information before the NRC, and relying upon the representations and agreements contained in the application, the NRC staff has determined that Exelon FitzPatrick is qualified to hold the FitzPatrick renewed facility operating license and the FitzPatrick ISFSI general license. Following completion of the license transfer, Exelon FitzPatrick would acquire ownership of FitzPatrick. Exelon Generation would continue to be responsible for the operation and maintenance of FitzPatrick. The NRC staff has also determined that the transfer of these licenses is otherwise consistent with the applicable provisions of law, regulations, and orders issued by the NRC, pursuant thereto, subject to the condition set forth below.

    Upon review of the application for a conforming license amendment to reflect this transfer, the NRC staff has determined that the application for the conforming license amendment complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations set forth in 10 CFR chapter I; the facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by this amendment can be conducted without endangering the health and safety of the public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of this amendment will be in accordance with 10 CFR part 51 of the Commission's regulations and all applicable requirements will have been satisfied.

    The findings set forth above are supported by an NRC safety evaluation dated November 7, 2017 (ADAMS Accession No. ML17240A069).

    III.

    Accordingly, pursuant to Sections 161b, 161i, 161o, and 184 of the Atomic Energy Act of 1954, as amended (the Act), 42 U.S.C. 2201(b), 2201(i), 2201(o), and 2234; and 10 CFR 50.80, it is hereby ordered that the application regarding the proposed direct license transfer is approved, subject to the following condition:

    Prior to the completion of the license transfer, Exelon FitzPatrick, LLC shall provide satisfactory documentary evidence to the Director of the Office of Nuclear Reactor Regulation that it has obtained the appropriate amount of insurance required of a licensee under 10 CFR part 140 and 10 CFR 50.54(w).

    It is further ordered that, consistent with 10 CFR 2.1315(b), the license be changed, as indicated in Enclosure 2 to the cover letter forwarding this Order, to conform the license to reflect that the subject direct license transfer is approved. The amendment shall be issued and made effective at the time the proposed direct license transfer is completed.

    It is further ordered that, after receipt of all required regulatory approvals of the proposed direct license transfer, Exelon FitzPatrick shall inform the Director of the Office of Nuclear Reactor Regulation in writing of such receipt, and of the date of closing of the transfer, no later than 2 business days prior to the date of the closing of the direct license transfer. Should the proposed direct license transfer not be completed within 1 year of this Order's date of issuance, this Order shall become null and void, provided, however, upon written application and for good cause shown, such date may be extended by order.

    This Order is effective upon issuance.

    For further details with respect to this Order, see the application dated July 24, 2017, and the NRC's nonproprietary Safety Evaluation dated November 7, 2017 (ADAMS Accession No. ML17240A069), which are available for public inspection at the Commission's Public Document Room (PDR), located at One White Flint North, Public File Area O1 F21, 11555 Rockville Pike (first floor), Rockville, Maryland. Publicly available documents created or received at the NRC are accessible electronically through ADAMS in the NRC Library at http://www.nrc.gov/reading-rm/adams.html. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC PDR reference staff by telephone at 1-800-397-4209 or 301-415-4737, or by email to [email protected]

    Dated at Rockville, Maryland, this 7th day of November 2017.

    For the Nuclear Regulatory Commission.

    Michele G. Evans, Deputy Director for Reactor Safety Programs and Mission Support, Office of Nuclear Reactor Regulation.
    [FR Doc. 2017-24697 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 50-482; NRC-2017-0217] Wolf Creek Generating Station: Consideration of Approval of Transfer of License AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Application for indirect transfer of license; opportunity to comment, request a hearing, and petition for leave to intervene.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) received and is considering approval of an indirect license transfer application filed by Wolf Creek Nuclear Operating Corporation (WCNOC) on September 5, 2017. The WCNOC is the licensed operator of Wolf Creek Generating Station (WCGS). Kansas City Power & Light Company (KCP&L) and Kansas Gas and Electric Company (KG&E) are two of the three non-operating owner licensees, each holding a 47 percent undivided interest in WCGS and 47 percent of the stock of WCNOC. The KCP&L is a subsidiary of Great Plains Energy, Inc. (Great Plains) and KG&E is a subsidiary of Westar Energy, Inc. (Westar). The indirect license transfer will result from the proposed merger transaction involving Great Plains and Westar. The current 6 percent owner of WCGS and WCNOC, Kansas Electric Power Cooperative, Inc. (KEPCo), the third non-operating owner licensee, is not a party to this transaction and will remain a 6 percent owner post-transaction.

    DATES:

    Comments must be filed by December 15, 2017. A request for a hearing must be filed by December 5, 2017.

    ADDRESSES:

    You may submit comments by any of the following methods (unless this document describes a different method for submitting comments on a specific subject):

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0217. 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:

    Balwant K. Singal, Office of Nuclear Reactor Regulation, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-3016, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2017-0217 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-2017-0217.

    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 application for indirect transfer of the license dated September 5, 2017, is available in ADAMS under Accession No. ML17255A222.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    B. Submitting Comments

    Please include Docket ID NRC-2017-0217 in your comment submission.

    The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC will post all comment submissions at http://www.regulations.gov as well as enter the comment submissions into ADAMS. The NRC does not routinely edit comment submissions to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Introduction

    The NRC is considering the issuance of an order under § 50.80 of title 10 of the Code of Federal Regulations (10 CFR), approving the indirect transfer of control of WCGS, Renewed Facility Operating License No. NPF-42, currently held by WCNOC. The WCNOC is the licensed operator of WCGS. The KCP&L, a subsidiary of Great Plains, and KG&E, a subsidiary of Westar, currently each hold a 47 percent undivided interest in WCGS and 47 percent of the stock of WCNOC. The KCP&L and KG&E are two of the three non-operating owner licensees. The indirect license transfer will result from the proposed merger transaction involving Great Plains and Westar. The current 6 percent owner of WCGS and WCNOC, KEPCo, the third non-operating owner licensee, is not a party to this transaction and will remain a 6 percent owner post-transaction.

    The indirect license transfer will result from the proposed merger transaction involving Great Plains and Westar pursuant to the terms of the Amended Merger Agreement dated July 9, 2017. The WCNOC stated in its letter dated September 5, 2017, that under the Amended Merger Agreement the transaction will occur in the following three simultaneous steps:

    In step 1, Great Plains will merge with its wholly-owned subsidiary, which was created to effectuate the transaction, named Monarch Energy Holding, Inc.1 (Holdco), with Holdco continuing as the surviving corporation.

    1 The name of the holding company Monarch Energy Holding, Inc. may be changed before or following the closing of the proposed transaction.

    In step 2, Westar will merge with a wholly-owned subsidiary of Holdco, named King Energy, Inc. (Merger Sub), which was also created to effectuate the transaction, with Westar continuing as the surviving corporation.

    In step 3, each share of common stock of Great Plains and Westar issued and outstanding at that time (subject to certain defined exceptions) will be converted automatically into the right to receive the merger consideration consisting of a number of shares of common stock of Holdco as determined by the applicable exchange ratio specified in the Amended Merger Agreement. Thus the current shareholders of Great Plains and Westar will become the shareholders of Holdco after the transaction.

    The current and post-closing ownership structure of the facility is depicted in the simplified organizational charts provided in Figures 1 and 2 of Attachment 1 to the letter dated September 5, 2017.

    No physical changes to the WCGS or operational changes are being proposed in the application.

    The NRC's regulations at 10 CFR 50.80 state that no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission gives its consent in writing. The Commission will approve an application for the indirect transfer of a license, if the Commission determines that the proposed merger will not affect the qualifications of the licensee to hold the license, and that the transfer is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission.

    III. Opportunity To Comment

    Within 30 days from the date of publication of this notice, persons may submit written comments regarding the license transfer application, as provided for in 10 CFR 2.1305. The Commission will consider and, if appropriate, respond to these comments, but such comments will not otherwise constitute part of the decisional record. Comments should be submitted as described in the ADDRESSES section of this document.

    IV. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 20 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in 10 CFR part 2. Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (first floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition, and, if appropriate, a notice of a hearing will be issued.

    As required by 10 CFR 2.309(d), the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.

    In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to those specific sources and documents of which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.

    Petitions must be filed no later than 20 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.

    A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 20 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section, except that under 10 CFR 2.309(h)(2) a State, local governmental body, or Federally-recognized Indian Tribe, or agency thereof does not need to address the standing requirements in 10 CFR 2.309(d) if the facility is located within its boundaries. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

    If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues, but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.

    V. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition, any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the documents are submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 7 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket. Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    The Commission will issue a notice or order granting or denying a hearing request or intervention petition, designating the issues for any hearing that will be held and designating the Presiding Officer. A notice granting a hearing will be published in the Federal Register and served on the parties to the hearing.

    For further details with respect to this application, see the application dated September 5, 2017.

    Dated at Rockville, Maryland, this 8th day of November, 2017.

    For the Nuclear Regulatory Commission.

    Siva P. Lingam, Project Manager, Plant Licensing Branch IV, Division of Operating Reactor Licensing, Office of Nuclear Reactor Regulation.
    [FR Doc. 2017-24663 Filed 11-14-17; 8:45 am] BILLING CODE 7590-01-P
    POSTAL SERVICE Product Change—Priority Mail Express, Priority Mail, & First-Class Package Service Negotiated Service Agreement AGENCY:

    Postal ServiceTM.

    ACTION:

    Notice.

    SUMMARY:

    The Postal Service gives notice of filing a request with the Postal Regulatory Commission to add a domestic shipping services contract to the list of Negotiated Service Agreements in the Mail Classification Schedule's Competitive Products List.

    DATES:

    Date of notice required under 39 U.S.C. 3642(d)(1): November 15, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Elizabeth A. Reed, 202-268-3179.

    SUPPLEMENTARY INFORMATION:

    The United States Postal Service® hereby gives notice that, pursuant to 39 U.S.C. 3642 and 3632(b)(3), on November 9, 2017, it filed with the Postal Regulatory Commission a USPS Request to Add Priority Mail Express, Priority Mail, & First-Class Package Service Contract 26 to Competitive Product List. Documents are available at www.prc.gov, Docket Nos. MC2018-24, CP2018-46.

    Elizabeth A. Reed, Attorney, Corporate and Postal Business Law.
    [FR Doc. 2017-24765 Filed 11-14-17; 8:45 am] BILLING CODE 7710-12-P
    SECURITIES AND EXCHANGE COMMISSION [Release Nos. 33-10435; 34-82042; File No. 265-28] Investor Advisory Committee Meeting AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Notice of meeting of Securities and Exchange Commission Dodd-Frank Investor Advisory Committee.

    SUMMARY:

    The Securities and Exchange Commission Investor Advisory Committee, established pursuant to Section 911 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, is providing notice that it will hold a public meeting. The public is invited to submit written statements to the Committee.

    DATES:

    The meeting will be held on Thursday, December 7, 2017 from 9:00 a.m. until 3:30 p.m. (ET). Written statements should be received on or before December 7, 2017.

    ADDRESSES:

    The meeting will be held in Multi-Purpose Room LL-006 at the Commission's headquarters, 100 F Street NE., Washington, DC 20549. The meeting will be webcast on the Commission's Web site at www.sec.gov. Written statements may be submitted by any of the following methods:

    Electronic Statements

    Use the Commission's Internet submission form (http://www.sec.gov/rules/other.shtml); or

    Send an email message to [email protected] Please include File No. 265-28 on the subject line; or

    Paper Statements

    Send paper statements to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File No. 265-28. This file number should be included on the subject line if email is used. To help us process and review your statement more efficiently, please use only one method.

    Statements also will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Room 1503, Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. All statements received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly.

    FOR FURTHER INFORMATION CONTACT:

    Marc Oorloff Sharma, Chief Counsel, Office of the Investor Advocate, at (202) 551-3302, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549.

    SUPPLEMENTARY INFORMATION:

    The meeting will be open to the public, except during that portion of the meeting reserved for an administrative work session during lunch. Persons needing special accommodations to take part because of a disability should notify the contact person listed in the section above entitled FOR FURTHER INFORMATION CONTACT.

    The agenda for the meeting includes: Remarks from Commissioners; a discussion of a recommendation of the Investor as Purchaser Subcommittee regarding electronic delivery of information to retail investors; a discussion regarding retail investor protections and transparency in municipal and corporate bond markets; a discussion regarding cybersecurity risk disclosures (which may include a recommendation of the Investor as Owner Subcommittee); a discussion regarding dual-class share structures (which may include a Recommendation of the Investor as Owner Subcommittee); a discussion regarding retail investor disclosure: What works, what doesn't, and best practices; subcommittee reports; and a nonpublic administrative work session during lunch.

    Dated: November 9, 2017. Brent J. Fields, Secretary.
    [FR Doc. 2017-24692 Filed 11-14-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82032; File No. SR-Phlx-2017-84] Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution Fee November 8, 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 26, 2017, Nasdaq PHLX LLC (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III, 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 Substance of the Proposed Rule Change

    The Exchange proposes to amend and conform Sections VIII and XIII of the Exchange's Pricing Schedule, to define key terms; to clarify the rule language; to clarify its application to Extranet Providers, Members, and Non-members in various contexts; and to make conforming changes to the Pricing Schedule's Table of Contents.

    The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqphlx.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

    The proposed rule change concerns Section VIII of the Exchange's Pricing Schedule (the “Equities Rule”) and Section XIII of the Exchange's Pricing Schedule (collectively, the “Rules”), currently entitled “Extranet Access Fee.” The Exchange first imposed an Extranet Access Fee in January of 2015.3 Today, technology and the ecosystem have changed such that the Rules need updating and clarification. Therefore, the Exchange is proposing several parallel changes to the Rules.

    3See Securities Exchange Act Release No. 74022 (Jan. 9, 2015); 80 FR 2157 (Jan. 15, 2015) (SR-Phlx-2015-04).

    First, the Exchange is proposing to rename both Rules and to clarify their meaning through the use of defined terms. The Exchange is adding definitions of the terms Equipment Configuration, and Extranet Provider to new subsection (a) of the Rules. The Exchange is also cross-referencing the definition of Distributors currently set forth in Section IX of the Exchange's Pricing Schedule.

    The term “Equipment Configuration” will be defined to mean “any line, circuit, router package, or other technical configuration used to provide a connection to the Exchange market data feeds.” The term Equipment Configuration replaces the term “Customer Premises Equipment Configuration” set forth in the current rules. The Exchange believes that the term “Customer Premises Equipment Configuration” is ambiguous and creates confusion about the ownership and location of equipment through which direct access to market data feeds is provided. By referring instead to “Equipment Configuration,” the Exchange intends to specify that the ownership and location of the equipment is inconsequential to the application of access and redistribution fees. Rather, it is the number of configurations that matters, determining the number of monthly access and redistribution fees to be assessed.

    For example, if an Extranet Provider supplies market data to five recipients via five configurations, two of which are located in a single Exchange facility (such as Carteret, New Jersey) and three of which are located at different customer facilities, the Extranet Provider will be assessed access and redistribution fees of $5,000 per month. If an Extranet Provider supplies market data to one customer at two separate locations via two configurations—one within a Exchange facility and one located elsewhere—the Extranet Provider will be assessed access and redistribution fees of $2,000 per month. If an Extranet Provider supplies market data to four customers via four configurations all located within an Exchange co-location facility, the Extranet Provider will be assessed $4,000 per month in access and redistribution fees. The Exchange is proposing to define the term “Extranet Provider” as “any entity that has signed the Exchange Extranet Connection Agreement and that establishes a telecommunications connection in the Exchange's co-location facility.” The Exchange requires entities to sign the Exchange Extranet Connection Agreement 4 for the purpose of setting the terms and conditions for those entities to place equipment in the Exchange's co-location facility in order to establish a telecommunications connection directly to the Exchange and to provide its own customers with access to the Exchange market data feeds.

    4 Available at http://www.nasdaqtrader.com/Content/AdministrationSupport/AgreementsData/NASDAQOMXExtranetAgreement.pdf.

    Finally, in order to further enhance the clarity of the Exchange's rules, the Exchange is proposing to cross-reference the definition of “Distributor” for purposes of this rule. Section IX of the Exchange's Pricing Schedule currently defines Distributor as:

    [A]ny entity that receives a feed or data file of NASDAQ PHLX data directly from NASDAQ PHLX or indirectly through another entity and then distributes it either internally (within that entity) or externally (outside that entity). All distributors shall execute a NASDAQ PHLX distributor agreement.

    The Exchange is proposing to renumber and rearrange the existing rule text of the Rules. The first two sentences of existing rule text will become new subsection (b). The Exchange also proposes to improve the clarity of subsection (b) by using the new definitions outlined above and by specifying that the monthly fees referred to are the monthly access and redistribution fees. As described earlier, the third sentence of existing rule text is being modified and moved to paragraph (1) of new subsection (a) as the improved definition of “Equipment Configuration.” The fourth and fifth sentences of existing rule text will move to new subsection (d) with modest textual improvements but no change in application of fees. The sixth sentence of existing rule text will move to the final sentences of subsections (b) and (c) with minor textual enhancements to apply it with equal effect to Extranet Providers and Distributors.

    The Exchange also proposes to add new subsection (c) to specify and codify that similarly situated Distributors and Extranet Providers will pay similar fees. Under subsection (b), Extranet Providers are assessed a monthly fee of $1,000 for each Equipment Configuration that offers Exchange market data feeds. Similarly, under proposed subsection (c), the same $1,000 monthly fee applies to Distributors to whom the same Exchange market data feeds are published via a Direct Circuit Connection to the Exchange. The Exchange believes that, as defined, Extranet Providers and Distributors are similarly situated because both entities connect directly to the Exchange, and both provide Exchange market data feeds to their customers via those connections.5 Likewise, the customers of Extranet Providers and Distributors are similarly situated in that they receive the same Exchange market data feeds through similar means.

    5 Proposed Subsection (c) of Chapters VIII and XIII apply only to Distributors that connect to the Exchange via a Direct Circuit Connection pursuant to Section XI of the Pricing Schedule. They do not apply to Distributors that are co-located with the Exchange pursuant to Section X of the Pricing Schedule and that connect to the Exchange as specified under that Rule. Nor do they apply to entities that connect to Nasdaq [sic] remotely via Point of Presence Connectivity under Nasdaq Rule 7051(c) as set forth in SR-NASDAQ-2017-97.

    For example, a Distributor with two Direct Circuit Connections to the Exchange, both of which emanate from a single Exchange co-location facility (such as Carteret, New Jersey) and both of which receive Exchange market data feeds, will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to the Exchange that emanate from two separate locations and that receives Exchange market data feeds over each connection will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to the Exchange that emanate from two separate locations and that receives Exchange market data feeds over only one of the connections will be assessed access and redistribution fees of $1,000 per month.

    The Exchange previously assessed and currently assesses this fee in its capacity as operator of Nasdaq Technology Services, which had been considered an Extranet Provider.6 The Exchange believes that defining Extranet Providers and codifying the fee to Distributors (other than Extranet Providers) is clearer to market participants. The Exchange also understands that Distributors, like Extranet Providers, commonly pass the fee on to their customers and therefore specifying that Distributors employing a Direct Circuit Connection also pay the fee will ensure consistent treatment between users enjoying the same benefits via Extranet Providers on the one hand and Distributors on the other, as described above.

    6See SR-Phlx-2015-04 at footnote 16.

    Finally, the Exchange proposes to amend the Pricing Schedule's Table of Contents to make conforming changes to Section XIII's title.

    2. Statutory Basis

    The Exchange believes that this proposal is consistent with Section 6(b) of the Act,7 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,8 in particular, in that it provides for an equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using its facility, and to specify that the fees are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    7 15 U.S.C. 78f(b).

    8 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes that the application of identical Access and Redistribution fees to Distributors and Extranet Providers as described in the proposed rule change is fair and equitable and non-discriminatory. As stated above, Distributors and Extranet Providers both connect to the Exchange directly for the purpose of re-distributing Exchange market data feeds to their own customers and both enjoy similar benefits in doing so. Likewise, those customers, whether receiving Exchange market data feeds via a Distributor or an Extranet Provider receive that market data feeds in a similar fashion and with similar benefits. Those benefits are considerable: secure, rapid, reliable access to the highest quality market data feeds on the trading of equities and options on the Exchange.

    The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In regulation NMS, while adopting a series of steps to improve the current market model, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 9

    9 Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (“Regulation NMS Adopting Release”).

    The Exchange believes it is fair and equitable and not discriminatory to apply equal access and redistribution fees to Distributors, as it does to Extranet Providers. As stated above, Distributors and Extranet Providers are similarly situated in that they receive Exchange market data feeds directly from the Exchange and they redistribute that data to their own customers. Likewise, the Exchange believes that the customers of Extranet Providers and of Distributors are similarly situated in the manner in which they receive Exchange market data feeds.

    The Exchange believes that it is consistent with an equitable allocation of reasonable dues and fees and not unfairly discriminatory to charge the fees proposed under subsection (c) of Chapters VIII and XIII of the PHLX Pricing Schedule to Extranet Providers and Distributors that are not co-located, but not to charge those same fees to Distributors that are co-located. First, Distributors that are co-located already pay fees set forth in Section X of the Pricing Schedule which include connectivity and access to data. Second, if a co-located Distributor were to send data feeds out of the co-location facility, the feeds would be processed and normalized by the Distributor, as opposed to by the Exchange; in that case, the Distributor would not be using the proximity for which Extranets and Direct Circuit Connection Distributors are being assessed fees under subsection (c) of Chapters VIII and XIII of the PHLX Pricing Schedule.

    The Exchange is proposing to enhance the clarity of the language of the Rules to ensure that customers understand the proper application of the Rules as technology has changed and continues to change. The Exchange believes that customers support the continued evolution of its rules, and that regulators do and should support and facilitate this evolution.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change will not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that applying equal fees to similarly situated Extranet Providers and Distributors, enhancing the clarity of the Rules, and eliminating ambiguity imposes no burden on competition and is, in fact, pro-competitive. Extranet Providers and Distributors benefit from having a more accurate and complete understanding of the Exchange's services and fees when determining which if any of those competing services to purchase voluntarily.

    The Exchange believes that the proposed rule change places no burden on competition because it specifies that identical fees will apply to all similarly situated Distributors and Extranet Providers that provide Exchange market data feeds to their own customers. As described above, such Distributors and Extranet Providers offer the same Exchange market data feeds in the same manner to similarly situated customers. The Exchange offers similar benefits to Distributors and Extranet Providers by offering them such access to Exchange market data feeds.

    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 Act.10

    10 15 U.S.C. 78s(b)(3)(A)(ii).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    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-Phlx-2017-84 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-Phlx-2017-84. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-Phlx-2017-84 and should be submitted on or before December 6, 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. 2017-24655 Filed 11-14-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82037; File No. SR-NASDAQ-2017-114] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution Fee November 8, 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 25, 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, II, and III, 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 Substance of the Proposed Rule Change

    The Exchange proposes to amend and conform Nasdaq Equities Rule 7025 and Chapter XV, Section 12 of Nasdaq's Options Rules, to define key terms; to improve the rule language; and to specify its application to Extranet Providers and Distributors in various contexts.

    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

    The proposed rule change concerns Nasdaq Rule 7025 (the “Equities Rule”) and Chapter XV, Section 12, of Nasdaq's Options Rules (the “Options Rule,” collectively the “Rules”), currently entitled “Extranet Access Fee.” The Exchange first imposed an Extranet Access Fee in 2004.3 The Exchange last amended the Extranet Access Fee in January of 2015.4 Today, technology and the ecosystem have changed such that the Rules need updating and clarification. Therefore, Nasdaq is proposing several parallel changes to the Rules.

    3See Securities Exchange Act Release No. 50483 (Oct. 1, 2004), 69 FR 60448 (Oct. 8, 2004) (SR-NASD-2004-118).

    4See Securities Exchange Act Release No. 74077 (Jan. 16, 2015); 80 FR 3683 (Jan. 23, 2015) (SR-NASDAQ-2015-002).

    First, Nasdaq is proposing to rename both Rules and to clarify their meaning through the use of defined terms. Nasdaq is adding definitions of the terms Equipment Configuration, and Extranet Provider to new subsection (a) of the Rules. Nasdaq is also cross-referencing the definition of Distributors currently set forth in Nasdaq Rule 7019(c).

    The term “Equipment Configuration” will be defined to mean “any line, circuit, router package, or other technical configuration used to provide a connection to the Exchange market data feeds.” The term Equipment Configuration replaces the term “Customer Premises Equipment Configuration” set forth in the current rules. Nasdaq believes that the term “Customer Premises Equipment Configuration” is ambiguous and creates confusion about the ownership and location of equipment through which direct access to market data feeds is provided. By referring instead to “Equipment Configuration,” Nasdaq intends to specify that the ownership and location of the equipment is inconsequential to the application of access and redistribution fees. Rather, it is the number of configurations that matters, determining the number of monthly access and redistribution fees to be assessed.

    For example, if an Extranet Provider supplies market data to five recipients via five configurations, two of which are located in a single Nasdaq facility (such as Carteret, New Jersey) and three of which are located at different customer facilities, the Extranet Provider will be assessed access and redistribution fees of $5,000 per month. If an Extranet Provider supplies market data to one customer at two separate locations via two configurations—one within a Nasdaq facility and one located elsewhere—the Extranet Provider will be assessed access and redistribution fees of $2,000 per month. If an Extranet Provider supplies market data to four customers via four configurations all located within a Nasdaq co-location facility, the Extranet Provider will be assessed $4,000 per month in access and redistribution fees. Nasdaq is proposing to define the term “Extranet Provider” as “any entity that has signed the Nasdaq Extranet Connection Agreement and that establishes a telecommunications connection in the Exchange's co-location facility.” Nasdaq requires entities to sign the Nasdaq Extranet Connection Agreement 5 for the purpose of setting the terms and conditions for those entities to place equipment in Nasdaq's co-location facility in order to establish a telecommunications connection directly to Nasdaq and to provide its own customers with access to Nasdaq market data feeds.

    5 Available at http://www.nasdaqtrader.com/Content/AdministrationSupport/AgreementsData/NASDAQOMXExtranetAgreement.pdf.

    Finally, in order to further enhance the clarity of Nasdaq's rules, Nasdaq is proposing to cross-reference the definition of “Distributor” for purposes of this rule. Rule 7019(c) currently defines Distributor as:

    [A]ny entity that receives a feed or data file of Nasdaq data directly from Nasdaq or indirectly through another entity and then distributes it either internally (within that entity) or externally (outside that entity). All distributors shall execute a Nasdaq distributor agreement. Nasdaq itself is a vendor of its data feed(s) and has executed a Nasdaq distributor agreement and pays the distributor charge.

    Nasdaq is proposing to renumber and rearrange the existing rule text of the Rules. The first two sentences of existing rule text will become new subsection (b). Nasdaq also proposes to improve the clarity of subsection (b) by using the new definitions outlined above and by specifying that the monthly fees referred to are the monthly access and redistribution fees. As described earlier, the third sentence of existing rule text is being modified and moved to paragraph (1) of new subsection (a) as the improved definition of “Equipment Configuration.” The fourth and fifth sentences of existing rule text will move to new subsection (d) with modest textual improvements but no change in application of fees. The sixth sentence of existing rule text will move to the final sentences of subsections (b) and (c) with minor textual enhancements to apply it with equal effect to Extranet Providers and Distributors.

    Lastly, Nasdaq proposes to add new subsection (c) to specify and codify that similarly situated Distributors and Extranet Providers will pay similar fees. Under subsection (b), Extranet Providers are assessed a monthly fee of $1,000 for each Equipment Configuration that offers Exchange market data feeds. Similarly, under proposed subsection (c), the same $1,000 monthly fee applies to Distributors to whom the same Exchange market data feeds is published via a Direct Circuit Connection to Nasdaq. Nasdaq believes that, as defined, Extranet Providers and Distributors are similarly situated because both entities connect directly to Nasdaq, and both provide Exchange market data feeds to their customers via those connections.6 Likewise, the customers of Extranet Providers and Distributors are similarly situated in that they receive the same Exchange market data feeds through similar means.

    6 Proposed Rules 7025(c) and Section 12(c) of Chapter XV of the Options Rules apply only to Distributors that connect to Nasdaq via a Direct Circuit Connection pursuant to Rule 7051(a). They do not apply to Distributors that are co-located with Nasdaq pursuant to Rule 7034 and that connect to Nasdaq as specified under that Rule. Nor do they apply to entities that connect to Nasdaq remotely via Point of Presence Connectivity under Rule 7051(c) as set forth in SR-NASDAQ-2017-97.

    For example, a Distributor with two Direct Circuit Connections to Nasdaq, both of which emanate from a single Nasdaq co-location facility (such as Carteret, New Jersey) and both of which receive Exchange market data feeds, will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to Nasdaq that emanate from two separate locations and that receives Exchange market data feeds over each connection will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to Nasdaq that emanate from two separate locations and that receives Exchange market data feeds over only one of the connections will be assessed access and redistribution fees of $1,000 per month.

    Nasdaq previously assessed and currently assesses this fee in its capacity as operator of Nasdaq Technology Services, which had been considered an Extranet Provider.7 Nasdaq believes that defining Extranet Providers and codifying the fee to Distributors (other than Extranet Providers) is clearer to market participants. Nasdaq also understands that Distributors, like Extranet Providers, commonly pass the fee on to their customers and therefore specifying that Distributors employing a Direct Circuit Connection also pay the fee will ensure consistent treatment between users enjoying the same benefits via Extranet Providers on the one hand and Distributors on the other, as described above.

    7See SR-NASDAQ-2015-002 at footnote 11.

    2. Statutory Basis

    The Exchange believes that this proposal is consistent with Section 6(b) of the Act,8 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,9 in particular, in that it provides for an equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using its facility, and to specify that the fees are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    8 15 U.S.C. 78f(b).

    9 15 U.S.C. 78f(b)(4) and (5).

    Nasdaq believes that the application of identical Access and Redistribution fees to Distributors and Extranet Providers as described in the proposed rule change is fair and equitable and non-discriminatory. As stated above, Distributors and Extranet Providers both connect to the Exchange directly for the purpose of re-distributing Exchange market data feeds to their own customers and both enjoy similar benefits in doing so. Likewise, those customers, whether receiving Exchange market data feeds via a Distributor or an Extranet Provider receive that market data feeds in a similar fashion and with similar benefits. Those benefits are considerable: Secure, rapid, reliable access to the highest quality market data feeds on the trading of equities and options on the Exchange.

    The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In regulation NMS, while adopting a series of steps to improve the current market model, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 10

    10 Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (“Regulation NMS Adopting Release”).

    Nasdaq believes it is fair and equitable and not discriminatory to apply equal access and redistribution fees to Distributors, as it does to Extranet Providers. As stated above, Distributors and Extranet Providers are similarly situated in that they receive Exchange market data feeds directly from the Exchange and they redistribute that data to their own customers. Likewise, the Exchange believes that the customers of Extranet Providers and of Distributors are similarly situated in the manner in which they receive Exchange market data feeds.

    The Exchange believes that it is consistent with an equitable allocation of reasonable dues and fees and not unfairly discriminatory to charge the fees proposed under Rule 7025 and Section 12(c) of Chapter XV of the Options Rules to Extranet Providers and Distributors that are not co-located, but not to charge those same fees to Distributors that are co-located. First, Distributors that are co-located already pay fees set forth in Rule 7034 which include connectivity and access to data. Second, if a co-located Distributor were to send data feeds out of the co-location facility, the feeds would be processed and normalized by the Distributor as opposed to by the Exchange; in that case, the Distributor would not be using the proximity for which Extranets and Direct Circuit Connection Distributors are being assessed fees under Rule 7025 and Section 12(c) of Chapter XV of the Options Rules.

    Nasdaq is proposing to enhance the clarity of the language of the Rules to ensure that customers understand the proper application of the Rules as technology has changed and continues to change. Nasdaq believes that customers support the continued evolution of its rules, and that regulators do and should support and facilitate this evolution.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change will not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that applying equal fees to similarly situated Extranet Providers and Distributors, enhancing the clarity of the Rules, and eliminating ambiguity imposes no burden on competition and is, in fact, pro-competitive. Extranet Providers and Distributors benefit from having a more accurate and complete understanding of Nasdaq's services and fees when determining which if any of those competing services to purchase voluntarily.

    Nasdaq believes that the proposed rule change places no burden on competition because it specifies that identical fees will apply to all similarly situated Distributors and Extranet Providers that provide Exchange market data feeds to their own customers. As described above, such Distributors and Extranet Providers offer the same Exchange market data feeds in the same manner to similarly situated customers. Nasdaq offers similar benefits to Distributors and Extranet Providers by offering them such access to Exchange market data feeds.

    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 Act.11

    11 15 U.S.C. 78s(b)(3)(A)(ii).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    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-2017-114 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-NASDAQ-2017-114. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-NASDAQ-2017-114 and should be submitted on or before December 6, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.12

    12 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-24658 Filed 11-14-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82036; File No. SR-BX-2017-048] Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Relating to the Access and Redistribution Fee November 8, 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 26, 2017, Nasdaq BX, Inc. (“BX” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) the proposed rule change as described in Items I, II, and III, 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 Substance of the Proposed Rule Change

    The Exchange proposes to amend and conform BX Equities Rule 7025 and Chapter XV, Section 3(c) of the Exchange's Options Rules, to define key terms; to clarify the rule language; and to clarify its application to Extranet Providers and Distributors in various contexts.

    The text of the proposed rule change is available on the Exchange's Web site at http://nasdaqbx.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

    The proposed rule change concerns BX Rule 7025 (the “Equities Rule”) and Chapter XV, Section 3(c) of the Exchange's Options Rules (the “Options Rule,” collectively the “Rules”), currently entitled “Extranet Access Fee.” The Exchange first imposed an Extranet Access Fee in 2009.3 The Exchange last amended the Extranet Access Fee in January of 2015.4 Today, technology and the ecosystem have changed such that the Rules need updating and clarification. Therefore, the Exchange is proposing several parallel changes to the Rules.

    3See Securities Exchange Act Release No. 59307 (Jan. 28, 2009), 74 FR 6069 (Feb. 4, 2009) (SR-BX-2009-005).

    4See Securities Exchange Act Release No. 74045 (Jan. 13, 2015); 80 FR 2766 (Jan. 20, 2015) (SR-BX-2015-003).

    First, the Exchange is proposing to rename both Rules and to clarify their meaning through the use of defined terms. The Exchange is adding definitions of the terms Equipment Configuration and Extranet Provider to new subsections 7025(a) of the Equities Rule and Sec. 3(c)(1) of the Options Rule. The Exchange is also cross-referencing the definition of Distributors currently set forth in Exchange Rule 7019(b).

    The term “Equipment Configuration” will be defined to mean “any line, circuit, router package, or other technical configuration used to provide a connection to the Exchange market data feeds.” The term Equipment Configuration replaces the term “Customer Premises Equipment Configuration” set forth in the current rules. The Exchange believes that the term “Customer Premises Equipment Configuration” is ambiguous and creates confusion about the ownership and location of equipment through which direct access to market data feeds is provided. By referring instead to “Equipment Configuration,” the Exchange intends to specify that the ownership and location of the equipment is inconsequential to the application of access and redistribution fees. Rather, it is the number of configurations that matters, determining the number of monthly access and redistribution fees to be assessed.

    For example, if an Extranet Provider supplies market data to five recipients via five configurations, two of which are located in a single Exchange facility (such as Carteret, New Jersey) and three of which are located at different customer facilities, the Extranet Provider will be assessed access and redistribution fees of $5,000 per month. If an Extranet Provider supplies market data to one customer at two separate locations via two configurations—one within a Exchange facility and one located elsewhere—the Extranet Provider will be assessed access and redistribution fees of $2,000 per month. If an Extranet Provider supplies market data to four customers via four configurations all located within an Exchange co-location facility, the Extranet Provider will be assessed $4,000 per month in access and redistribution fees. The Exchange is proposing to define the term “Extranet Provider” as “any entity that has signed the Exchange Extranet Connection Agreement and that establishes a telecommunications connection in the Exchange's co-location facility.” The Exchange requires entities to sign the Exchange Extranet Connection Agreement 5 for the purpose of setting the terms and conditions for those entities to place equipment in the Exchange's co-location facility in order to establish a telecommunications connection directly to the Exchange and to provide its own customers with access to the Exchange market data feeds.

    5 Available at http://www.nasdaqtrader.com/Content/AdministrationSupport/AgreementsData/NASDAQOMXExtranetAgreement.pdf.

    Finally, in order to further enhance the clarity of the Exchange's rules, the Exchange is proposing to cross-reference the definition of “Distributor” for purposes of this rule. Rule 7019(b) currently defines Distributor as:

    [A]ny entity that receives a feed or data file of Exchange data directly from the Exchange or indirectly through another entity and then distributes it either internally (within that entity) or externally (outside that entity). All distributors shall execute an Exchange distributor agreement. The Exchange itself is a vendor of its data feed(s) and has executed an Exchange distributor agreement and pays the distributor charge.

    The Exchange is proposing to renumber and rearrange the existing rule text of the Rules. The first two sentences of existing rule text will become new subsection 7025(b) of the Equities Rule and Sec. 3(c)(1) of the Options Rule. The Exchange also proposes to improve the clarity of subsection 7025(b) of the Equities Rule and Sec. 3(c)(2) of the Options Rule by using the new definitions outlined above and by specifying that the monthly fees referred to are the monthly access and redistribution fees. As described earlier, the third sentence of existing rule text is being modified and moved, respectively, to paragraphs (1) and (A) of new subsections 7025(a) of the Equities Rule and Sec. 3(c)(1) of the Options Rule as the improved definition of “Equipment Configuration.” The fourth and fifth sentences of existing rule text will move to new subsection 7025(d) of the Equities Rule and Sec. 3(c)(4) of the Options Rule with modest textual improvements but no change in application of fees. The sixth sentence of existing rule text will move to the final sentences of subsections 7025(b) and (c) of the Equities Rule and Sec. 3(c)(2) and (c)(3) of the Options Rule with minor textual enhancements to apply it with equal effect to Extranet Providers and Distributors.

    Lastly, the Exchange proposes to add new subsection 7025(c) to the Equities Rule and Sec. 3(c)(3) to the Options Rule to specify and codify that similarly situated Distributors and Extranet Providers will pay similar fees. Under subsection 7025(b) of the Equities Rule and Sec. 3(c)(2) of the Options Rule, Extranet Providers are assessed a monthly fee of $1,000 for each Equipment Configuration that offers Exchange market data feeds. Similarly, under proposed subsection 7025(c) of the Equities Rule and Sec. 3(c)(3) of the Options Rule, the same $1,000 monthly fee applies to Distributors to whom the same Exchange market data feeds are published via a Direct Circuit Connection to the Exchange. The Exchange believes that, as defined, Extranet Providers and Distributors are similarly situated because both entities connect directly to the Exchange, and both provide Exchange market data feeds to their customers via those connections.6 Likewise, the customers of Extranet Providers and Distributors are similarly situated in that they receive the same Exchange market data feeds through similar means.

    6 Proposed Rules 7025(c) and Section 3(c) of Chapter XV of the Otpions [sic] Rules apply only to Distributors that connect to Nasdaq [sic] via a Direct Circuit Connection pursuant to Rule 7051(a). They do not apply to Distributors that are co-located with Nasdaq [sic] pursuant to Rule 7034 and that connect to Nasdaq [sic] as specified under that Rule. Nor do they apply to entities that connect to Nasdaq [sic] remotely via Point of Presence Connectivity under Rule 7051(c) as set forth in SR-NASDAQ-2017-97.

    For example, a Distributor with two Direct Circuit Connections to the Exchange, both of which emanate from a single Exchange co-location facility (such as Carteret, New Jersey) and both of which receive Exchange market data feeds, will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to the Exchange that emanate from two separate locations and that receives Exchange market data feeds over each connection will be assessed access and redistribution fees of $2,000 per month. A Distributor with two Direct Circuit Connections to the Exchange that emanate from two separate locations and that receives Exchange market data feeds over only one of the connections will be assessed access and redistribution fees of $1,000 per month.

    The Exchange previously assessed and currently assesses this fee in its capacity as operator of Nasdaq Technology Services, which had been considered an Extranet Provider. The Exchange believes that defining Extranet Providers and codifying the fee to Distributors (other than Extranet Providers) is clearer to market participants. The Exchange also understands that Distributors, like Extranet Providers, commonly pass the fee on to their customers and therefore specifying that Distributors employing a Direct Circuit Connection also pay the fee will ensure consistent treatment between users enjoying the same benefits via Extranet Providers on the one hand and Distributors on the other, as described above.

    2. Statutory Basis

    The Exchange believes that this proposal is consistent with Section 6(b) of the Act,7 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,8 in particular, in that it provides for an equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using its facility, and to specify that the fees are not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    7 15 U.S.C. 78f(b).

    8 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes that the application of identical Access and Redistribution fees to Distributors and Extranet Providers as described in the proposed rule change is fair and equitable and non-discriminatory. As stated above, Distributors and Extranet Providers both connect to the Exchange directly for the purpose of re-distributing Exchange market data feeds to their own customers and both enjoy similar benefits in doing so. Likewise, those customers, whether receiving Exchange market data feeds via a Distributor or an Extranet Provider receive those market data feeds in a similar fashion and with similar benefits. Those benefits are considerable: Secure, rapid, reliable access to the highest quality market data feeds on the trading of equities and options on the Exchange.

    The Commission and the courts have repeatedly expressed their preference for competition over regulatory intervention in determining prices, products, and services in the securities markets. In regulation NMS, while adopting a series of steps to improve the current market model, the Commission highlighted the importance of market forces in determining prices and SRO revenues and, also, recognized that current regulation of the market system “has been remarkably successful in promoting market competition in its broader forms that are most important to investors and listed companies.” 9

    9 Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (“Regulation NMS Adopting Release”).

    The Exchange believes it is fair and equitable and not discriminatory to apply equal access and redistribution fees to Distributors, as it does to Extranet Providers. As stated above, Distributors and Extranet Providers are similarly situated in that they receive Exchange market data feeds directly from the Exchange and they redistribute that data to their own customers. Likewise, the Exchange believes that the customers of Extranet Providers and of Distributors are similarly situated in the manner in which they receive Exchange market data feeds.

    The Exchange believes that it is consistent with an equitable allocation of reasonable dues and fees and not unfairly discriminatory to charge the fees proposed under Rule 7025 and Section 3(c) of Chapter XV of the Otpions [sic] Rules to Extranet Providers and Distributors that are not co-located, but not to charge those same fees to Distributors that are co-located. First, Distributors that are co-located already pay fees set forth in Rule 7034 which include connectivity and access to data. Second, if a co-located Distributor were to send data feeds out of the co-location facility, the feeds would be processed and normalized by the Distributor as opposed to by the Exchange; in that case, the Distributor would not be using the proximity for which Extranets and Direct Circuit Connection Distributors are being assessed fees under Rule 7025 and Section 3(c) of Chapter XV of the Options Rules.

    The Exchange is proposing to enhance the clarity of the language of the Rules to ensure that customers understand the proper application of the Rules as technology has changed and continues to change. The Exchange believes that customers support the continued evolution of its rules, and that regulators do and should support and facilitate this evolution.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange believes that the proposed rule change will not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. To the contrary, the Exchange believes that applying equal fees to similarly situated Extranet Providers and Distributors, enhancing the clarity of the Rules, and eliminating ambiguity imposes no burden on competition and is, in fact, pro-competitive. Extranet Providers and Distributors benefit from having a more accurate and complete understanding of the Exchange's services and fees when determining which if any of those competing services to purchase voluntarily.

    The Exchange believes that the proposed rule change places no burden on competition because it specifies that identical fees will apply to all similarly situated Distributors and Extranet Providers that provide Exchange market data feeds to their own customers. As described above, such Distributors and Extranet Providers offer the same Exchange market data feeds in the same manner to similarly situated customers. The Exchange offers similar benefits to Distributors and Extranet Providers by offering them such access to Exchange market data feeds.

    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 Act.10

    10 15 U.S.C. 78s(b)(3)(A)(ii).

    At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such rule change if it appears to the Commission that such action is: (i) Necessary or appropriate in the public interest; (ii) for the protection of investors; or (iii) otherwise in furtherance of the purposes of the Act. If the Commission takes such action, the Commission shall institute proceedings to determine whether the proposed rule should be approved or disapproved.

    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-BX-2017-048 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-BX-2017-048. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the filing also will be available for inspection and copying at the principal office of the Exchange. All comments received will be posted without change. Persons submitting comments are cautioned that we do not redact or edit personal identifying information from comment submissions. You should submit only information that you wish to make available publicly. All submissions should refer to File Number SR-BX-2017-048 and should be submitted on or before December 6, 2017.

    11 17 CFR 200.30-3(a)(12).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.11

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-24657 Filed 11-14-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82031; File No. SR-NYSEArca-2017-112] Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Designation of a Longer Period for Commission Action on Proposed Rule, as Modified by Amendment No. 1 Thereto, to List and Trade Shares of the GraniteShares Palladium Trust under NYSE Arca Rule 8.201-E November 8, 2017.

    On September 12, 2017, NYSE Arca, Inc. (“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 list and trade shares of the GraniteShares Palladium Trust under NYSE Arca Rule 8.201-E. The proposed rule change was published for comment in the Federal Register on October 3, 2017.3 On October 24, 2017, the Exchange filed Amendment No. 1 to the proposed rule change.4 The Commission has not received any comments 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. 81737 (September 27, 2017), 82 FR 46106.

    4 Amendment No. 1, which replaced and superseded the proposed rule change as originally filed, is available at: https://www.sec.gov/comments/sr-nysearca-2017-112/nysearca2017112-2653769-161363.pdf.

    Section 19(b)(2) of the Act 5 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 November 17, 2017. The Commission is extending this 45-day time period.

    5 15 U.S.C. 78s(b)(2).

    The Commission finds it appropriate to designate a longer period within which to take action on the proposed rule change so that it has sufficient time to consider this proposed rule change, as modified by the recently filed amendment. Accordingly, the Commission, pursuant to Section 19(b)(2) of the Act,6 designates January 1, 2018, as the date by which the Commission shall either approve or d