Federal Register Vol. 82, No.222,

Federal Register Volume 82, Issue 222 (November 20, 2017)

Page Range55027-55304
FR Document

82_FR_222
Current View
Page and SubjectPDF
82 FR 55303 - National Apprenticeship Week, 2017PDF
82 FR 55301 - American Education Week, 2017PDF
82 FR 55122 - Sunshine Act Meeting; National Science BoardPDF
82 FR 55119 - Notice of Entering Into a Compact With the Republic of Côte d'IvoirePDF
82 FR 55105 - Sunshine Act; Notice of Board Member MeetingPDF
82 FR 55104 - Sunshine Act MeetingsPDF
82 FR 55124 - Sunshine Act Meeting NoticePDF
82 FR 55123 - Sunshine Act Meeting NoticePDF
82 FR 55053 - Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management AreaPDF
82 FR 55055 - Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Prohibited Species Catch Limits in the Gulf of AlaskaPDF
82 FR 55096 - Defense Advisory Committee on Women in the Services; Notice of Federal Advisory Committee MeetingPDF
82 FR 55110 - The Department of Homeland Security, National Protection and Programs Directorate, National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog CollectionPDF
82 FR 55112 - Notice of Use Authorizations; Special Recreation Permits, Other Than on Developed Recreation Sites; Adjustment in FeesPDF
82 FR 55079 - Notice of Request for a New Information Collection: Food Safety Behaviors and Consumer Education: Focus Group ResearchPDF
82 FR 55154 - Proposed Collection; Comment Request for Forms 8609 and 8609APDF
82 FR 55114 - Agency Information Collection Activities: Surface Mining Permit Applications-Minimum Requirements for Reclamation and Operation PlanPDF
82 FR 55114 - Agency Information Collection Activities: Requirements for Coal ExplorationPDF
82 FR 55113 - Agency Information Collection Activities: Requirements for Permits for Special Categories of MiningPDF
82 FR 55078 - Submission for OMB Review; Comment RequestPDF
82 FR 55055 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management AreaPDF
82 FR 55150 - Advisory Committee on Historical Diplomatic Documentation-Notice of Closed and Open Meetings for 2018PDF
82 FR 55102 - Matthew W. Foley, Elizabeth E. Rapalee; 8 Church Lane, LLC; Notice of Transfer of ExemptionPDF
82 FR 55102 - Consumers Energy Company, DTE Electric Company; Notice of Settlement Agreement and Soliciting CommentsPDF
82 FR 55081 - Announcement of Loan Application Procedures, and Deadlines for the Rural Energy Savings ProgramPDF
82 FR 55093 - Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016PDF
82 FR 55090 - Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final DeterminationPDF
82 FR 55091 - Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016PDF
82 FR 55091 - Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Postponement of Preliminary Determinations in the Less-Than-Fair-Value InvestigationsPDF
82 FR 55149 - Defense Trade Advisory Group; Notice of Open MeetingPDF
82 FR 55100 - Combined Notice of Filings #1PDF
82 FR 55097 - Town of Camden, Maine; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and ProtestsPDF
82 FR 55098 - Notice of Commission Staff AttendancePDF
82 FR 55103 - Northwest Pipeline LLC; Notice of Availability of the Environmental Assessment for the Proposed North Fork Nooksack Line Lowering ProjectPDF
82 FR 55101 - Combined Notice of Filings #2PDF
82 FR 55109 - Cooperative Research and Development Agreement-Robotic Aircraft for Sensors Program for MaritimePDF
82 FR 55153 - Buy America Waiver NotificationPDF
82 FR 55111 - Notice of Proposed Filing of Plats of Survey: MontanaPDF
82 FR 55112 - Notice of Proposed Filing of Plats of Survey: MontanaPDF
82 FR 55096 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
82 FR 55105 - Receipt of Notice That a Patent Infringement Complaint Was Filed Against a Biosimilar ApplicantPDF
82 FR 55152 - Notice of Final Federal Agency Action on Proposed Highway in ArizonaPDF
82 FR 55155 - Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery or a VA-funded State or Tribal Veterans' CemeteryPDF
82 FR 55105 - Medical Devices; Exemption From Premarket Notification: Over-the-Counter Denture Repair KitsPDF
82 FR 55122 - Astronomy and Astrophysics Advisory Committee Notice of MeetingPDF
82 FR 55154 - Limitation on Claims Against Proposed Public Transportation ProjectsPDF
82 FR 55115 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
82 FR 55116 - Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public InterestPDF
82 FR 55100 - Notice of Institution of Section 206 Proceeding and Refund Effective Date; DTE Electric CompanyPDF
82 FR 55098 - Public Notice of Records Governing Off-the-Record CommunicationsPDF
82 FR 55098 - Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization; Panda Hummel Station LLCPDF
82 FR 55102 - Combined Notice of FilingsPDF
82 FR 55099 - Combined Notice of Filings #1PDF
82 FR 55117 - Certain Personal Computers, Mobile Devices, Digital Media Players, and Microconsoles; Institution of InvestigationPDF
82 FR 55118 - Certain Gas Spring Nailer Products and Components Thereof; Institution of InvestigationPDF
82 FR 55151 - Petition for Exemption; Summary of Petition ReceivedPDF
82 FR 55123 - Information Collection: NRC Form 354, Data Report on SpousePDF
82 FR 55074 - Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding PlanPDF
82 FR 55107 - Request for Public Comment: 60 Day Notice for Extension of the Indian Health Service Loan Repayment ProgramPDF
82 FR 55151 - Petition for Exemption; Summary of Petition Received; Bell Helicopter TextronPDF
82 FR 55150 - Petition for Exemption; Summary of Petition Received; Bell Helicopter TextronPDF
82 FR 55064 - Fees; CorrectionPDF
82 FR 55065 - Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality StandardsPDF
82 FR 55109 - National Heart, Lung, and Blood Institute; Notice of Closed MeetingsPDF
82 FR 55108 - Center for Scientific Review; Notice of Closed MeetingPDF
82 FR 55121 - NASA Heliophysics Advisory Committee MeetingPDF
82 FR 55147 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of Specified Series of the Innovator Shield Strategy S&P 500 Monthly Index Series and Innovator Ultra Shield Strategy S&P 500 Monthly Index Series Under Rule 14.11(c)(3)PDF
82 FR 55139 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Margin Framework and Default Fund Methodology for Options on Index Credit Default SwapsPDF
82 FR 55145 - Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Rule 7018 To Change the Amounts of Certain Credits for Entering Orders That Access Liquidity in the Exchange's Equities SystemPDF
82 FR 55148 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section VIII of the Nasdaq PHLX LLC Pricing SchedulePDF
82 FR 55128 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7018PDF
82 FR 55094 - Government-Industry Advisory Panel; Notice of Federal Advisory Committee MeetingPDF
82 FR 55053 - Cost Standards and Procedures; Purchasing and Property Management; CorrectionPDF
82 FR 55125 - Excepted ServicePDF
82 FR 55141 - Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of Amendment No. 2 to Proposed Rule Change in Connection With the Proposed Transaction Involving CHX Holdings, Inc. and North America Casin Holdings, Inc.PDF
82 FR 55122 - NASA Advisory Council; Technology, Innovation and Engineering Committee; MeetingPDF
82 FR 55137 - Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Fortieth Amendment to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges BasisPDF
82 FR 55130 - Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Twenty-Second Charges Amendment to the Second Restatement of the CTA Plan and the Thirteenth Charges Amendment to the Restated CQ PlanPDF
82 FR 55094 - Publication of FY 2016 Service Contract InventoryPDF
82 FR 55124 - Submission of Information Collection for OMB Review; Comment Request; Disclosure of Information in Distress and PBGC-Initiated TerminationsPDF
82 FR 55052 - Air Plan Approval; Delaware; State Implementation Plan for Interstate Transport for the 2008 Ozone Standard; Withdrawal of Direct Final RulePDF
82 FR 55053 - State of Iowa; Withdrawal of Direct Final Rule; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5PDF
82 FR 55104 - Petition of the Coalition for Fair Port Practices for Rulemaking; Notice of Public Hearing and Request for CommentsPDF
82 FR 55052 - Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs; Withdrawal of Direct Final RulePDF
82 FR 55045 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 55047 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 55049 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 55043 - Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous AmendmentsPDF
82 FR 55060 - Proposed Amendment of Class E Airspace, Selinsgrove, PAPDF
82 FR 55061 - Proposed Amendment of Class E Airspace, Moundsville, WVPDF
82 FR 55042 - Establishment of Class E Airspace; Boothville, LAPDF
82 FR 55108 - National Institute of General Medical Sciences Notice of Organizational ChangePDF
82 FR 55158 - SES Positions That Were Career Reserved During CY 2016PDF
82 FR 55063 - Proposed Amendment of Class E Airspace for the Following Ohio Towns; Millersburg, OH and Coshocton, OHPDF
82 FR 55057 - Airworthiness Directives; The Boeing Company AirplanesPDF
82 FR 55032 - Airworthiness Directives; Dassault Aviation AirplanesPDF
82 FR 55040 - Airworthiness Directives; Bombardier, Inc., AirplanesPDF
82 FR 55037 - Airworthiness Directives; The Boeing Company AirplanesPDF
82 FR 55027 - Airworthiness Directives; The Boeing Company AirplanesPDF

Issue

82 222 Monday, November 20, 2017 Contents Agriculture Agriculture Department See

Food Safety and Inspection Service

See

Rural Utilities Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55078-55079 2017-25066 2017-25094
Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Inventories: FY 2016 Service Contract, 55094 2017-25026 Coast Guard Coast Guard NOTICES Cooperative Research and Development Agreements: Robotic Aircraft for Sensors Program for Maritime, 55109-55110 2017-25076 Commerce Commerce Department See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department See

Navy Department

NOTICES Meetings: Defense Advisory Committee on Women in Services, 55096 2017-25103 Government-Industry Advisory Panel, 55094-55096 2017-25036
Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; State Implementation Plan for Interstate Transport for 2008 Ozone Standard; Withdrawal, 55052 2017-25022 Iowa; Withdrawal of Direct Final Rule; Elements of Infrastructure SIP Requirements for 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard, 55053 2017-25021 Virginia; Removal of Clean Air Interstate Rule Trading Programs; Withdrawal of Direct Final Rule, 55052 2017-25014 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Arkansas; Infrastructure State Implementation Plan Requirements for National Ambient Air Quality Standards, 55065-55074 2017-25045 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc., Airplanes, 55040-55042 2017-24737 Dassault Aviation Airplanes, 55032-55037 2017-24810 The Boeing Company Airplanes, 55027-55032, 55037-55039 2017-23989 2017-24732 Class E Airspace; Establishments: Boothville, LA, 55042-55043 2017-24868 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments, 55043-55051 2017-24999 2017-25001 2017-25002 2017-25003 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 55057-55060 2017-24813 Class E Airspace; Amendments: Millersburg and Coshocton, OH, 55063-55064 2017-24851 Moundsville, WV, 55061-55063 2017-24869 Selinsgrove, PA, 55060-55061 2017-24870 NOTICES Exemption Petitions; Summaries: Bell Helicopter Textron, 55150-55152 2017-25047 2017-25048 Boeing Co., 55151 2017-25052 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 55104 2017-25179 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Camden, ME, 55097-55098 2017-25081 Combined Filings, 55099-55103 2017-25055 2017-25056 2017-25078 2017-25082 Environmental Assessments; Availability, etc.: Northwest Pipeline, LLC; North Fork Nooksack Line Lowering Project, 55103-55104 2017-25079 Exemption Transfers: Matthew W. Foley and Elizabeth E. Rapalee; 8 Church Lane, LLC, 55102 2017-25091 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Panda Hummel Station, LLC, 55098 2017-25057 Institution of Section 206 Proceeding and Refund Effective Date: DTE Electric Co., 55100 2017-25059 Records Governing Off-the-Record Communications, 55098-55099 2017-25058 Settlement Agreements: Consumers Energy Co., DTE Electric Co., 55102 2017-25090 Staff Attendances, 55098 2017-25080 Federal Highway Federal Highway Administration NOTICES Buy American Waivers, 55153 2017-25074 Final Federal Agency Action on Proposed Highway in Arizona, 55152-55153 2017-25069 Federal Maritime Federal Maritime Commission NOTICES Petitions: Coalition for Fair Port Practices, 55104-55105 2017-25016 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 55105 2017-25184 Federal Transit Federal Transit Administration NOTICES Limitations on Claims Against Proposed Public Transportation Projects, 55154 2017-25062 Food and Drug Food and Drug Administration NOTICES Medical Devices: Exemption From Premarket Notification; Over-the-Counter Denture Repair Kits, 55105-55107 2017-25065 Patent Infringement Complaints Filed Against Biosimilar Applicant, 55105 2017-25070 Food Safety Food Safety and Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Food Safety Behaviors and Consumer Education: Focus Group Research, 55079-55081 2017-25099 Health and Human Health and Human Services Department See

Food and Drug Administration

See

Indian Health Service

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog Collection, 55110-55111 2017-25102
Indian Health Indian Health Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Loan Repayment Program, 55107-55108 2017-25049 Interior Interior Department See

Land Management Bureau

See

National Indian Gaming Commission

See

Surface Mining Reclamation and Enforcement Office

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 55154-55155 2017-25098 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan, 55093-55094 2017-25087 Seamless Refined Copper Pipe and Tube From the People's Republic of China, 55091-55093 2017-25085 Determinations of Sales at Less Than Fair Value: Certain Steel Nails From Taiwan, 55090-55091 2017-25086 Low Melt Polyester Staple Fiber From Republic of Korea and Taiwan, 55091 2017-25084 International Trade Com International Trade Commission NOTICES Complaints: Certain Color Intraoral Scanners and Related Hardware and Software, 55115-55116 2017-25061 Certain Intraoral Scanners and Related Hardware and Software, 55116-55117 2017-25060 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Gas Spring Nailer Products and Components Thereof, 55118-55119 2017-25053 Certain Personal Computers, Mobile Devices, Digital Media Players, and Microconsoles, 55117-55118 2017-25054 Land Land Management Bureau NOTICES Adjustment in Special Recreation Permits Fees, 55112 2017-25101 Plats of Surveys: Montana, 55111-55113 2017-25072 2017-25073 Legal Legal Services Corporation RULES Cost Standards and Procedures; Purchasing and Property Management; Correction, 55053 2017-25035 Millenium Millennium Challenge Corporation NOTICES Compact with Republic of Cote d'Ivoire, 55119-55121 2017-25198 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council; Technology, Innovation and Engineering Committee, 55122 2017-25029 Heliophysics Advisory Committee Meeting, 55121-55122 2017-25042 National Indian National Indian Gaming Commission PROPOSED RULES Fees; Correction, 55064-55065 2017-25046 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 55108 2017-25043 National Heart, Lung, and Blood Institute, 55109 2017-25044 Organizational Changes: National Institute of General Medical Sciences, 55108-55109 2017-24853 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Chinook Salmon Prohibited Species Catch Limits in Gulf of Alaska, 55055-55056 2017-25115 Exchange of Flatfish in Bering Sea and Aleutian Islands Management Area, 55053-55055 2017-25121 Pacific Ocean Perch in Bering Sea and Aleutian Islands Management Area, 55055 2017-25093 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Reef Fish Fishery of Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan, 55074-55077 2017-25050 National Science National Science Foundation NOTICES Meetings: Astronomy and Astrophysics Advisory Committee, 55122 2017-25064 Meetings; Sunshine Act, 55122 2017-25213 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 55096-55097 2017-25071 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Data Report on Spouse, 55123 2017-25051 Meetings; Sunshine Act, 55123-55124 2017-25128 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 55124 2017-25150 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Information in Distress and Pension Benefit Guaranty Corporation-Initiated Terminations, 55124-55125 2017-25023 Personnel Personnel Management Office NOTICES Excepted Service, 55125-55128 2017-25031 Senior Executive Service Positions That Were Career Reserved During CY 2016, 55158-55298 2017-24852 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: American Education Week (Proc. 9675), 55299-55302 2017-25242 National Apprenticeship Week (Proc. 9676), 55303-55304 2017-25244 Rural Utilities Rural Utilities Service NOTICES Funding Availability: Loan Application Procedures, and Deadlines for Rural Energy Savings Program, 55081-55090 2017-25089 Securities Securities and Exchange Commission NOTICES Consolidated Tape Association: Twenty-Second Charges Amendment to Second Restatement of CTA Plan and Thirteenth Charges Amendment to Restated CQ Plan, 55130-55137 2017-25027 Joint Industry Plans: Fortieth Amendment to Joint Self-Regulatory Organization Plan Governing Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on Unlisted Trading Privileges Basis, 55137-55139 2017-25028 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 55147 2017-25041 Chicago Stock Exchange, Inc., 55141-55145 2017-25030 LCH SA, 55139-55141 2017-25040 Nasdaq BX, Inc., 55145-55147 2017-25039 Nasdaq PHLX, LLC, 55148-55149 2017-25038 Nasdaq Stock Market, LLC, 55128-55130 2017-25037 State Department State Department NOTICES Meetings: Advisory Committee on Historical Diplomatic Documentation, 55150 2017-25092 Defense Trade Advisory Group, 55149 2017-25083 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Requirements for Coal Exploration, 55114 2017-25096 Requirements for Permits for Special Categories of Mining, 55113-55114 2017-25095 Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan, 55114-55115 2017-25097 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Highway Administration

See

Federal Transit Administration

Treasury Treasury Department See

Internal Revenue Service

Veteran Affairs Veterans Affairs Department NOTICES Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in National Cemetery or VA-Funded State or Tribal Veterans' Cemetery, 55155 2017-25067 Separate Parts In This Issue Part II Personnel Management Office, 55158-55298 2017-24852 Part III Presidential Documents, 55299-55304 2017-25242 2017-25244 Reader Aids

Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

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82 222 Monday, November 20, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0249; Product Identifier 2016-NM-138-AD; Amendment 39-19092; AD 2017-22-12] 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 757-200, -200PF, and -200CB series airplanes. This AD was prompted by reports of slats disbonding on airplanes on which the terminating actions of AD 2005-07-08 had been performed. We have also received reports of slats disbonding on airplanes outside of the applicability of AD 90-23-06, AD 91-22-51, and AD 2005-07-08, which also addressed slat disbonding. This AD requires determining the type of trailing edge slat wedges of the leading edge slats, repetitive inspections for disbonding on certain trailing edge slat wedges, and corrective actions if necessary. This AD also provides an optional terminating action for the repetitive inspections. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective December 26, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 26, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of May 5, 2005 (70 FR 16403, March 31, 2005).

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-2017-0249.

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-2017-0249; 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:

Chandra Ramdoss, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5239; 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 757-200, -200PF, and -200CB series airplanes. The NPRM published in the Federal Register on April 13, 2017 (82 FR 17773). The NPRM was prompted by reports of slats disbonding on airplanes on which the terminating actions of AD 2005-07-08, Amendment 39-14032 (70 FR 16403, March 31, 2005) (“AD 2005-07-08”) had been performed. We have also received reports of slats disbonding on airplanes outside of the applicability of AD 90-23-06, Amendment 39-6794 (55 FR 46499, November 5, 1990) (“AD 90-23-06”), AD 91-22-51, Amendment 39-8129 (57 FR 781, January 9, 1992) (“AD 91-22-51”), and AD 2005-07-08, which also addressed slat disbonding. The NPRM proposed to require determining the type of trailing edge slat wedges of the leading edge slats, repetitive inspections for disbonding on certain trailing edge slat wedges, and corrective actions if necessary. The NPRM also proposed to provide an optional terminating action for the repetitive inspections. We are issuing this AD to prevent delamination of the trailing edge slat wedges of the leading edge slats. This delamination could cause loss of pieces of the trailing edge slat wedge assemblies during flight, reduction of the maneuver and stall margins, and consequent reduced controllability of the airplane.

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.

Support for the NPRM

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

Requests To Withdraw the NPRM

American Airlines (AAL) and Delta Air Lines (DAL) requested that we provide justification for the NPRM. AAL stated that the condition addressed by the NPRM is not an airplane-level safety issue, and does not meet the requirements for rulemaking activity because it does not correct an unsafe condition. DAL stated that Boeing's assessment, based on a piloted simulation study and pilot comments from flight testing, determined that the loss of slat wedges for slats 1 through 10 is a non-airplane-safety issue.

We infer that the commenters request that we withdraw the NPRM. We do not agree with the commenters' request. We have assessed the safety concern and have determined that there is insufficient flight test data to substantiate flight control authority to counteract rolling moment due to the loss of a slat trailing edge wedge. The Boeing analysis did not address maneuvering flight and critical (minimum) speeds or altitudes for recovery. We have therefore determined that there is an unsafe condition that must be addressed, and we are issuing this final rule with the changes described below.

Request To Clarify the AD Applicability

FedEx Express (FedEx) requested that we clarify whether the FedEx Model 757 fleet is affected by the NPRM. FedEx stated that paragraph (c) of the proposed AD does not reflect the FedEx Model 757-200 converted freighter configuration via supplemental type certificate (STC) ST03562AT (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgstc.nsf/0/7239683609eb1b4086257ff1004d0f2b/$FILE/ST03562AT.pdf).

We agree that clarification is necessary. Paragraph (c) of this AD includes all Boeing Model 757-200, -200CB, and -200PF series airplanes in the applicability. FedEx airplanes were originally delivered as Model 757-200 series airplanes; installation of the freighter conversion supplemental type certificate on those airplanes does not change their airplane model designation. Therefore, Model 757-200 series airplanes that are converted to a freighter configuration are included in the applicability of this AD. We have not changed this AD in this regard.

Requests To Specify Applicable Service Information Appendixes

United Parcel Service (UPS), United Airlines (UAL), and DAL requested that we revise paragraph (g) of the proposed AD to specify that the inspection of each trailing edge slat wedge of the leading edge slats is done in accordance with the “applicable” Appendixes A, B, C, and D of the service information. The commenters explained that not all of the appendixes of the service information are applicable to each slat.

We agree with the commenters' request because each appendix applies only to inboard slats or outboard slats. We have revised paragraph (g) of this AD accordingly.

Request To Address Operator-Produced-and-Modified Slat Wedges

AAL requested that we revise paragraph (g) of the proposed AD with specific wording to address operator-produced-and-modified slat wedges that carry owner-operator part numbers that are not addressed in Boeing Special Attention Service Bulletin 757-57-0066, Revision 1, dated June 7, 2016 (“Boeing SASB 757-57-0066 R1”). AAL explained that many operators have produced slat wedges internally, and there is no wording in the proposed AD to indicate how operator-produced wedges should be handled for inspections, terminating action, or parts installation limitations.

We agree to revise paragraph (g) of this AD by adding that if a physical inspection cannot determine if a slat wedge is a type A or type B slat wedge, it must be assumed to be a type A slat wedge, or an alternative method of compliance (AMOC) can be requested in accordance with the procedures specified in paragraph (n) of this AD.

Request To Clarify Differences Between the Structural Repair Manual (SRM) and Service Information

UPS stated that FAA-approved SRM allowable damage and repairs must coincide fully with the service information specifications. UPS provided several examples of differences between the SRM and the service information.

Boeing has informed us that a new revision of the SRM was released on September 20, 2017, to specify actions that are consistent with Boeing SASB 757-57-0066 R1. The new SRM revision will have the same procedures for type A and type B wedges, but different limitations. We have not changed this AD in this regard.

Requests To Clarify Compliance Time

FedEx and Jet2.com (CEX) requested clarification of the compliance time in Table 6 of paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1. FedEx explained that because the components are rotable, the compliance time should be based on component flight cycles or flight time while the component is installed on-wing, and not based on airplane flight cycles. FedEx noted that the specified repetitive inspection interval is 600 cycles or 6 months, whichever occurs first; FedEx interpreted this compliance time to mean 600 aircraft flight cycles or 6-months calendar time. FedEx also recommended the 6-months calendar time be revised to specify “6 months of component on-wing time.” CEX stated that the 6-months calendar time should not apply to components that are sitting on the shelf.

We agree to clarify the compliance times in this AD. The flight cycles in Table 6 of Boeing SASB 757-57-0066 R1, are component flight cycles. Table 6 of Boeing SASB 757-57-0066 R1, specifies the initial compliance time as “Within 600 Trailing Edge Wedge flight cycles or within 6 months after the disbond is repaired or any previously accomplished repair is found, whichever occurs first” and, for the repetitive interval, specifies “600 Trailing Edge Wedge flight cycles or 6 months, whichever occurs first.” If the trailing edge wedge is moved between airplanes, the flight cycles on the trailing edge wedge need to be tracked separately from the airplane flight cycles.

We disagree with the commenter's statements that the 6-month compliance time for the repetitive interval is intended to be 6 months while the component is installed on-wing. The 6-month calendar time limitation is necessary because bonding corrosion is a primary component of damage growth and corrosion might occur while the component is off-wing. We have coordinated this calendar time limitation with Boeing. It is not necessary to inspect a slat wedge during its time in storage, but if the inspection interval has been surpassed, the wedge would require inspection before being returned to service. We have not changed this AD in this regard.

Request To Supersede ADs

FedEx requested that we revise the language in paragraph (l) of the proposed AD from terminating the requirements of other ADs to superseding the requirements in the other ADs. FedEx provided no technical justification for its request.

We do not agree with the commenter's request to revise the language in paragraph (l) of this AD. We use the terminology “supersedes” only if an AD action supersedes an existing AD. This AD is a stand-alone AD. As specified in paragraph (l)(1) of this AD (which we referred to as paragraph (l) of the proposed AD), accomplishing initial inspections required by paragraphs (g) and (h) of this AD on a trailing edge slat wedge terminates all requirements of AD 90-23-06, AD 91-22-51, and AD 2005-07-08 for that slat wedge. We have also added paragraph (l)(2) to this AD to clarify that accomplishing the initial inspections required by paragraphs (g) and (h) of this AD on all trailing edge slat wedges terminates all requirements of AD 90-23-06, AD 91-22-51, and AD 2005-07-08 for that airplane. The parts installation limitation specified in paragraph (m) of this AD will then prohibit subsequent installation of parts that have not met those requirements. After the compliance times of this AD have passed, we may consider rescinding AD 90-23-06, AD 91-22-51, and AD 2005-07-08.

Request To Determine Wedge Type by Physical Inspection

UPS requested that we revise the terminating action in paragraph (k) of the proposed AD by adding the statement “or by determining in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, Appendices A, B, C, or D (as applicable), that the current wedge installed on the slat is a type B,” terminates the repetitive inspections required by this AD for this wedge. UPS stated that if the maintenance records are not conclusive, as stated in paragraph (g) of the proposed AD, operators must treat a wedge as a type A and begin repetitive inspections until such time as the intrusive inspections of Boeing SASB 757-57-0066 R1, Appendixes A, B, C, or D, can be accomplished.

We agree with UPS's request. A physical inspection in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, is also a way to determine the wedge type. We have revised paragraph (k) of this AD accordingly.

Requests To Revise Terminating Action

AAL requested that the terminating action in paragraph (k) of the proposed AD include not only installation of Boeing type B wedges, but also installation of any operator-produced or -modified wedge that includes the corrosion prevention features of the Boeing type B wedge.

DAL requested that the terminating action specified in paragraph (k) of the proposed AD be revised to include any FAA-approved repairs to a slat trailing edge wedge that results in a wedge produced to the same build standards as a type B wedge.

We do not agree with the commenters' request. The addition of corrosion prevention features on an operator-produced or -modified wedge is not by itself sufficient to make the wedge a type B wedge. Any operator-produced or -modified wedge must pass all checks in Appendix B or C (outboard slats) or Appendix A (inboard slats) of Boeing SASB 757-57-0066 R1. The operator may request approval of an AMOC by providing data to substantiate that the wedge is produced or modified to the Boeing drawing equivalent to a type B wedge. We have not changed this AD in this regard.

Request To Resolve Terminating Action Inconsistencies

DAL stated that it considers the terminating actions of paragraphs (h) and (j) of AD 2005-07-08, and the terminating actions of the proposed AD to be equivalent. As a result, DAL requested that these inconsistencies be resolved within the AD to substantiate the need for another AD on Model 757-200 airplane slats.

We partially agree with DAL's request. We agree that paragraph (j) of AD 2005-07-08 and the terminating action of this AD are equivalent. Both are replacement of wedges with type B wedges. We disagree that paragraph (h) in AD 2005-07-08 and the terminating actions of this AD are equivalent. The wedge installed as terminating action in paragraph (h) of AD 2005-07-08 did not have the core that addressed the disbond issue. We have revised paragraph (k) of this AD to include replacement of wedges with type B wedges as specified in Boeing Alert Service Bulletin 757-57A0063, dated June 26, 2003.

Request To Evaluate Spares Availability

FedEx requested that spares availability be evaluated prior to AD release to reduce the potential for hardship to the operators.

We infer that the operator is concerned that there may be an insufficient supply of replacement parts available to operators. Boeing has indicated that there is a supply of new slat wedges available and that operators have rebuilt slat wedges. The need for new replacement parts is further mitigated by the allowance for operators to use serviceable parts. There is also a Boeing part demand intent form in Boeing SASB 757-57-0066 R1 to help Boeing predict the quantity and timing needed for Boeing-supplied parts if operators have a concern that their new part replacement needs may exceed the timely replacement of new parts. Operators concerned about spare parts should proactively provide this information to Boeing. We have not changed this AD in this regard.

Effect of Winglets on Accomplishment of the Proposed Actions

Aviation Partners Boeing stated that installation of winglets per supplemental type certificate (STC) ST01518SE 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 ST01518SE does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE is installed, a “change in product” 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 SASB 757-57-0066 R1. The service information describes procedures for doing inspections on trailing edge slat wedges of the leading edge slats for areas of skin-to-core and aft edge disbonding, and corrective actions including replacement of certain slat wedges. 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 will affect 469 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 Up to 24 work-hours × $85 per hour = $2,040 per inspection cycle $0 Up to $2,040 per inspection cycle Up to $956,760 per inspection cycle.

We estimate the following costs to do any necessary replacements that would be required based on the results of the inspections. 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 Wedge replacement (per wedge) 43 work-hours × $85 per hour = $3,655 Up to $84,636 Up to $88,291.

The on-condition costs are an estimate of the cost of replacing a type A wedge with a type B wedge, which is a terminating action for the required inspections. There are up to 10 wedge assemblies per airplane, and the price range for a new assembly is $50,923 to $84,636 based on the information provided by Boeing.

The cost of repairing a type A wedge cannot be estimated because damage type and size may vary widely.

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): 2017-22-12 The Boeing Company: Amendment 39-19092; Docket No. FAA-2017-0249; Product Identifier 2016-NM-138-AD. (a) Effective Date

This AD is effective December 26, 2017.

(b) Affected ADs

This AD affects AD 90-23-06, Amendment 39-6794 (55 FR 46499, November 5, 1990) (“AD 90-23-06”); AD 91-22-51, Amendment 39-8129 (57 FR 781, January 9, 1992) (“AD 91-22-51”); and AD 2005-07-08, Amendment 39-14032 (70 FR 16403, March 31, 2005) (“AD 2005-07-08”).

(c) Applicability

(1) This AD applies to all The Boeing Company Model 757-200, -200PF, and -200CB series airplanes, certificated in any category.

(2) Installation of Supplemental Type Certificate (STC) ST01518SE [http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgSTC.nsf/0/38b606833bbd98b386257faa00602538/$FILE/ST01518SE.pdf] does not affect the ability to accomplish the actions required by this AD. Therefore, for airplanes on which STC ST01518SE 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 slats disbonding on airplanes on which the terminating actions of AD 2005-07-08 had been performed. We have also received reports of slats disbonding on airplanes outside of the applicability of AD 90-23-06, AD 91-22-51, and AD 2005-07-08, which also addressed slat disbonding. We are issuing this AD to prevent delamination of the trailing edge slat wedges of the leading edge slats. This delamination could cause loss of pieces of the trailing edge slat wedge assemblies during flight, reduction of the maneuver and stall margins, and consequent reduced controllability of the airplane.

(f) Compliance

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

(g) Inspection To Determine Slat Wedge Type

At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Special Attention Service Bulletin 757-57-0066, Revision 1, dated June 7, 2016 (“Boeing SASB 757-57-0066 R1”), except as specified in paragraph (j)(1) of this AD: Inspect each trailing edge slat wedge of the leading edge slats in accordance with Appendixes A, B, C, and D of Boeing SASB 757-57-0066 R1, as applicable, or review the airplane maintenance records, to determine whether the slat wedge is a type A or a type B. If a maintenance records review cannot conclusively determine a slat wedge is a type B, it must be assumed to be a type A slat wedge, or a physical inspection must be done as specified in this paragraph. If a physical inspection cannot determine if a slat wedge is a type A or type B slat wedge, it must be assumed to be a type A slat wedge, or approval of an alternative method of compliance (AMOC) may be requested in accordance with the procedures specified in paragraph (n) of this AD.

(h) Type A Slat Wedge Repetitive Inspections, Related Investigative Actions, and Corrective Actions

For each type A trailing edge slat wedge found during the inspection or records review required by paragraph (g) of this AD: At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(1) of this AD, do an ultrasonic low frequency bond test inspection, a tap test inspection, or a through transmission ultrasonic (TTU) inspection for skin-to-core disbonds of the honeycomb area of the trailing edge slat wedge; do a detailed inspection for aft edge disbonds of the aft edge of the trailing edge slat wedge; do a general visual inspection for any previously accomplished repair; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraphs (i) and (j)(2) of this AD. Do all applicable related investigative and corrective actions at the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1. Repeat the applicable inspections on each type A trailing edge slat wedge thereafter at the applicable intervals specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1.

(i) Repaired Type A Slat Wedge Repetitive Inspections, Related Investigative Actions, and Corrective Actions

(1) For each type A trailing edge slat wedge with any class 1 disbond repair or any previously accomplished repair subject to the Part 2 inspection as identified in Boeing SASB 757-57-0066 R1: At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, do an ultrasonic low frequency bond test inspection, a tap test inspection, or a TTU inspection for skin-to-core disbonds in the repaired area of the trailing edge slat wedge; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspection on each type A trailing edge slat wedge thereafter at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1.

(2) For each type A trailing edge slat wedge with any time-limited class 2 disbond repair as identified in Boeing SASB 757-57-0066 R1: At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, do a detailed inspection for any peeling or deterioration of the aluminum foil tape of the repaired area on the trailing edge slat wedge; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspection on each type A trailing edge slat wedge thereafter at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, until a permanent repair is done to complete the actions required for the time-limited class 2 disbond repair, specified as corrective actions in paragraph (h) of this AD.

(3) For each type A trailing edge slat wedge with any permanent class 2 disbond repair as identified in Boeing SASB 757-57-0066 R1: At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, do an ultrasonic low frequency bond test inspection or a TTU inspection for any disbonding of the aft edge repaired areas; a detailed inspection for disbonds along the aft edge of the repaired areas; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspection on each type A trailing edge slat wedge thereafter at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1.

(4) For each type A trailing edge slat wedge with any class 3 or class 4 disbond repair, or any previously accomplished repair subject to Part 5 inspection as identified in Boeing SASB 757-57-0066 R1: At the applicable time specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, do the applicable actions specified in paragraphs (i)(4)(i) and (i)(4)(ii) of this AD.

(i) For any class 3 disbond repair with a repair doubler common to the aft edge of the trailing edge slat wedge; for any previously accomplished repair with a repair doubler common to the aft edge of the trailing edge slat wedge; and for any class 4 disbond repair: Do an ultrasonic low frequency bond test inspection or a TTU inspection for any disbonding of the aft edge repaired areas; a detailed inspection for disbonds along the aft edge of the repaired areas; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspection on each type A trailing edge slat wedge thereafter at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1.

(ii) For any class 3 disbond repair without a repair doubler common to the aft edge of the trailing edge slat wedge; and for any previously accomplished repair without a repair doubler common to the aft edge of the trailing edge slat wedge: Do an ultrasonic low frequency bond test inspection, a tap test inspection, or a TTU inspection for skin-to-core disbonds of the honeycomb area of the trailing edge slat wedge in the repaired area; and do all applicable related investigative and corrective actions; in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1, except as specified in paragraph (j)(2) of this AD. Do all applicable related investigative and corrective actions before further flight. Repeat the applicable inspection on each type A trailing edge slat wedge thereafter at the applicable interval specified in paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1.

(j) Exceptions To Service Information

(1) Where paragraph 1.E., “Compliance,” of Boeing SASB 757-57-0066 R1, specifies a compliance time “after the Revision 1 date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.

(2) If any disbonding is found during any inspection required by this AD, and Boeing SASB 757-57-0066 R1, specifies to contact Boeing for appropriate action: Before further flight, repair the disbonding using a method approved in accordance with the procedures specified in paragraph (n) of this AD.

(k) Optional Terminating Action for Repetitive Inspections

Replacing a type A trailing edge slat wedge with a type B trailing edge slat wedge terminates the repetitive inspections required by this AD for that wedge if the replacement is done in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066 R1; or Boeing Alert Service Bulletin 757-57A0063, dated June 26, 2003; or by determining, in accordance with the Accomplishment Instructions of Boeing SASB 757-57-0066, Rl, Appendixes A, B, C, and D (as applicable), that the current wedge installed on the slat is a type B.

(l) Terminating Action for Certain Other ADs

(1) Accomplishing the initial inspections required by paragraphs (g) and (h) of this AD on a trailing edge slat wedge terminates all of the requirements of AD 90-23-06, AD 91-22-51, and AD 2005-07-08 for that slat wedge.

(2) Accomplishing the initial inspections required by paragraphs (g) and (h) of this AD on all trailing edge slat wedges terminates all of the requirements of AD 90-23-06, AD 91-22-51, and AD 2005-07-08.

(m) Parts Installation Limitation

As of the effective date of this AD: A replacement type A wedge may be installed provided that the initial and repetitive inspections and all applicable related investigative and corrective actions specified in paragraphs (h) and (i) of this AD are done within the applicable compliance times specified in paragraphs (h) and (i) of this AD.

(n) 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 (o) 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 (j)(2) of this AD: For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (n)(4)(i) and (n)(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.

(o) Related Information

For more information about this AD, contact Chandra Ramdoss, Aerospace Engineer, Airframe Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712-4137; phone: 562-627-5239; fax: 562-627-5210; email: [email protected]

(p) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on December 26, 2017.

(i) Boeing Special Attention Service Bulletin 757-57-0066, Revision 1, dated June 7, 2016.

(ii) Reserved.

(4) The following service information was approved for IBR on May 5, 2005 (70 FR 16403, March 31, 2005).

(i) Boeing Alert Service Bulletin 757-57A0063, dated June 26, 2003.

(ii) Reserved.

(5) 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.

(6) 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.

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

Issued in Renton, Washington, on October 20, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-23989 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1023; Product Identifier 2017-NM-144-AD; Amendment 39-19104; AD 2017-23-10] RIN 2120-AA64 Airworthiness Directives; Dassault Aviation Airplanes AGENCY:

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

ACTION:

Final rule; request for comments.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2017-19-17, which applied to certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2017-19-17 required revising the airplane flight manual (AFM) to include procedures to follow when an airplane is operating in icing conditions. AD 2017-19-17 also required a detailed inspection of the wing anti-ice system ducting for the presence of a diaphragm, and follow-on actions (replacement of ducting or re-identification of the ducting part marking). This new AD retains the actions required by AD 2017-19-17, and corrects the follow-on actions for certain airplanes. This AD was prompted by a determination that the follow-on actions specified in AD 2017-19-17 were incorrect for certain airplanes. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective December 1, 2017.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of October 27, 2017 (82 FR 44305, September 22, 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, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

For service information identified in this final rule, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.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-2017-1023.

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-2017-1023; 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:

Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

We issued AD 2017-19-17, Amendment 39-19047 (82 FR 44305, September 22, 2017) (“AD 2017-19-17”), which applied to certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. AD 2017-19-17 superseded AD 2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 2016). AD 2017-19-17 was prompted by a design review of in-production airplanes that identified a deficiency in certain wing anti-ice system ducting. AD 2017-19-17 required revision of the AFM to include procedures to follow when an airplane is operating in icing conditions, the detailed inspection of the wing anti-ice system ducting for the presence of a diaphragm, and replacement of ducting or re-identification of the ducting part marking. We issued AD 2017-19-17 to detect and correct a deficiency in the wing anti-ice system ducting, which could result in reduced performance of the wing anti-ice system with potential ice accretion and ingestion, and could result in degraded engine power and degraded handling characteristics.

Since we issued AD 2017-19-17, we found that the follow-on actions specified in paragraphs (h)(1) and (h)(2) of AD 2017-19-17 are correct for Model FALCON 900EX airplanes. However, for Model FALCON 2000EX airplanes, the follow-on actions specified in paragraphs (h)(1) and (h)(2) of AD 2017-19-17 would be dependent on different conditions than those specified for Model FALCON 900EX airplanes. This AD corrects those actions for Model FALCON 2000EX airplanes.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Emergency AD 2016-0130-E, dated July 5, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Dassault Aviation Model FALCON 900EX and FALCON 2000EX airplanes. The MCAI states:

A design review of in production aeroplanes identified a manufacturing deficiency of some wing anti-ice system ducting.

This condition, if not detected and corrected, could lead to an undetected reduced performance of the wing anti-ice system, with potential ice accretion and ingestion, possibly resulting in degraded engine power and degraded handling characteristics.

The Falcon 900EX EASY and Falcon * * * [2000EX] Aircraft Flight Manuals (AFM) contain a normal procedure 4-200-05A, “Operations in Icing Conditions”, addressing minimum fan speed rotation (N1) during combined operation of wing anti-ice and engine anti-ice systems. The subsequent investigation demonstrated that the wing anti-ice system performance for aeroplanes equipped with ducting affected by the manufacturing deficiency can be restored increasing N1 value. In addition, Dassault Aviation published Service Bulletin (SB) F900EX-464 (for Falcon 900EX aeroplanes) and SB F2000EX-393 (for Falcon 2000EX aeroplanes), providing instructions for wing anti-ice system ducting inspection.

For the reasons described above, this [EASA] AD requires an AFM amendment and a one-time [detailed] inspection of the wing anti-ice system ducting [and, as applicable, a check of the part number,] and, depending on findings, re-identification or replacement of the wing anti-ice system ducting.

You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1023.

Related Service Information Under 1 CFR Part 51

Dassault has issued Service Bulletin F900EX-464, dated June 20, 2016; and Service Bulletin F2000EX-393, dated June 20, 2016. This service information describes procedures for an inspection of the wing anti-ice system ducting and re-identification or replacement of the wing anti-ice system ducting. These documents are distinct since they apply to different airplane models. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

FAA's Determination and Requirements of This AD

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

FAA's Justification and Determination of the Effective Date

We determined that AD 2017-19-17 contains an error in the description of follow-on actions that could allow the identified unsafe condition to continue for Model FALCON 2000EX airplanes. This AD corrects the follow-on actions for the Model FALCON 2000EX airplanes. No other changes have been made to AD 2017-19-17. Therefore, we determined that notice and opportunity for public comment before issuing this AD are unnecessary and that good cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

This AD is a final rule that involves requirements affecting flight safety, and we did not precede it by notice and opportunity for public comment. We invite you to send any written relevant data, views, or arguments about this AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-1023; Product Identifier 2017-NM-144-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this AD. We will consider all comments received by the closing date and may amend this AD 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 AD.

Costs of Compliance

We estimate that this AD affects 52 airplanes of U.S. registry.

The action required by AD 2017-19-17, and retained in this AD, takes about 5 work-hours per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the action that is required by AD 2017-19-17 is $425 per product. This AD adds no new economic burden to AD 2017-19-17.

We also estimate that any necessary follow-on actions will take about 19 work-hours and require parts costing $24,000, for a cost of $25,615 per product. We have no way of determining the number of aircraft that might need these actions.

Authority for This Rulemaking

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

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

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 removing airworthiness directive (AD) 2017-19-17, Amendment 39-19047 (82 FR 44305, September 22, 2017), and adding the following new AD: 2017-23-10 Dassault Aviation: Amendment 39-19104; Docket No. FAA-2017-1023; Product Identifier 2017-NM-144-AD. (a) Effective Date

This AD is effective December 1, 2017.

(b) Affected ADs

This AD replaces AD 2017-19-17, Amendment 39-19047 (82 FR 44305, September 22, 2017) (“AD 2017-19-17”).

(c) Applicability

This AD applies to the Dassault Aviation airplanes identified in paragraphs (c)(1) and (c)(2) of this AD, certificated in any category.

(1) Model FALCON 900EX airplanes, serial numbers (S/Ns) 270 through 291 inclusive and 294.

(2) Model FALCON 2000EX airplanes, S/Ns 263 through 305 inclusive, 307 through 313 inclusive, 315, 320, and 701 through 734 inclusive.

(d) Subject

Air Transport Association (ATA) of America Code 30, Ice and rain protection.

(e) Reason

This AD was prompted by a design review of in-production airplanes that identified a deficiency in certain wing anti-ice system ducting. We are issuing this AD to detect and correct a deficiency in the wing anti-ice system ducting, which could result in reduced performance of the wing anti-ice system with potential ice accretion and ingestion, and could result in degraded engine power and degraded handling characteristics.

(f) Compliance

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

(g) Retained Revision to the Airplane Flight Manual (AFM), With No Changes

This paragraph restates the requirements of paragraph (g) of AD 2017-19-17, with no changes.

(1) For Model FALCON 900EX airplanes on which the actions specified in Dassault Service Bulletin F900EX-464 have not been accomplished: Within 10 flight cycles after September 6, 2016 (the effective date of AD 2016-17-02, Amendment 39-18615 (81 FR 55366, August 19, 2016) (“AD 2016-17-02”)), revise Section 4-200-05A, “OPERATION IN ICING CONDITIONS,” of the Model FALCON 900EX AFM to include the information in figure 1 to paragraph (g)(1) of this AD, and thereafter operate the airplane accordingly. The AFM revision may be done by inserting a copy of this AD into the AFM.

BILLING CODE 4910-13-P ER20NO17.000

(2) For Model FALCON 2000EX airplanes on which the actions specified in Dassault Service Bulletin F2000EX-393 have not been accomplished: Within 10 flight cycles after September 6, 2016 (the effective date of AD 2016-17-02), revise Section 4-200-05A, “OPERATION IN ICING CONDITIONS,” of the Model FALCON 2000EX AFM to include the information in figure 2 to paragraph (g)(2) of this AD, and thereafter operate the airplane accordingly. The AFM revision may be done by inserting a copy of this AD into the AFM.

ER20NO17.001 BILLING CODE 4910-13-C (h) Retained Inspection, Part Replacement, Part Re-identification, With Revised Affected Airplanes

This paragraph restates the requirements of paragraph (h) of AD 2017-19-17, with revised affected airplanes. For Model FALCON 900EX airplanes: Within 9 months after October 27, 2017 (the effective date of AD 2017-19-17), do a detailed inspection of the wing anti-ice system ducting (anti-ice pipe) for the presence of a diaphragm, and do all applicable actions specified in paragraph (h)(1) or (h)(2) of this AD, in accordance with the Accomplishment Instructions of Dassault Service Bulletin F900EX-464, dated June 20, 2016. After the applicable actions specified in paragraph (h)(1) or (h)(2) of this AD have been completed, the AFM revision required by paragraph (g) of this AD may be removed from the AFM for that airplane.

(1) If during the inspection required by the introductory text to paragraph (h) of this AD it is determined that a diaphragm is present: Before further flight, replace the wing anti-ice system ducting.

(2) If during the inspection required by the introductory text to paragraph (h) of this AD it is determined that a diaphragm is not present: Before further flight, do a check of the anti-ice pipe part number and re-identify the wing anti-ice system ducting.

(i) New Actions: Inspection, Part Replacement, Part Re-identification

For Model FALCON 2000EX airplanes: Within 9 months after the effective date of this AD, do a detailed inspection of the wing anti-ice system ducting (anti-ice pipe) for the presence of a diaphragm, and do all applicable actions specified in paragraph (i)(1) or (i)(2) of this AD, in accordance with the Accomplishment Instructions of Dassault Service Bulletin F2000EX-393, dated June 20, 2016. After the applicable actions specified in paragraph (i)(1) or (i)(2) of this AD have been completed, the AFM revision required by paragraph (g) of this AD may be removed from the AFM for that airplane.

(1) If during the inspection required by the introductory text to paragraph (i) of this AD it is determined that a diaphragm is not present: Before further flight, replace the wing anti-ice system ducting.

(2) If during the inspection required by the introductory text to paragraph (i) of this AD it is determined that a diaphragm is present: Before further flight, do a check of the anti-ice pipe part number and re-identify the wing anti-ice system ducting.

(j) Other FAA AD Provisions

The following provisions also apply to this AD:

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

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

(k) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA Emergency AD 2016-0130-E, dated July 5, 2016, for related information. This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1023.

(2) For more information about this AD, contact Tom Rodriguez, Aerospace Engineer, International Section, Transport Standards Branch, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; fax 425-227-1149.

(l) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on October 27, 2017 (82 FR 44305, September 22, 2017).

(i) Dassault Aviation Service Bulletin F900EX-464, dated June 20, 2016.

(ii) Dassault Aviation Service Bulletin F2000EX-393, dated June 20, 2016.

(4) For service information identified in this AD, contact Dassault Falcon Jet Corporation, Teterboro Airport, P.O. Box 2000, South Hackensack, NJ 07606; telephone 201-440-6700; Internet http://www.dassaultfalcon.com.

(5) 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.

(6) 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 7, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-24810 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0773; Product Identifier 2017-NM-067-AD; Amendment 39-19101; AD 2017-23-07] 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 cracks found in the lower chord of the left wing rear spar. This AD requires repetitive inspections for cracking of the lower chord of the rear spar and lower 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 26, 2017.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 26, 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-2017-0773.

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-2017-0773; 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 38641). The NPRM was prompted by reports of cracks found in the lower chord of the left wing rear spar. The NPRM proposed to require repetitive low frequency eddy current (LFEC) inspections for cracking of the lower chord of the rear spar and detailed inspections for cracking of the lower aft skin at wing buttock line (WBL) 157 and applicable on-condition actions.

We are issuing this AD to detect and correct cracking of the lower chord of the rear spar and the lower aft skin at WBL 157.

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 737-57A1333, dated May 12, 2017. This service information describes procedures for repetitive LFEC inspections for cracking of the lower chord of the rear spar and detailed inspections for cracking of the lower aft skin at WBL 157, applicable on-condition actions (e.g., repair), and instructions for airplanes that have an existing repair in the inspection area. 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 190 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 LFEC and detailed inspections 10 work-hours × $85 per hour = $850 per inspection cycle $0 $850 per inspection cycle Up to $161,500 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.

We have received no definitive data that would enable us to provide cost estimates for the instructions for airplanes that have an existing repair in the inspection area 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): 2017-23-07 The Boeing Company: Amendment 39-19101; Docket No. FAA-2017-0773; Product Identifier 2017-NM-067-AD. (a) Effective Date

This AD is effective December 26, 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 the report of a crack indication in the horizontal flange of the lower chord of the left wing rear spar at wing buttock line (WBL) 157 and multiple reports of similar crack findings on other airplanes. We are issuing this AD to detect and correct cracking of the lower chord of the rear spar and the lower aft skin at WBL 157. Undetected cracks could lead to the inability of the lower chord of the rear spar, a principal structural element, to sustain limit load, which could 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 Group 2 airplanes identified in Boeing Alert Service Bulletin 737-57A1333, dated May 12, 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 737-57A1333, dated May 12, 2017, do all applicable actions identified as “RC” (required for compliance) in, and in accordance with, the Accomplishment Instructions of Boeing Alert Service Bulletin 737-57A1333, dated May 12, 2017.

(2) For Group 1 airplanes identified in Boeing Alert Service Bulletin 737-57A1333, dated May 12, 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) Where Boeing Alert Service Bulletin 737-57A1333, dated May 12, 2017, uses the phrase “after the original issue date of this service bulletin,” for purposes of determining compliance with the requirements of this AD, the phrase “after the effective date of this AD” must be used.

(2) Where Boeing Alert Service Bulletin 737-57A1333, dated May 12, 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 737-57A1333, dated May 12, 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 6, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-24732 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0338; Product Identifier 2016-NM-153-AD; Amendment 39-19103; AD 2017-23-09] 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-600-2A12 (CL-601 Variant) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. This AD was prompted by a determination that the bushing holes on the engine mount rib might not conform to the engineering drawings and that certain inspections of the engine mount rib must be included in the airworthiness limitations section (ALS) of the Instructions for Continued Airworthiness (ICA). This AD requires revising the maintenance or inspection program to incorporate certain airworthiness limitation items (ALIs). We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective December 26, 2017.

ADDRESSES:

For service information identified in this final rule, contact Bombardier, Inc., 400 Côte-Vertu Road West, Dorval, Québec H4S 1Y9, Canada; Widebody Customer Response Center North America toll-free telephone 1-866-538-1247 or direct-dial telephone 1-514-855-2999; fax 514-855-7401; email [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-2017-0338.

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-2017-0338; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Bombardier, Inc., Model CL-600-2A12 (CL-601 Variant) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. The NPRM published in the Federal Register on June 14, 2017 (82 FR 27219) (“the NPRM”). The NPRM was prompted by a determination that the bushing holes on the engine mount rib might not conform to the engineering drawings and that certain inspections of the engine mount rib must be included in the ALS of the ICA. The NPRM proposed to require revising the maintenance or inspection program to incorporate certain ALIs. We are issuing this AD to detect and correct failure of an engine mount rib. Failure of an engine mount rib could compromise the structural integrity of the engine mount and could lead to subsequent detachment of an engine.

Transport Canada Civil Aviation (TCCA), which is the aviation authority for Canada, has issued Canadian Airworthiness Directive CF-2015-09R1, dated June 29, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Bombardier, Inc., Model CL-600-2A12 (CL-601 Variant) and CL-600-2B16 (CL-601-3A, CL-601-3R, and CL-604 Variants) airplanes. The MCAI states:

The aeroplane manufacturer has determined that the bushing holes on the engine mount rib may not conform to the engineering drawings. Non-conforming bushing holes could increase loading on adjacent fasteners, resulting in premature fatigue cracking of the engine mount rib.

In addition, it was also discovered that the inspection requirements for the engine mount rib were not listed in the Airworthiness Limitations Section of the Instructions for Continued Airworthiness.

Failure of the engine mount rib could compromise the structural integrity of the engine mount and could lead to subsequent detachment of an engine.

A new Time Limits/Maintenance Checks (TLMC) Airworthiness Limitations (AWL) task is introduced to ensure that any fatigue cracking of the engine mount rib is detected and corrected.

The original issue of this [Canadian] AD mandated the incorporation of a new TLMC AWL task [into the maintenance or inspection program, as applicable].

Revision 1 of this [Canadian] AD is issued to remove model CL-600-1A11 (600) aeroplanes from the Applicability section of the [Canadian] AD since this model was incorrectly included in the original issue.

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-2017-0338.

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.

Requests To Revise Applicability

Bombardier, Inc. (Bombardier) and NetJets Inc. (NetJets) requested that we revise paragraph (c)(3) of the proposed AD. The commenters explained that the Applicability should specify Model CL-600-2B16 (CL-604 Variant) airplanes having serial numbers (S/Ns) 5301 through 5665 inclusive, and S/Ns 5701 through 5990 inclusive; instead of Model CL-600-2B16 (CL-604 Variant) airplanes, having S/Ns 5301 through 5665 inclusive, and S/Ns 5701 and subsequent.

Bombardier stated that “Challenger 650” is a marketing designation for Model CL-600-2B16 (604 Variant) airplanes starting at S/N 6050, and “Challenger 605” is a marketing designation for Model CL-600-2B16 (604 Variant) airplanes having S/Ns 5701 to 5990. Bombardier and NetJets stated that future Model CL-600-2B16 (CL-604 Variant) airplanes having serial numbers subsequent to S/N 5990 do not require the proposed actions, explaining that task 54-50-00-103 (inspections of the engine mount rib) was first incorporated into the Time Limits/Maintenance Checks (TLMC) manual for Challenger 650 airplanes. Therefore, Bombardier asserts that operators of Challenger 650 airplanes should not be required to comply with the AD.

We agree with the commenters' requests. We have coordinated with TCCA and have verified that Model CL-600-2B16 (CL-604 Variant) airplanes having serial numbers subsequent to S/N 5990 should not be subject to the required actions. We have changed paragraph (c)(3) of this AD accordingly.

Requests To Clarify Method of Compliance (MOC) for Maintenance/Inspection Program Revision

Bombardier requested that more details be provided on how to meet the intent of paragraph (g) of the proposed AD, which specifies contacting the FAA for a MOC for revising the maintenance or inspection program to incorporate maintenance tasks. Bombardier suggested that the AD should specify the revisions in which the tasks were incorporated into the TLMC manual. Bombardier also suggested that this would prevent operators with a proper TLMC from being subject to a future AD. Bombardier stated that the AD should specify the tasks to be incorporated in the maintenance schedule, in order to provide operators with a sufficient level of detail on the revisions to be made to their maintenance or inspection program.

NetJets requested that we identify the specific tasks that are to be incorporated into the maintenance or inspection program. NetJets noted that the MCAI provides the specific task numbers.

We partially agree. We agree that operators need to know which actions must be incorporated into their maintenance or inspection programs. Therefore, we have revised paragraph (g) of this AD to identify the actions that must be incorporated.

We do not agree to identify specific TLMC revisions in this AD. The service information specified in Note 1 to paragraph (g) of this AD provides guidance on the required actions. However, to specify the service information in paragraph (g) of this AD would require it to be incorporated by reference in this AD. The service information identified in this AD does not meet the Office of the Federal Register's criteria for materials incorporated by reference. Therefore, we have not changed this AD in this regard.

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.

Costs of Compliance

We estimate that this AD affects 129 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
  • Revision of maintenance or inspection program 1 work-hour × $85 per hour = $85 $0 $85 $10,965
    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): 2017-23-09 Bombardier, Inc.: Amendment 39-19103; Docket No. FAA-2017-0338; Product Identifier 2016-NM-153-AD. (a) Effective Date

    This AD is effective December 26, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the Bombardier, Inc., airplanes identified in paragraphs (c)(1), (c)(2), and (c)(3) of this AD, certificated in any category.

    (1) Bombardier, Inc., Model CL-600-2A12 (CL-601) airplanes, having serial numbers (S/Ns) 3001 through 3066 inclusive.

    (2) Bombardier, Inc., Model CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes, having S/Ns 5001 through 5194 inclusive.

    (3) Bombardier, Inc., Model CL-600-2B16 (CL-604 Variant) airplanes having S/Ns 5301 through 5665 inclusive, and S/Ns 5701 through 5990 inclusive.

    (d) Subject

    Air Transport Association (ATA) of America Code 05, Periodic inspections.

    (e) Reason

    This AD was prompted by a determination that the bushing holes on the engine mount rib may not conform to the engineering drawings and that certain inspections of the engine mount rib must be included in the airworthiness limitations section (ALS) of the Instructions for Continued Airworthiness (ICA). We are issuing this AD to detect and correct failure of an engine mount rib. Failure of an engine mount rib could compromise the structural integrity of the engine mount and could lead to subsequent detachment of an engine.

    (f) Compliance

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

    (g) Maintenance or Inspection Program Revision

    Within 60 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, to incorporate inspections for fatigue cracking of the engine mount rib and corrective actions, as applicable, in accordance with a method approved by the Manager, New York ACO Branch, FAA.

    Note 1 to paragraph (g) of this AD: Guidance can be found in Tasks 54-10-00-106 and 54-50-00-103 of Chapter 5 of the Bombardier Time Limits/Maintenance Checks (TLMC) Manual PSP 601-5 (for Model CL-600-2A12 (CL-601 Variant) airplanes); Bombardier TLMC Manual PSP 601A-5 (for CL-600-2B16 (CL-601-3A and CL-601-3R Variants) airplanes); Bombardier TLMC Manual CL-604 (for Model CL-600-2B16 (CL-604 Variant) airplanes, S/Ns 5301 through 5665 inclusive); and Bombardier TLMC Manual CL-605 (for Model CL-600-2B16 (CL-604 Variant) airplanes, S/Ns 5701 through 5990).

    (h) No Alternative Actions and/or Intervals

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

    (i) Other FAA AD Provisions

    The following provisions also apply to this AD:

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

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

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) Canadian Airworthiness Directive CF-2015-09R1, dated June 29, 2015, 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-2017-0338.

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

    (k) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on November 7, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-24737 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0649; Airspace Docket No. 17-ASW-11] Establishment of Class E Airspace; Boothville, LA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    This action establishes Class E airspace extending upward from 700 feet above the surface at Boothville Heliport, Boothville, LA. Controlled airspace is necessary to accommodate new special instrument approach procedures developed at Boothville Heliport, for the safety and management of instrument flight rules (IFR) operations at the heliport.

    DATES:

    Effective 0901 UTC, February 1, 2018. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

    ADDRESSES:

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

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

    FOR FURTHER INFORMATION CONTACT:

    Walter Tweedy, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5900.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

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

    History

    The FAA published in the Federal Register (82 FR 36105, August 3, 2017), Docket No. FAA-2017-0649 a notice of proposed rulemaking to establish Class E airspace extending upward from 700 feet above the surface at Boothville Heliport, Boothville, LA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Rule

    This amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 establishes Class E airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Boothville Heliport, Boothville, LA, to accommodate new special instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

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

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    Adoption of the Amendment

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

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward from 700 feet or More Above the Surface of the Earth. ASW LA E5 Boothville, LA [New] Boothville Heliport, LA (Lat. 29°21′15″ N., long. 89°26′09″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Boothville Heliport.

    Issued in Fort Worth, Texas on November 9, 2017. Wayne Eckenrode, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2017-24868 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31163; Amdt. No. 3773] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective November 20, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 20, 2017.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC on November 3, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows: Effective 7 December 2017 Cold Bay, AK, Cold Bay, RNAV (GPS) RWY 26, Amdt 3 Kotzebue, AK, Ralph Wien Memorial, ILS OR LOC RWY 9, Amdt 1 Kotzebue, AK, Ralph Wien Memorial, RNAV (GPS) RWY 9, Orig-B Kotzebue, AK, Ralph Wien Memorial, RNAV (GPS) RWY 27, Orig-B Kotzebue, AK, Ralph Wien Memorial, Takeoff Minimums and Obstacle DP, Amdt 1 Kotzebue, AK, Ralph Wien Memorial, VOR RWY 9, Orig-C Kotzebue, AK, Ralph Wien Memorial, VOR RWY 27, Orig-A Palmer, AK, Palmer Buddy Woods Muni, PALMER FOUR, Graphic DP Russian Mission, AK, Russian Mission, RNAV (GPS) RWY 17, Orig-B Russian Mission, AK, Russian Mission, RNAV (GPS) RWY 35, Orig-C Sacramento, CA, Sacramento Intl, ILS OR LOC RWY 16L, Amdt 4 Sacramento, CA, Sacramento Intl, RNAV (GPS) Y RWY 16L, Amdt 3 Santa Ana, CA, John Wayne Airport-Orange County, ILS OR LOC RWY 20R, ILS RWY 20R (SA CAT I), Amdt 14 Santa Ana, CA, John Wayne Airport-Orange County, RNAV (GPS) Y RWY 20R, Amdt 3 Kahului, HI, Kahului, ILS OR LOC RWY 2, Amdt 25 Auburn/Lewiston, ME, Auburn/Lewiston Muni, ILS OR LOC RWY 4, Amdt 11 Auburn/Lewiston, ME, Auburn/Lewiston Muni, RNAV (GPS) RWY 4, Amdt 2 Traverse City, MI, Cherry Capital, RNAV (GPS) RWY 10, Amdt 2 Traverse City, MI, Cherry Capital, Takeoff Minimums and Obstacle DP, Amdt 12 Faribault, MN, Faribault Muni-Liz Wall Strohfus Field, Takeoff Minimums and Obstacle DP, Amdt 1 Gulfport, MS, Gulfport-Biloxi Intl, ILS Z OR LOC Z RWY 14, ILS Z RWY 14 (SA CAT II), Amdt 15 Gulfport, MS, Gulfport-Biloxi Intl, ILS Z OR LOC Z RWY 32, Amdt 5 Gulfport, MS, Gulfport-Biloxi Intl, RADAR-1, Amdt 7 Gulfport, MS, Gulfport-Biloxi Intl, RNAV (GPS) RWY 14, Amdt 2 Gulfport, MS, Gulfport-Biloxi Intl, RNAV (GPS) RWY 18, Amdt 2 Gulfport, MS, Gulfport-Biloxi Intl, RNAV (GPS) RWY 32, Amdt 2 Gulfport, MS, Gulfport-Biloxi Intl, RNAV (GPS) RWY 36, Amdt 2 Gulfport, MS, Gulfport-Biloxi Intl, VOR Y RWY 14, Amdt 22A Gulfport, MS, Gulfport-Biloxi Intl, VOR Y RWY 32, Amdt 21C Gulfport, MS, Gulfport-Biloxi Intl, VOR Z RWY 32, Amdt 5 Gulfport, MS, Gulfport-Biloxi Intl, VOR Z OR TACAN Z RWY 14, Amdt 4 Butte, MT, Bert Mooney, ILS OR LOC RWY 15, Orig Butte, MT, Bert Mooney, ILS Y RWY 15, Amdt 7A, CANCELED Butte, MT, Bert Mooney, LOC/DME RWY 15, Amdt 7A, CANCELED Butte, MT, Bert Mooney, RNAV (GPS) RWY 15, Orig Butte, MT, Bert Mooney, RNAV (GPS) Y RWY 15, Orig-A, CANCELED Butte, MT, Bert Mooney, RNAV (GPS) Z RWY 15, Amdt 1B, CANCELED Butte, MT, Bert Mooney, Takeoff Minimums and Obstacle DP, Amdt 6 Butte, MT, Bert Mooney, VOR-A, Orig Butte, MT, Bert Mooney, VOR OR GPS-B, Amdt 1B, CANCELED Canandaigua, NY, Canandaigua, RNAV (GPS) RWY 13, Amdt 2A Canandaigua, NY, Canandaigua, RNAV (GPS) RWY 31, Amdt 1B Canandaigua, NY, Canandaigua, VOR-A, Orig-B New York, NY, Laguardia, COPTER ILS OR LOC RWY 22, Amdt 3 New York, NY, Laguardia, ILS OR LOC RWY 4, Amdt 37 New York, NY, Laguardia, ILS OR LOC RWY 13, Amdt 2 New York, NY, Laguardia, ILS OR LOC RWY 22, ILS RWY 22 (SA CAT I), ILS RWY 22 (SA CAT II), Amdt 21 New York, NY, Laguardia, RNAV (GPS) Y RWY 22, Amdt 2C New York, NY, Laguardia, RNAV (RNP) Z RWY 22, Orig-D Eugene, OR, Mahlon Sweet Field, ILS OR LOC RWY 16L, Amdt 2 Eugene, OR, Mahlon Sweet Field, ILS OR LOC RWY 16R, ILS RWY 16R (SA CAT I), ILS RWY 16R (CAT II), ILS RWY 16R (CAT III), Amdt 38 Eugene, OR, Mahlon Sweet Field, RNAV (GPS) Y RWY 16L, Amdt 3 Eugene, OR, Mahlon Sweet Field, RNAV (GPS) Y RWY 16R, Amdt 2 Eugene, OR, Mahlon Sweet Field, RNAV (GPS) Y RWY 34L, Amdt 3 Eugene, OR, Mahlon Sweet Field, RNAV (GPS) Y RWY 34R, Amdt 3 Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 16L, Amdt 1 Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 16R, Amdt 1 Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 34L, Amdt 1 Eugene, OR, Mahlon Sweet Field, RNAV (RNP) Z RWY 34R, Amdt 1 Ontario, OR, Ontario Muni, NDB RWY 33, Amdt 6 Ontario, OR, Ontario Muni, RNAV (GPS) RWY 15, Amdt 1 Ontario, OR, Ontario Muni, RNAV (GPS) RWY 33, Amdt 1 Ontario, OR, Ontario Muni, Takeoff Minimums and Obstacle DP, Amdt 5 Rosebud, SD, Rosebud Sioux Tribal, RNAV (GPS) RWY 34, Orig Rosebud, SD, Rosebud Sioux Tribal, Takeoff Minimums and Obstacle DP, Orig Sioux Falls, SD, Joe Foss Field, RNAV (GPS) RWY 21, Amdt 2 Sioux Falls, SD, Joe Foss Field, RNAV (GPS) RWY 33, Amdt 2 Wessington Springs, SD, Wessington Springs, RNAV (GPS) RWY 12, Orig Wessington Springs, SD, Wessington Springs, RNAV (GPS) RWY 30, Orig Wessington Springs, SD, Wessington Springs, Takeoff Minimums and Obstacle DP, Orig Bristol/Johnson/Kingsport, TN, Tri-Cities, ILS OR LOC RWY 5, Amdt 3C Bristol/Johnson/Kingsport, TN, Tri-Cities, ILS OR LOC RWY 23, ILS RWY 23 (SA CAT I), ILS RWY 23 (CAT II), Amdt 24G Bristol/Johnson/Kingsport, TN, Tri-Cities, RNAV (GPS) RWY 5, Amdt 1C Bristol/Johnson/Kingsport, TN, Tri-Cities, RNAV (GPS) RWY 23, Amdt 1C Bristol/Johnson/Kingsport, TN, Tri-Cities, RNAV (GPS) RWY 27, Amdt 1A Vernal, UT, Vernal Rgnl, RNAV (GPS) RWY 34, Amdt 1C, CANCELED Vernal, UT, Vernal Rgnl, VOR RWY 34, Amdt 8A, CANCELED Everett, WA, Snohomish County (Paine Fld), ILS Y OR LOC Y RWY 16R, Amdt 23 Everett, WA, Snohomish County (Paine Fld), ILS Z OR LOC Z RWY 16R, ILS Z RWY 16R (SA CAT II), Amdt 1 Everett, WA, Snohomish County (Paine Fld), RNAV (GPS) RWY 34L, Amdt 3 Everett, WA, Snohomish County (Paine Fld), RNAV (GPS) Y RWY 16R, Amdt 2 Everett, WA, Snohomish County (Paine Fld), RNAV (GPS) Z RWY 16R, Amdt 1 Everett, WA, Snohomish County (Paine Fld), VOR-A, Orig Everett, WA, Snohomish County (Paine Fld), VOR/DME RWY 16R, Orig-A, CANCELED

    RESCINDED: On October 19, 2017 (82 FR 48611), the FAA published an Amendment in Docket No. 31157, Amdt No. 3767 to Part 97 of the Federal Aviation Regulations under section 97.23, 97.29, 97.33, 97.37. The following entries for Sacramento, CA, West Palm Beach, FL, and Norfolk, VA, effective December 7, 2017, are hereby rescinded in their entirety:

    Sacramento, CA, Sacramento Intl, ILS OR LOC RWY 34L, Amdt 7F West Palm Beach, FL, North Palm Beach County General Aviation, ILS OR LOC RWY 9R, Amdt 2 West Palm Beach, FL, North Palm Beach County General Aviation, RNAV (GPS) RWY 9R, Amdt 2 West Palm Beach, FL, North Palm Beach County General Aviation, RNAV (GPS) RWY 14, Amdt 1 West Palm Beach, FL, North Palm Beach County General Aviation, RNAV (GPS) RWY 27L, Amdt 2 West Palm Beach, FL, North Palm Beach County General Aviation, Takeoff Minimums and Obstacle DP, Amdt 1 West Palm Beach, FL, North Palm Beach County General Aviation, VOR RWY 9R, Amdt 2 Norfolk, VA, Norfolk Intl, ILS OR LOC RWY 23, Amdt 8 Norfolk, VA, Norfolk Intl, RNAV (GPS) RWY 14, Amdt 1 Norfolk, VA, Norfolk Intl, VOR RWY 14, Amdt 3
    [FR Doc. 2017-24999 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31164; Amdt. No. 3774] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective November 20, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 20, 2017.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA).

    For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC, on November 3, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows:

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

    * * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 7-Dec-17 WI Madison Dane County Rgnl-Truax Field 7/2283 10/13/17 This NOTAM, published in TL 17-25, is hereby rescinded in its entirety. 7-Dec-17 WI Madison Dane County Rgnl-Truax Field 7/0272 10/13/17 ILS OR LOC/DME RWY 36, Amdt 2. 7-Dec-17 AR Magnolia Ralph C Weiser Field 7/2631 10/19/17 RNAV (GPS) RWY 18, Orig-A. 7-Dec-17 MN Faribault Faribault Muni 7/2688 10/25/17 RNAV (GPS) RWY 12, Amdt 1B. 7-Dec-17 MN Faribault Faribault Muni 7/2689 10/25/17 RNAV (GPS) RWY 30, Amdt 1C. 7-Dec-17 MN Faribault Faribault Muni 7/2690 10/25/17 VOR-A, Amdt 6A. 7-Dec-17 SD Rapid City Rapid City Rgnl 7/3356 10/19/17 ILS OR LOC RWY 32, Amdt 21. 7-Dec-17 PA Pottstown Heritage Field 7/4087 10/19/17 LOC RWY 28, Amdt 3. 7-Dec-17 CA Bakerfield Meadows Field 7/4419 10/23/17 RNAV (GPS) RWY 30R, Amdt 2. 7-Dec-17 TX Houston George Bush Intercontinental/Houston 7/6422 10/23/17 RNAV (GPS) Z RWY 9, Amdt 5A. 7-Dec-17 GA Atlanta Paulding Northwest Atlanta 7/6439 10/19/17 RNAV (GPS) RWY 13, Amdt 1. 7-Dec-17 MS Bay St Louis Stennis Intl 7/9219 10/19/17 NDB RWY 18, Amdt 2.
    [FR Doc. 2017-25003 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31161; Amdt. No. 3771] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective November 20, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 20, 2017.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC on October 20, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows: Effective 7 December 2017 Buckland, AK, Buckland, Takeoff Minimums and Obstacle DP, Amdt 2 Cold Bay, AK, Cold Bay, Takeoff Minimums and Obstacle DP, Amdt 8 Augusta, AR, Woodruff County, RNAV (GPS)-A, Orig Augusta, AR, Woodruff County, Takeoff Minimums and Obstacle DP, Orig Monticello, AR, Monticello Muni/Ellis Field, RNAV (GPS) RWY 21, Amdt 2 Flagstaff, AZ, Flagstaff Pulliam, ILS OR LOC RWY 21, Amdt 1 Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS) RWY 3, Amdt 1 Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS) RWY 21, Orig Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS)-B, Orig, CANCELED Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS) Y RWY 21, Orig-B, CANCELED Flagstaff, AZ, Flagstaff Pulliam, RNAV (GPS) Z RWY 21, Orig, CANCELED Flagstaff, AZ, Flagstaff Pulliam, VOR RWY 21, Amdt 1 Flagstaff, AZ, Flagstaff Pulliam, VOR-A, Amdt 4, CANCELED Fresno, CA, Fresno Yosemite Intl, ILS Y OR LOC Y RWY 29R, ILS Y RWY 29R (CAT II), ILS Y RWY 29R (CAT III), Amdt 38B Fresno, CA, Fresno Yosemite Intl, LOC Y RWY 11L, Amdt 2C Fresno, CA, Fresno Yosemite Intl, RNAV (GPS) RWY 11L, Amdt 1B Fresno, CA, Fresno Yosemite Intl, RNAV (GPS) RWY 11R, Amdt 2B Fresno, CA, Fresno Yosemite Intl, RNAV (GPS) RWY 29L, Amdt 2B Fresno, CA, Fresno Yosemite Intl, RNAV (GPS) RWY 29R, Amdt 1B Fresno, CA, Fresno Yosemite Intl, Takeoff Minimums and Obstacle DP, Amdt 8B Oakland, CA, Metropolitan Oakland Intl, ILS OR LOC RWY 30, ILS RWY 30 (SA CAT I), ILS RWY 30 (CAT II), ILS RWY 30 (CAT III), Amdt 31 San Diego/El Cajon, CA, Gillespie Field, MISSION BAY ONE, Graphic DP San Diego/El Cajon, CA, Gillespie Field, Takeoff Minimums and Obstacle DP, Amdt 6 Monte Vista, CO, Monte Vista Muni, Takeoff Minimums and Obstacle DP, Amdt 4 Tallahassee, FL, Tallahassee Intl, ILS OR LOC RWY 27, ILS RWY 27 (CAT II), Amdt 10B Tallahassee, FL, Tallahassee Intl, ILS OR LOC RWY 36, Amdt 25D Tallahassee, FL, Tallahassee Intl, RADAR-1, Amdt 6A Tallahassee, FL, Tallahassee Intl, RNAV (GPS) RWY 9, Amdt 2A Tallahassee, FL, Tallahassee Intl, RNAV (GPS) RWY 18, Amdt 2A Tallahassee, FL, Tallahassee Intl, RNAV (GPS) RWY 27, Amdt 2B Tallahassee, FL, Tallahassee Intl, RNAV (GPS) RWY 36, Amdt 2A Lake Charles, LA, Lake Charles Rgnl, ILS OR LOC RWY 15, Amdt 23 Lake Charles, LA, Lake Charles Rgnl, RNAV (GPS) RWY 5, Amdt 1 Lake Charles, LA, Lake Charles Rgnl, RNAV (GPS) RWY 23, Amdt 1 Saginaw, MI, Saginaw County H W Browne, ILS OR LOC RWY 28, Amdt 1 Saginaw, MI, Saginaw County H W Browne, RNAV (GPS) RWY 10, Amdt 1 Saginaw, MI, Saginaw County H W Browne, RNAV (GPS) RWY 28, Amdt 2 Saginaw, MI, Saginaw County H W Browne, Takeoff Minimums and Obstacle DP, Amdt 9 Eveleth, MN, Eveleth-Virginia Muni, RNAV (GPS) RWY 27, Orig-B Big Timber, MT, Big Timber, RNAV (GPS) RWY 6, Orig Big Timber, MT, Big Timber, RNAV (GPS) RWY 24, Orig Big Timber, MT, Big Timber, Takeoff Minimums and Obstacle DP, Orig Billings, MT, Billings Logan Intl, Takeoff Minimums and Obstacle DP, Amdt 7A Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 5, Amdt 17 Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 23, Amdt 32 Buffalo, NY, Buffalo Niagara Intl, ILS OR LOC RWY 32, Amdt 2 Lake Placid, NY, Lake Placid, RNAV (GPS)-A, Amdt 1 Columbus, OH, John Glenn Columbus Intl, ILS OR LOC RWY 28L, ILS RWY 28L (SA CAT I), ILS RWY 28L (SA CAT II), Amdt 30B Philadelphia, PA, Philadelphia Intl, Takeoff Minimums and Obstacle DP, Amdt 10 Pottsville, PA, Schuylkill County/Joe Zerbey, VOR-A, Orig Pottsville, PA, Schuylkill County/Joe Zerbey, VOR OR GPS RWY 4, Amdt 5B, CANCELED Winnsboro, SC, Fairfield County, NDB RWY 4, Amdt 5 Winnsboro, SC, Fairfield County, RNAV (GPS) RWY 4, Amdt 2 Winnsboro, SC, Fairfield County, RNAV (GPS) RWY 22, Amdt 2 Winnsboro, SC, Fairfield County, Takeoff Minimums and Obstacle DP, Amdt 1 Austin, TX, Austin-Bergstrom Intl, ILS OR LOC RWY 17L, ILS RWY 17L (SA CAT I), ILS RWY 17L (CAT II), ILS RWY 17L (CAT III), Amdt 3 Austin, TX, Austin-Bergstrom Intl, ILS OR LOC RWY 17R, Amdt 5 Austin, TX, Austin-Bergstrom Intl, ILS OR LOC RWY 35L, Amdt 6 Austin, TX, Austin-Bergstrom Intl, ILS OR LOC RWY 35R, Amdt 3 Austin, TX, Austin-Bergstrom Intl, RNAV (GPS) Y RWY 17L, Amdt 2 Austin, TX, Austin-Bergstrom Intl, RNAV (GPS) Y RWY 17R, Amdt 2 Austin, TX, Austin-Bergstrom Intl, RNAV (GPS) Y RWY 35L, Amdt 2 Austin, TX, Austin-Bergstrom Intl, RNAV (GPS) Y RWY 35R, Amdt 2 Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 17L, Amdt 1 Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 17R, Amdt 1 Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 35L, Amdt 1 Austin, TX, Austin-Bergstrom Intl, RNAV (RNP) Z RWY 35R, Amdt 1 Austin, TX, Austin-Bergstrom Intl, Takeoff Minimums and Obstacle DP, Amdt 2 Lufkin, TX, Angelina County, ILS OR LOC RWY 7, Amdt 3 Lufkin, TX, Angelina County, RNAV (GPS) RWY 7, Amdt 1 Lufkin, TX, Angelina County, RNAV (GPS) RWY 16, Amdt 1 Lufkin, TX, Angelina County, RNAV (GPS) RWY 25, Amdt 2 Lufkin, TX, Angelina County, RNAV (GPS) RWY 34, Amdt 2 Lufkin, TX, Angelina County, Takeoff Minimums and Obstacle DP, Amdt 1 Lufkin, TX, Angelina County, VOR RWY 16, Amdt 5 Lufkin, TX, Angelina County, VOR RWY 34, Amdt 15 Lake Geneva, WI, Grand Geneva Resort, RNAV (GPS) RWY 23, Orig-B Phillips, WI, Price County, RNAV (GPS) RWY 1, Amdt 1 Phillips, WI, Price County, RNAV (GPS) RWY 6, Orig-C Phillips, WI, Price County, Takeoff Minimums and Obstacle DP, Amdt 2 Lewisburg, WV, Greenbrier Valley, RNAV (GPS) RWY 22, Amdt 1

    Rescinded: On October 19, 2017 (82 FR 48611), the FAA published an Amendment in Docket No. 31157, Amdt No. 3767 to Part 97 of the Federal Aviation Regulations under section 97.37. The following entry for Asheville, NC, effective December 7, 2017, is hereby rescinded in its entirety:

    Asheville, NC, Asheville Rgnl, Takeoff Minimums and Obstacle DP, Amdt 1
    [FR Doc. 2017-25002 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 97 [Docket No. 31162; Amdt. No. 3772] Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures; Miscellaneous Amendments AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

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

    DATES:

    This rule is effective November 20, 2017. The compliance date for each SIAP, associated Takeoff Minimums, and ODP is specified in the amendatory provisions.

    The incorporation by reference of certain publications listed in the regulations is approved by the Director of the Federal Register as of November 20, 2017.

    ADDRESSES:

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

    For Examination

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

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

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

    4. The National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

    Availability

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

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

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

    Availability and Summary of Material Incorporated by Reference

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

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

    The Rule

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

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

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

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

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

    List of Subjects in 14 CFR Part 97

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

    Issued in Washington, DC, on October 20, 2017. John S. Duncan, Director, Flight Standards Service. Adoption of the Amendment

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

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

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

    2. Part 97 is amended to read as follows:
    §§ 97.23, 97.25, 97.27, 97.29, 97.31, 97.33, 97.35 [AMENDED]

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

    * * * Effective Upon Publication AIRAC date State City Airport FDC No. FDC date Subject 7-Dec-17 IL Moline Quad City Intl 7/2247 9/26/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 CA Bakersfield Meadows Field 7/3688 9/28/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 MI Grand Rapids Gerald R Ford Intl 7/3819 9/27/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 MI Grand Rapids Gerald R Ford Intl 7/3820 9/27/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 MI Grand Rapids Gerald R Ford Intl 7/3821 9/27/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 ME Brunswick Brunswick Executive 7/4801 10/2/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 IL Chicago Chicago O'Hare Intl 7/7608 9/28/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 MA Provincetown Provincetown Muni 7/8469 9/27/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 CA Susanville Susanville Muni 7/9026 9/27/17 This NOTAM, published in TL 17-24, is hereby rescinded in its entirety. 7-Dec-17 DE Dover/Cheswold Delaware Airpark 7/0423 10/17/17 VOR RWY 27, Orig. 7-Dec-17 AK Klawock Klawock 7/0450 10/17/17 RNAV (GPS) RWY 2, Orig-C. 7-Dec-17 WA Ellensburg Bowers Field 7/0683 10/17/17 VOR/DME-A, Amdt 3A. 7-Dec-17 CA Los Angeles Los Angeles Intl 7/1516 10/5/17 RNAV (GPS) Y RWY 25R, Amdt 3. 7-Dec-17 CA Los Angeles Los Angeles Intl 7/1517 10/5/17 RNAV (GPS) Y RWY 7L, Amdt 3. 7-Dec-17 CA Los Angeles Los Angeles Intl 7/1518 10/5/17 RNAV (GPS) Y RWY 7R, Amdt 3. 7-Dec-17 WY Jackson Jackson Hole 7/1552 10/5/17 ILS Y OR LOC RWY 19, Orig-A. 7-Dec-17 LA Monroe Monroe Rgnl 7/1823 10/13/17 RNAV (GPS) RWY 4, Amdt 1A. 7-Dec-17 AK Deadhorse Deadhorse 7/1857 10/17/17 RNAV (GPS) Z RWY 24, Amdt 2. 7-Dec-17 AK Deadhorse Deadhorse 7/1858 10/17/17 ILS OR LOC RWY 6, Amdt 3. 7-Dec-17 IA Muscatine Muscatine Muni 7/1920 10/17/17 Takeoff Minimums and Obstacle DP, Amdt 3. 7-Dec-17 TN Knoxville Knoxville Downtown Island 7/2001 10/4/17 LOC RWY 26, Amdt 4. 7-Dec-17 OH Columbus John Glenn Columbus Intl 7/2079 10/5/17 RNAV (GPS) Y RWY 10R, Amdt 3B. 7-Dec-17 OH Columbus John Glenn Columbus Intl 7/2080 10/5/17 RNAV (GPS) Y RWY 28L, Amdt 3B. 7-Dec-17 WI Madison Dane County Rgnl-Truax Field 7/2281 10/13/17 RNAV (GPS) RWY 18, Amdt 2E. 7-Dec-17 WI Madison Dane County Rgnl-Truax Field 7/2282 10/13/17 RNAV (GPS) RWY 36, Amdt 2D. 7-Dec-17 WI Madison Dane County Rgnl-Truax Field 7/2283 10/13/17 ILS OR LOC/DME RWY 36, Amdt 2. 7-Dec-17 IN Seymour Freeman Muni 7/2519 10/4/17 RNAV (GPS) RWY 32, Amdt 1. 7-Dec-17 MI Bad Axe Huron County Memorial 7/2538 10/13/17 RNAV (GPS) RWY 35, Orig-A. 7-Dec-17 NM Deming Deming Muni 7/2811 10/17/17 RNAV (GPS) RWY 8, Orig. 7-Dec-17 NM Deming Deming Muni 7/2813 10/17/17 RNAV (GPS) RWY 22, Orig. 7-Dec-17 NM Deming Deming Muni 7/2814 10/17/17 RNAV (GPS) RWY 4, Amdt 1. 7-Dec-17 NM Deming Deming Muni 7/2815 10/17/17 VOR RWY 26, Amdt 10. 7-Dec-17 NY New York John F Kennedy Intl 7/2945 10/4/17 RNAV (GPS) Y RWY 22L, Amdt 1C. 7-Dec-17 NC Fayetteville Fayetteville Rgnl/Grannis Field 7/2946 10/4/17 ILS OR LOC RWY 4, Amdt 17A. 7-Dec-17 NC Greensboro Piedmont Triad Intl 7/2971 10/4/17 ILS OR LOC RWY 23R, Orig-B. 7-Dec-17 MO Kansas City Kansas City Intl 7/3177 10/4/17 ILS OR LOC RWY 27, Amdt 3A. 7-Dec-17 FL Miami Miami Intl 7/3233 10/4/17 RNAV (GPS) Z RWY 8R, Amdt 1A. 7-Dec-17 NC Wilmington Wilmington Intl 7/3279 10/17/17 RNAV (GPS) RWY 24, Amdt 3. 7-Dec-17 MT Great Falls Great Falls Intl 7/3305 10/4/17 RNAV (GPS) Y RWY 3, Amdt 3B. 7-Dec-17 KS Wellington Wellington Muni 7/4215 10/13/17 RNAV (GPS) RWY 35, Amdt 1. 7-Dec-17 MS Meridian Key Field 7/4340 10/13/17 RNAV (GPS) RWY 1, Amdt 3B. 7-Dec-17 MT Great Falls Great Falls Intl 7/4859 10/4/17 Takeoff Minimums and Obstacle DP, Amdt 1. 7-Dec-17 OH Akron Akron-Canton Rgnl 7/5046 10/4/17 RNAV (GPS) RWY 1, Orig. 7-Dec-17 IN Frankfort Frankfort Muni 7/5086 10/13/17 RNAV (GPS) RWY 9, Amdt 1A. 7-Dec-17 MT Cut Bank Cut Bank Intl 7/5118 10/13/17 RNAV (GPS) RWY 5, Orig. 7-Dec-17 OH Columbus John Glenn Columbus Intl 7/5119 10/5/17 RNAV (GPS) Y RWY 10L, Amdt 3B. 7-Dec-17 MT Cut Bank Cut Bank Intl 7/5120 10/13/17 RNAV (GPS) RWY 14, Orig-A. 7-Dec-17 MT Cut Bank Cut Bank Intl 7/5121 10/13/17 RNAV (GPS) RWY 23, Orig-A. 7- Dec-17 MT Cut Bank Cut Bank Intl 7/5122 10/13/17 RNAV (GPS) RWY 32, Orig-A. 7-Dec-17 MT Cut Bank Cut Bank Intl 7/5124 10/13/17 VOR RWY 32, Amdt 16A. 7-Dec-17 KY Danville Stuart Powell Field 7/5262 10/2/17 LOC/DME RWY 30, Amdt 1C. 7-Dec-17 MO Fort Leonard Wood Waynesville-St Robert Rgnl Forney Fld 7/9226 10/5/17 VOR RWY 14, Orig. 7-Dec-17 OH Cleveland Burke Lakefront 7/9328 10/13/17 RNAV (GPS) RWY 24R, Orig. 7-Dec-17 FL Tampa Tampa Intl 7/9876 10/13/17 RNAV (GPS) RWY 19R, Amdt 2B.
    [FR Doc. 2017-25001 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2013-0408; FRL-9970-83-Region 3] Air Plan Approval; Delaware; State Implementation Plan for Interstate Transport for the 2008 Ozone Standard; Withdrawal of Direct Final Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    Due to adverse comments received, the Environmental Protection Agency (EPA) is withdrawing the September 27, 2017 direct final rule that approved a revision to the Delaware state implementation plan (SIP) related to the interstate transport of air pollution for the 2008 ozone national ambient air quality standards (NAAQS). EPA stated in the direct final rule that if EPA received adverse comments by October 27, 2017, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments. EPA will address the comments received in a subsequent final rulemaking action based upon the proposed approval action for the same SIP submittal which was also published on September 27, 2017. EPA will not institute a second comment period on this action.

    DATES:

    The direct final rule published at 82 FR 44932 on September 27, 2017 is withdrawn effective November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ellen Schmitt, (215) 814-5787 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    The SIP revision was formally submitted by the State of Delaware, through the Delaware Department of Natural Resources and Environmental Control (DNREC), on March 27, 2013. The March 2013 SIP revision was submitted in order to satisfy the requirements of section 110(a)(2) of the Clean Air Act (CAA) for the 2008 ozone NAAQS. The September 27, 2017 direct final rule action addressed one portion of the March 2013 submittal, finding that Delaware has fully satisfied prongs 1 and 2 of section 110(a)(2)(D)(i)(I) of the CAA for the 2008 ozone NAAQS. EPA had previously acted on other portions of Delaware's March 27, 2013 SIP submittal.

    In the direct final rule published on September 27, 2017 (82 FR 44932), EPA stated that if the Agency received adverse comment by October 27, 2017, the rule would be withdrawn and not take effect. EPA subsequently received adverse comments from anonymous commenters. As a result of the comments received, EPA is withdrawing the direct final rule approving the revision to the Delaware SIP to reflect the interstate transport of air pollution for the 2008 ozone NAAQS. EPA will respond to the adverse comments in a subsequent final rulemaking action.

    List of Subjects in 40 CFR Part 52

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

    Dated: November 3, 2017. Cosmo Servidio, Regional Administrator, Region III. Accordingly, the amendments to 40 CFR 52.420(e) published on September 27, 2017 (82 FR 44932), are withdrawn effective November 20, 2017.
    [FR Doc. 2017-25022 Filed 11-17-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R03-OAR-2017-0215; FRL-9970-80-Region 3] Approval and Promulgation of Air Quality Implementation Plans; Virginia; Removal of Clean Air Interstate Rule (CAIR) Trading Programs; Withdrawal of Direct Final Rule AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    Due to receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the September 28, 2017 direct final rule (DFR) that approved a revision to the Virginia state implementation plan (SIP). The revision removed from the Virginia SIP regulations from the Virginia Administrative Code that established EPA-administered trading programs under the Clean Air Interstate Rule (CAIR), which were discontinued on December 31, 2014 upon the implementation of the Cross-State Air Pollution Rule (CSAPR). EPA stated in the direct final rule that if EPA received adverse comments by October 30, 2017, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. EPA will address the comments received in a subsequent final action based upon the proposed action also published on September 28, 2017. EPA will not institute a second comment period on this action.

    DATES:

    The direct final rule published at 82 FR 45187 on September 28, 2017 is withdrawn effective November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Sara Calcinore, (215) 814-2043, or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    On January 5, 2017, the Commonwealth of Virginia, through the Virginia Department of Environmental Quality (VADEQ), submitted a SIP revision (Revision D16) that requested removal from its SIP of Virginia Administrative Code regulations that implemented the CAIR annual nitrogen oxide (NOX), ozone season NOX, and annual sulfur dioxide (SO2) trading programs in Virginia. These regulations were replaced by trading programs under the CSAPR federal implementation plan (FIP) on January 1, 2015 (December 3, 2014, 79 FR 71663) and are therefore obsolete and moot.

    EPA had approved Virginia's SIP revision removing the CAIR annual NOX, ozone season NOX, and annual SO2 trading programs from the Virginia SIP in the DFR published on September 28, 2017 (82 FR 45187). In this DFR, we stated that if we received adverse comment by October 30, 2017, the rule would be withdrawn and not take effect. EPA subsequently received an adverse comment. On September 28, 2017 (82 FR 45187), EPA simultaneously proposed to approve these revisions to the Virginia SIP. EPA will address the comments received in a subsequent final action based upon this proposed action and will not institute a second comment period on this action.

    As a result of the comments received, EPA is withdrawing the DFR approving Virginia's SIP revision related to the removal of the CAIR annual NOX, ozone season NOX, and annual SO2 trading programs from the Virginia SIP.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur oxides.

    Dated: November 3, 2017. Cosmo Servidio, Regional Administrator, Region III. Accordingly, the amendments to 40 CFR 52.2420(c) published on September 28, 2017 (82 FR 45187), are withdrawn effective November 20, 2017.
    [FR Doc. 2017-25014 Filed 11-17-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R07-OAR-2017-0517; FRL 9971-05-Region 7] State of Iowa; Withdrawal of Direct Final Rule; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    Due to an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the direct final rule for “Approval of Implementation Plans; State of Iowa; Elements of the Infrastructure SIP Requirements for the 2012 Annual Fine Particulate Matter (PM2.5) National Ambient Air Quality Standard (NAAQS)” published in the Federal Register on September 29, 2017. Infrastructure SIPs address the applicable requirements of Clean Air Act (CAA) section 110, which requires that each state adopt and submit a SIP for the implementation, maintenance, and enforcement of each new or revised NAAQS promulgated by the EPA. These SIPs are commonly referred to as “infrastructure” SIPs. The infrastructure requirements are designed to ensure that the structural components of each state's air quality management program are adequate to meet the state's responsibilities under the CAA.

    DATES:

    The direct final rule published at 82 FR 45479, September 29, 2017, is withdrawn effective November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Heather Hamilton, Environmental Protection Agency, Air Planning and Development Branch, 11201 Renner Boulevard, Lenexa, Kansas 66219 at (913) 551-7039, or by email at [email protected].

    SUPPLEMENTARY INFORMATION:

    Due to an adverse comment, EPA is withdrawing the direct final rule to approve revisions to the Iowa State Implementation Plan (SIP). In the direct final rule published on September 29, 2017, (82 FR 45479), we stated that if we received adverse comment by October 30, 2017, the rule would be withdrawn and not take effect. EPA received an adverse comment. EPA will address the comment in a subsequent final action based upon the proposed action also published on September 29, 2017 (82 FR 45550). EPA will not institute a second comment period on this action.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Particulate matter, Reporting and recordkeeping requirements.

    Dated: November 9, 2017. Cathy Stepp, Acting Regional Administrator, Region 7. PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS Accordingly, the direct final rule published at 82 FR 45479, September 29, 2017, is withdrawn effective November 20, 2017.
    [FR Doc. 2017-25021 Filed 11-17-17; 8:45 am] BILLING CODE 6560-50-P
    LEGAL SERVICES CORPORATION 45 CFR Parts 1630 and 1631 [Docket No. LSC-2017-0028] Cost Standards and Procedures; Purchasing and Property Management; Correction AGENCY:

    Legal Services Corporation.

    ACTION:

    Final rule; correction.

    SUMMARY:

    The Legal Services Corporation (LSC) is correcting a final rule that appeared in the Federal Register on August 10, 2017. LSC's Property Acquisition and Management Manual (PAMM) and its cost standards rule required grantees to seek approval prior to making any real estate purchase with LSC funds, regardless of the purchase price. The final rule's language describing this longstanding policy was incorrect. This document corrects the language to remain consistent with LSC's current policy. The document also contained an incorrect cross-reference to another section. This document corrects the final rule by revising that cross-reference.

    DATES:

    Effective December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K St. NW., Washington, DC 20007; (202) 295-1563; [email protected].

    SUPPLEMENTARY INFORMATION:

    In FR Doc. 2017-16764 appearing on page 37327 of the Federal Register of Thursday, August 10, 2017, the following corrections are made:

    § 1630.6 [Corrected]
    1. On page 37339, in the third column, in § 1630.6, correct paragraph (b) by redesingnating paragraphs (b)(2) and (3) as paragraphs (b)(3) and (4), adding new paragraph (b)(2), and revising paragraph (b)(1). The correcting revision and addition read as follows:

    (b) Costs requiring prior approval. (1) Without LSC's prior written approval, a recipient may not expend $25,000 or more of LSC funds on any of the following:

    (i) A single purchase or single lease of personal property;

    (ii) A single contract for services;

    (iii) A single combined purchase or lease of personal property and contract for services; and

    (iv) Capital improvements.

    (2) Without LSC's prior written approval, a recipient may not expend LSC funds on a purchase of real estate.

    § 1631.3 [Corrected]
    2. On page 37342, in the first and second columns, in § 1631.3, paragraph (d)(2) is corrected to read: “(2) The recipient must provide LSC with a description of the exigent circumstances and the information described in § 1631.8(b) within 30 days after the circumstances necessitating the purchase or contract have ended.” Dated: November 14, 2017. Stefanie K. Davis, Assistant General Counsel.
    [FR Doc. 2017-25035 Filed 11-17-17; 8:45 am] BILLING CODE 7050-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF842 Fisheries of the Exclusive Economic Zone Off Alaska; Exchange of Flatfish in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; reallocation.

    SUMMARY:

    NMFS is exchanging allocations of Amendment 80 cooperative quota (CQ) for Amendment 80 acceptable biological catch (ABC) reserves. This action is necessary to allow the 2017 total allowable catch of flathead sole, rock sole, and yellowfin sole in the Bering Sea and Aleutian Islands management area to be harvested.

    DATES:

    Effective November 20, 2017, through December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands management area (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The 2017 flathead sole, rock sole, and yellowfin sole Amendment 80 allocations of the total allowable catch (TAC) specified in the BSAI are 8,949 metric tons (mt), 37,060 mt, and 114,871 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017). The 2017 flathead sole, rock sole, and yellowfin sole Amendment 80 ABC reserves are 48,024 mt, 96,444 mt, and 95,372 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017).

    The Alaska Seafood cooperative has requested that NMFS exchange 2,500 mt of rock sole Amendment 80 allocations of the TAC for 500 mt of flathead sole and 2,000 mt of yellowfin sole Amendment 80 ABC reserves under § 679.91(i). Therefore, in accordance with § 679.91(i), NMFS exchanges 2,500 mt of rock sole Amendment 80 allocations of the TAC for 500 mt of flathead sole and 2,000 mt of yellowfin sole Amendment 80 ABC reserves in the BSAI. This action also decreases and increases the TACs and Amendment 80 ABC reserves by the corresponding amounts. Tables 11 and 13 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) and as revised (82 FR 51168, November 3, 2017) are further revised as follows:

    Table 11—Final 2017 Community Development Quota (CDQ) Reserves, Incidental Catch Amounts (ICAs), and Amendment 80 Allocations of the Aleutian Islands Pacific Ocean Perch, and BSAI Flathead Sole, Rock Sole, and Yellowfin Sole TACs [Amounts are in metric tons] Sector Pacific ocean perch Eastern
  • Aleutian
  • district
  • Central
  • Aleutian
  • district
  • Western
  • Aleutian
  • district
  • Flathead sole BSAI Rock sole BSAI Yellowfin sole BSAI
    TAC 7,900 7,000 9,000 14,576 44,325 156,699 CDQ 845 749 963 1,128 4,765 17,177 ICA 100 60 10 4,000 5,000 4,500 BSAI trawl limited access 695 619 161 0 0 18,151 Amendment 80 6,259 5,572 7,866 9,449 34,560 116,871 Alaska Groundfish Cooperative 3,319 2,954 4,171 918 9,168 45,638 Alaska Seafood Cooperative 2,940 2,617 3,695 8,531 25,393 71,233 Note: Sector apportionments may not total precisely due to rounding.
    Table 13—Final 2017 and 2018 ABC Surplus, Community Development Quota (CDQ) ABC Reserves, and Amendment 80 ABC Reserves in the BSAI for Flathead Sole, Rock Sole, and Yellowfin Sole [Amounts are in metric tons] Sector 2017 Flathead sole 2017 Rock sole 2017 Yellowfin sole 2018 Flathead sole 2018 Rock sole 2018 Yellowfin sole ABC 68,278 155,100 260,800 66,164 143,100 250,800 TAC 14,576 44,325 156,699 14,500 47,100 154,000 ABC surplus 53,702 110,775 104,101 51,664 96,000 96,800 ABC reserve 53,702 110,775 104,101 51,664 96,000 96,800 CDQ ABC reserve 6,178 11,831 10,729 5,528 10,272 10,358 Amendment 80 ABC reserve 47,524 98,944 93,372 46,136 85,728 86,442 Alaska Groundfish Cooperative for 2017 1 4,926 23,857 37,891 n/a n/a n/a Alaska Seafood Cooperative for 2017 1 42,598 75,087 55,481 n/a n/a n/a 1 The 2018 allocations for Amendment 80 species between Amendment 80 cooperatives and the Amendment 80 limited access sector will not be known until eligible participants apply for participation in the program by November 1, 2017. Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the flatfish exchange by the Alaska Seafood cooperative the BSAI. Since these fisheries are currently open, it is important to immediately inform the industry as to the revised allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery, to allow the industry to plan for the fishing season, and to avoid potential disruption to the fishing fleet as well as processors. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 7, 2017.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 15, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-25121 Filed 11-15-17; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF838 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Ocean Perch in the Bering Sea and Aleutian Islands Management Area AGENCY:

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

    ACTION:

    Temporary rule; closure.

    SUMMARY:

    NMFS is prohibiting directed fishing for Pacific ocean perch in the Eastern Aleutian district (EAI) of the Bering Sea and Aleutian Islands management area (BSAI) by vessels participating in the BSAI trawl limited access fishery. This action is necessary to prevent exceeding the 2017 total allowable catch (TAC) of Pacific ocean perch in the EAI allocated to vessels participating in the BSAI trawl limited access fishery.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), November 15, 2017, through 2400 hrs, A.l.t., December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the BSAI exclusive economic zone according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR parts 600 and 679.

    The 2017 TAC of Pacific ocean perch, in the EAI, allocated to vessels participating in the BSAI trawl limited access fishery was established as a directed fishing allowance of 695 metric tons by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017).

    In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific ocean perch in the EAI by vessels participating in the BSAI trawl limited access fishery.

    After the effective dates of this closure, the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA, (AA) finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such a requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of the Pacific ocean perch directed fishery in the EAI for vessels participating in the BSAI trawl limited access fishery. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 14, 2017. The Acting AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 15, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-25093 Filed 11-15-17; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 160920866-7167-02] RIN 0648-XF786 Fisheries of the Exclusive Economic Zone Off Alaska; Chinook Salmon Prohibited Species Catch Limits in the Gulf of Alaska AGENCY:

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

    ACTION:

    Temporary rule; inseason adjustment.

    SUMMARY:

    NMFS is reapportioning the projected unused amount, 404 Chinook salmon prohibited species catch limit, from the vessels participating in directed fishing for pollock in the Central Regulatory area of the Gulf of Alaska (GOA) to vessels participating in directed fishing for pollock in the Western Regulatory area of the GOA. This action is necessary to provide opportunity for harvest of the 2017 pollock TAC, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Gulf of Alaska.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), November 15, 2017, until 2400 hours A.l.t., December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Josh Keaton, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council (Council) under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.

    The annual PSC limit of Chinook salmon vessels participating in directed fishing for pollock in the Central Regulatory area of the GOA is 18,316 Chinook salmon, in accordance with § 679.21(h)(4)(i)(A). The Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that the vessels participating in directed fishing for pollock in the Central Regulatory area of the GOA will not require 404 Chinook salmon of the Chinook salmon PSC limit allocated to those vessels under § 679.21(h)(4)(i)(A). Regulations at § 679.21(h)(5)(iii) allow the reapportionment of Chinook salmon PSC limits. Therefore, in accordance with § 679.21(h)(5)(iii) and taking into account the need of the sectors for Chinook salmon PSC, and following the limits set forth in § 679.21(h)(5)(iv)(A), NMFS reapportions 404 Chinook salmon to vessels participating in the directed fishery for pollock in the Western Regulatory area of the GOA.

    The 2017 Chinook salmon PSC limits are revised as follows: 17,912 Chinook salmon for vessels participating in directed fishing for pollock in the Central Regulatory area of the GOA (18,316 minus 404 Chinook salmon) and 7,088 Chinook salmon for vessels participating in the directed fishery for pollock in the Western Regulatory area of the GOA (6,684 plus 404 Chinook salmon).

    Classification

    This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would provide opportunity to harvest remaining pollock in the Western Regulatory area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of November 14, 2017.

    The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.

    This action is required by § 679.20 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: November 15, 2017. Emily H. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-25115 Filed 11-15-17; 4:15 pm] BILLING CODE 3510-22-P
    82 222 Monday, November 20, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1026; Product Identifier 2017-NM-097-AD] RIN 2120-AA64 Airworthiness Directives; The Boeing Company Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. This proposed AD was prompted by fuel system reviews conducted by the manufacturer. This proposed AD would require revising the maintenance or inspection program to include new airworthiness limitations. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 4, 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: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    For service information identified in this NPRM, contact 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-2017-1026.

    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-2017-1026; 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 NPRM, 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:

    Christopher Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6498; fax: 425-917-6590; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposal. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-1026; Product Identifier 2017-NM-097-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    The FAA has examined the underlying safety issues involved in fuel tank explosions on several large transport airplanes, including the adequacy of existing regulations, the service history of airplanes subject to those regulations, and existing maintenance practices for fuel tank systems. As a result of those findings, we issued a final rule titled “Transport Airplane Fuel Tank System Design Review, Flammability Reduction and Maintenance and Inspection Requirements” (66 FR 23086, May 7, 2001). In addition to new airworthiness standards for transport airplanes and new maintenance requirements, that rule included Amendment 21-78, which established Special Federal Aviation Regulation No. 88 (“SFAR 88”) at 14 CFR part 21. Subsequently, SFAR 88 was amended by Amendment 21-82 (67 FR 57490, September 20, 2002; corrected at 67 FR 70809, November 26, 2002) and Amendment 21-83 (67 FR 72830, December 9, 2002; corrected at 68 FR 37735, June 25, 2003, to change “21-82” to “21-83”).

    Among other actions, SFAR 88 requires certain type design (i.e., type certificate (TC) and supplemental type certificate (STC)) holders to substantiate that their fuel tank systems can prevent ignition sources in the fuel tanks. This requirement applies to type design holders for large turbine-powered transport airplanes and for subsequent modifications to those airplanes. It requires them to perform design reviews and to develop design changes and maintenance procedures if their designs do not meet the new fuel tank safety standards. As explained in the preamble to the rule, we intended to adopt ADs to mandate any changes found necessary to address unsafe conditions identified as a result of these reviews.

    In evaluating these design reviews, we have established four criteria intended to define the unsafe conditions associated with fuel tank systems that require corrective actions. The percentage of operating time during which fuel tanks are exposed to flammable conditions is one of these criteria. The other three criteria address the failure types under evaluation: single failures, single failures in combination with another latent condition(s), and in-service failure experience. For all four criteria, the evaluations included consideration of previous actions taken that may mitigate the need for further action.

    This proposed AD was prompted by fuel system reviews conducted by the manufacturer. We are proposing this AD to detect and correct potential ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016, which addresses fuel tank systems and impact-resistant fuel tank access doors. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require revising the maintenance or inspection program to add airworthiness limitations specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. For information on the procedures and compliance times, see this service information at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1026.

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

    Related Rulemaking

    AD 2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December 28, 2009) (“AD 2008-04-11 R1”), applies to all The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. AD 2008-04-11 R1 requires revisions to certain operator maintenance documents to include new inspections. Accomplishing the actions specified in this proposed AD would terminate all requirements of AD 2008-04-11 R1.

    AD 2013-24-07, Amendment 39-17681 (78 FR 72550, December 3, 2013) (“AD 2013-24-07”), applies to all The Boeing Company Model 707 airplanes, and Model 720 and 720B series airplanes. AD 2013-24-07 requires an inspection of the left- and right-hand wing fuel tank access doors to determine that impact-resistant access doors are installed in the correct locations, and to replace any door with an impact-resistant access door if necessary; an inspection for stencils and index markers on impact-resistant access doors, and application of new stencils or index markers if necessary; and revision of the maintenance program to incorporate changes to the airworthiness limitations section. Accomplishing the actions specified in this proposed AD would terminate the requirements of paragraph (h) of AD 2013-24-07.

    Costs of Compliance

    We estimate that this proposed AD affects 9 airplanes of U.S. registry. We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Revise the Maintenance or Inspection Program 1 work-hour × $85 per hour = $85 $0 $85 $765
    Authority for This Rulemaking

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

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

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

    For the reasons discussed above, I certify this proposed regulation:

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): The Boeing Company: Docket No. FAA-2017-1026; Product Identifier 2017-NM-097-AD. (a) Comments Due Date

    We must receive comments by January 4, 2018.

    (b) Affected ADs

    This AD affects the ADs specified in paragraphs (b)(1) and (b)(2) of this AD.

    (1) AD 2008-04-11 R1, Amendment 39-16147 (74 FR 68505, December 28, 2009) (“AD 2008-04-11 R1”).

    (2) AD 2013-24-07, Amendment 39-17681 (78 FR 72550, December 3, 2013) (“AD 2013-24-07”).

    (c) Applicability

    This AD applies to all The Boeing Company airplanes, certificated in any category, identified in paragraphs (c)(1) and (c)(2) of this AD.

    (1) Model 707-100 long body, -200, -100B long body, and -100B short body, -300, -300B, -300C, and -400 series airplanes.

    (2) Model 720 and 720B series airplanes.

    (d) Subject

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

    (e) Unsafe Condition

    This AD was prompted by fuel system reviews conducted by the manufacturer. We are issuing this AD to detect and correct potential ignition sources inside fuel tanks caused by latent failures, alterations, repairs, or maintenance actions, which, in combination with flammable fuel vapors, could result in fuel tank explosions and consequent loss of the airplane.

    (f) Compliance

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

    (g) Revision of Maintenance or Inspection Program

    Within 60 days after the effective date of this AD, revise the maintenance or inspection program, as applicable, to incorporate the information in Section A, including Subsections A.1, A.2, and Appendix 1, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016; except as provided in paragraph (h) of this AD. The initial compliance times for the AWL tasks are within the applicable compliance times specified in paragraphs (g)(1) through (g)(5) of this AD.

    (1) AWL No. 28-AWL-01, External Wires Over Center Fuel Tank, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial compliance time for accomplishment of the actions specified by AWL No. 28-AWL-01 is specified in paragraph (g)(1)(i) or (g)(1)(ii) of this AD, as applicable.

    (i) For airplanes that have been previously inspected as specified in 28-AWL-01 as of the effective date of this AD: Conduct the inspection within 120 months after the most recent inspection.

    (ii) For airplanes that have not been inspected as specified in 28-AWL-01: Conduct the inspection within 12 months after the effective date of this AD.

    (2) AWL No. 28-AWL-18, AC Fuel Boost Pump Bonding Installation, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial compliance time for accomplishment of the actions specified by AWL No. 28-AWL-18 is specified in paragraph (g)(2)(i) or (g)(2)(ii) of this AD, as applicable.

    (i) For airplanes that have been previously inspected as specified in 28-AWL-18 as of the effective date of this AD: Conduct the inspection within 72 months after the most recent inspection.

    (ii) For airplanes that have not been inspected as specified in 28-AWL-18 as of the effective date of this AD: Conduct the inspection within 12 months after the effective date of this AD.

    (3) AWL No. 28-AWL-19, Fuel Valve Bonding Jumper Installation—Engine Fuel Shutoff, Defuel, Reserve Tank Transfer, Fuel Dump, and Fuel Manifold Valves, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial compliance time for accomplishment of the actions specified by AWL No. 28-AWL-19 is specified in paragraph (g)(3)(i) or (g)(3)(ii) of this AD, as applicable.

    (i) For airplanes that have been previously inspected as specified in 28-AWL-19 as of the effective date of this AD: Conduct the inspection within 72 months after the most recent inspection.

    (ii) For airplanes that have not been inspected as specified in 28-AWL-19 as of the effective date of this AD: Conduct the inspection within 12 months after the effective date of this AD.

    (4) AWL No. 28-AWL-21, Dry Bay Fuel Manifold Assembly—Bonding Jumper Installation, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial compliance time for accomplishment of the actions specified by AWL No. 28-AWL-21 is specified in paragraph (g)(4)(i) or (g)(4)(ii) of this AD, as applicable.

    (i) For airplanes that have been previously inspected as specified in 28-AWL-21 as of the effective date of this AD: Conduct the inspection within 72 months after the most recent inspection.

    (ii) For airplanes that have not been inspected as specified in 28-AWL-21 as of the effective date of this AD: Conduct the inspection within 12 months after the effective date of this AD.

    (5) AWL No. 28-AWL-23, Reserve Tank Transfer Piping Assembly—Bonding Jumper Installation, as specified in Boeing 707/720 Airworthiness Limitations (AWLs), D6-7552-AWL, dated October 2016. The initial compliance time for accomplishment of the actions specified by AWL No. 28-AWL-23 is specified in paragraph (g)(5)(i) or (g)(5)(ii) of this AD, as applicable.

    (i) For airplanes that have been previously inspected as specified in 28-AWL-23 as of the effective date of this AD: Conduct the inspection within 72 months after the most recent inspection.

    (ii) For airplanes that have not been inspected as specified in 28-AWL-23 as of the effective date of this AD: Conduct the inspection within 12 months after the effective date of this AD.

    (h) Additional Acceptable Wire Types and Sleeving

    (1) Where AWL No. 28-AWL-03 identifies wire types BMS 13-48, BMS 13-58, and BMS 13-60, the following wire types are also acceptable: MIL-W-22759/16, MIL-W-22759/32, MIL-W-22759/34, MIL-W-22759/41, MIL-W-22759/86, MIL-W-22759/87, and MIL-W-22759/92; and MIL-C-27500 cables, which are constructed from the MIL Specification wire types identified in this paragraph.

    (2) Where AWL No. 28-AWL-03 identifies TFE-2X Standard wall for wire sleeving, the following sleeving materials are also acceptable: Roundit 2000NX and Varglas Type HO, HP, or HM.

    (i) No Alternative Actions and Intervals

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

    (j) Terminating Action for Other ADs

    (1) Accomplishment of the actions required by paragraph (g) of this AD terminates all requirements of AD 2008-04-11 R1 for that airplane.

    (2) Accomplishment of the actions required by paragraph (g) of this AD terminates the requirements of paragraph (h) of AD 2013-24-07 for that airplane.

    (k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Seattle 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 (l)(1) 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, Seattle 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.

    (l) Related Information

    (1) For more information about this AD, contact Christopher Baker, Aerospace Engineer, Propulsion Section, FAA, Seattle ACO Branch, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6498; fax: 425-917-6590; email: [email protected]

    (2) 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. 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.

    Issued in Renton, Washington, on November 8, 2017. Dionne Palermo, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-24813 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2014-0839; Airspace Docket No. 14-AEA-7] Proposed Amendment of Class E Airspace, Selinsgrove, PA AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E airspace extending upward from 700 feet above the surface in Selinsgrove, PA. A new area navigation (RNAV) global positioning system (GPS) standard instrument approach procedure has been developed at Penn Valley Airport, requiring airspace reconfiguration. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also would update the geographic coordinates of the airport.

    DATES:

    Comments must be received on or before January 4, 2018.

    ADDRESSES:

    Send comments on this proposal to: U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify the Docket No. FAA-2014-0839; Airspace Docket No. 14-AEA-7, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov.

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

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

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

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

    Comments Invited

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

    Communications should identify both docket numbers and be submitted in triplicate to the address listed above. You may also submit comments through the Internet at http://www.regulations.gov.

    Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2014-0839; Airspace Docket No. 14-AEA-7.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except federal holidays at the office of the Eastern Service Center, Federal Aviation Administration, Room 350, 1701 Columbia Avenue, College Park, GA 30337.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to amend Class E airspace extending upward from 700 feet or more above the surface from an 8-mile radius to a 9-mile radius of Penn Valley Airport, Selinsgrove, PA because a new RNAV (GPS) standard instrument approach procedure to Runway 35 has been developed for the safety and management of IFR operations at the airport.

    The proposed amendment would remove the segment extending northbound from Selinsgrove VOR/DME, northbound, would be removed because it is no longer required as part of the airspace redesign. Additionally, the amendment would update the geographic coordinates of the airport to coincide with the FAAs aeronautical database, and would correct the name of the navigation aid from VORTAC to VOR/DME.

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

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AEA PA E5 Selinsgrove, PA [Amended] Penn Valley Airport, PA (Lat. 40°49′16″ N., long. 76°51′51″ W.) Selinsgrove, VOR/DME (Lat. 40°47′27″ N., long. 76°53′03″ W.)

    That airspace extending upward from 700 feet above the surface within a 9-mile radius of Penn Valley Airport and within 5 miles southeast of the Selinsgrove VOR/DME 207° radial, extending from the 9-mile radius to 10 miles southwest of the VOR/DME.

    Issued in College Park, Georgia, on November 8, 2017. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2017-24870 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0878; Airspace Docket No. 17-AEA-14] Proposed Amendment of Class E Airspace, Moundsville, WV AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to amend Class E airspace extending upward from 700 feet or more above the surface at Marshall County Airport, Moundsville, WV, due to the FAA's reevaluation of the airspace. This amendment would result in an increase from a 6.2-mile radius to a 7.3-mile radius of the airport. Controlled airspace is necessary for the safety and management of instrument flight rules (IFR) operations at the airport. This action also would update the geographic coordinates of the airport.

    DATES:

    Comments must be received on or before January 4, 2018.

    ADDRESSES:

    Send comments on this proposal to: U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Bldg Ground Floor Rm W12-140, Washington, DC 20590; Telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify the Docket No. FAA-2017-0878; Airspace Docket No. 17-AEA-14, at the beginning of your comments. You may also submit and review received comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays.

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

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

    FOR FURTHER INFORMATION CONTACT:

    John Fornito, Operations Support Group, Eastern Service Center, Federal Aviation Administration, P.O. Box 20636, Atlanta, Georgia 30320; telephone (404) 305-6364.

    SUPPLEMENTARY INFORMATION:

    Authority for This Rulemaking

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

    Comments Invited

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

    Communications should identify both docket numbers and be submitted in triplicate to the address listed above. You may also submit comments through the Internet at http://www.regulations.gov.

    Persons wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2017-0878; Airspace Docket No. 17-AEA-14.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined between 8:00 a.m. and 4:30 p.m., Monday through Friday, except federal holidays at the office of the Eastern Service Center, Federal Aviation Administration, room 350, 1701 Columbia Avenue, College Park, GA 30337.

    Availability and Summary of Documents for Incorporation by Reference

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

    The Proposal

    The FAA is considering an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to amend Class E airspace extending upward from 700 feet or more above the surface at Marshall County Airport, Moundsville, WV, to within a 7.3-mile radius (increased from a 6.2-mile radius) of the airport. This proposal would also amend the 12-mile segment northeast of the airport extending from the 7.3-mile radius (increased from a 6.2-mile radius) of the airport. This action is necessary for continued safety and management of IFR operations at the airport. This action also would adjust the geographic coordinates of the airport to coincide with the FAA's aeronautical database.

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

    Regulatory Notices and Analyses

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

    Environmental Review

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

    Lists of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of Federal Aviation Administration Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AEA WV E5 Moundsville, WV [Amended] Marshall County Airport, WV (Lat. 39°52′51″ N., long. 80°44′09″ W.)

    That airspace extending upward from 700 feet above the surface within a 7.3-mile radius of Marshall County Airport, and within 2 miles each side of a 051° bearing from the airport, extending from the 7.3-mile radius to 12 miles northeast of the airport.

    Issued in College Park, Georgia, on November 8, 2017. Ryan W. Almasy, Manager, Operations Support Group, Eastern Service Center, Air Traffic Organization.
    [FR Doc. 2017-24869 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0342; Airspace Docket No. 17-AGL-6] Proposed Amendment of Class E Airspace for the Following Ohio Towns; Millersburg, OH and Coshocton, OH AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify Class E airspace extending upward from 700 feet above the surface at Holmes County Airport, Millersburg, OH; and at Richard Downing Airport, Coshocton, OH due to the decommissioning of Tiverton VHF Omnidirectional Range (VOR) and Distance Measuring Equipment (DME), cancellation of the VOR approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of instrument flight rules (IFR) operations at these airports. Additionally, the geographic coordinates at Richard Downing Airport and Holmes County Airport would be adjusted to coincide with the FAA's aeronautical database.

    DATES:

    Comments must be received on or before January 4, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9826, or 1-800-647-5527. You must identify FAA Docket No. FAA-2017-0342; Airspace Docket No. 17-AGL-6, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Walter Tweedy, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX, 76177; telephone (817) 222-5900.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Commenters wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2017-0342/Airspace Docket No. 17-AGL-6.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

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

    Availability and Summary of Documents for Incorporation by Reference

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

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by modifying Class E airspace extending upward from 700 feet above the surface within a 6.5-mile radius (reduced from a 6.7-mile radius) of the Holmes County Airport, Millersburg, OH. The segment within 2.7 miles either side of the 085° bearing from the airport, extending from the 6.7-mile radius to 10.5 miles east of the airport, and within 1.8 miles either side of the 236° bearing from the airport, extending from the 6.7-mile radius to 8 miles southwest of the airport would be removed and updating the geographic coordinates of Holmes County Airport to coincide with the FAA's aeronautical database.

    This action also proposes to modify Class E airspace extending upward from 700 feet above the surface within a 6.5-mile radius (increased from a 6.3-mile radius) of Richard Downing Airport, Coshocton, OH, with a segment within 2.0 miles (reduced from 4- miles) either side of the 037° bearing from the airport extending from the 6.5-mile radius to 8.6 miles (reduced from a 10- miles) northeast of the airport, and updating the geographic coordinates of Richard Downing Airport to coincide with the FAA's aeronautical database.

    Airspace reconfiguration is necessary due to the decommissioning of the Tiverton VOR/DME, cancellation of VOR approaches, and implementation of RNAV procedures at these airports. Controlled airspace is necessary for the safety and management of standard instrument approach procedures for IFR operations at these airports.

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

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

    Accordingly, pursuant to the authority delegated to me, the Federal Aviation Administration proposes to amend 14 CFR part 71 as follows:

    PART 71—DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR TRAFFIC SERVICE ROUTES; AND REPORTING POINTS 1. The authority citation for 14 CFR part 71 continues to read as follows: Authority:

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11B, Airspace Designations and Reporting Points, dated August 3, 2017, and effective September 15, 2017, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AGL OH E5 Millersburg, OH [Amended] Millersburg, Holmes County Airport, OH (Lat. 40°32′12″ N., long. 81°57′21″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of the Holmes County Airport.

    AGL OH E5 Coshocton, OH [Amended] Richard Downing Airport, OH (Lat. 40°18′37″ N., long. 81°51′09″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Richard Downing Airport and within 2.0 miles either side of the 037° bearing from the airport extending from the 6.5-mile radius to 8.6 miles northeast of the airport.

    Issued in Fort Worth, Texas, on November 8, 2017. Wayne Eckenrode, Acting Manager, Operations Support Group, ATO Central Service Center.
    [FR Doc. 2017-24851 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    NATIONAL INDIAN GAMING COMMISSION 25 CFR Part 514 Fees; Correction AGENCY:

    National Indian Gaming Commission.

    ACTION:

    Proposed rule; correction.

    SUMMARY:

    On November 13, 2017, the National Indian Gaming Commission published a notice of proposed rulemaking (NPR) regarding fees. The NPR invited the public to submit written comments during a 45-day comment period beginning on the NPR publication date. This document corrects the preamble to reflect the intended 30-day comment period.

    DATES:

    November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Austin Badger, National Indian Gaming Commission; Telephone: 202-632-7003.

    SUPPLEMENTARY INFORMATION:

    In the proposed rule FR Doc. 2017-24363, published on November 13, 2017, the following correction is made:

    On page 52253, in the third column, correct the DATES section to read as follows:

    Dates: The agency must receive comments on or before December 13, 2017.

    Dated: November 13, 2017. Jonodev O. Chaudhuri, Chairman. Kathryn Isom-Clause, Vice Chair. E. Sequoyah Simermeyer, Associate Commissioner.
    [FR Doc. 2017-25046 Filed 11-17-17; 8:45 am] BILLING CODE P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R06-OAR-2017-0435; FRL-9970-19-Region 6] Approval and Promulgation of Air Quality Implementation Plans; Arkansas; Infrastructure State Implementation Plan Requirements for the National Ambient Air Quality Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to approve State Implementation Plan (SIP) revisions submitted by the State of Arkansas to address the requirements of section 110(a)(1) and (2) of the Clean Air Act (CAA or Act) for the 2006 and 2012 fine particulate matter (PM2.5) National Ambient Air Quality Standards (NAAQS), 2008 lead (Pb) NAAQS, 2008 ozone (O3) NAAQS, 2010 nitrogen dioxide (NO2) NAAQS, and the 2010 sulfur dioxide (SO2) NAAQS. Under CAA sections 110(a)(1) and 110(a)(2), each state is required to submit a SIP that provides for the implementation, maintenance, and enforcement of a revised primary or secondary NAAQS. CAA section 110(a)(1) and (2) require each state to make a new SIP submission within three years after EPA promulgates a new or revised NAAQS for approval into the existing SIP to assure that the SIP meets the applicable requirements for such new and revised NAAQS. This type of SIP submission is commonly referred to as an “infrastructure SIP or “i-SIP.” We propose approval of this action under Section 110 of the Act.

    DATES:

    Written comments must be received on or before December 20, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket No. EPA-R06-OAR-2017-0435, at http://www.regulations.gov or via email to [email protected] Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, please contact Ms. Nevine Salem, (214) 665-7222, [email protected] 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.

    Docket: The index to the docket for this action is available electronically at www.regulations.gov and in hard copy at EPA Region 6, 1445 Ross Avenue, Suite 700, Dallas, Texas. While all documents in the docket are listed in the index, some information may be publicly available only at the hard copy location (e.g., copyrighted material), and some may not be publicly available at either location (e.g., CBI).

    FOR FURTHER INFORMATION CONTACT:

    Nevine Salem, (214) 665-7222, [email protected] To inspect the hard copy materials, please schedule an appointment with her or Bill Deese at (214) 665-7253.

    SUPPLEMENTARY INFORMATION:

    Throughout this document “we,” “us,” or “our” mean EPA.

    I. Background

    The EPA has revised certain NAAQS that are the subject of this SIP revision proposal action. In 2006, following a periodic review of the NAAQS for PM2.5, EPA revised the PM2.5 NAAQS to 35 micrograms per cubic meter (μg/m3), and the annual standard was retained at 15 μg/m3. 71 FR 61144 (October 17, 2006). In 2012, we promulgated a final rule to address revised primary annual PM2.5 NAAQS. 78 FR 3086 (January 15, 2013). The primary annual standard was revised to 12.0 μg/m3, and we retained the 24-hour PM2.5 standards of 35 μg/m3. In 2008, following a periodic review of the NAAQS for Pb, we revised the NAAQS to 0.15 μg/m3 for both the primary and secondary standards. 73 FR 66964 (November 12, 2008). In March 2008, following a periodic review, EPA revised the primary and secondary O3 NAAQS. 73 FR 16436 (March 27, 2008) to establish a new primary standard of 0.075 parts per million (ppm), expressed to three decimal places, based on a 3-year average of the fourth-highest maximum 8-hour average concentration, and revised the current 8-hour standard by making it identical to the revised primary standard.

    Likewise, in 2010, EPA revised the primary national ambient air quality standard for oxides of nitrogen as measured by nitrogen dioxide (NO2), for the 1-hour standard at a level of 100 ppb, based on the 3-year average of the 98th percentile of the yearly distribution of 1-hour daily maximum concentrations, to supplement the existing annual standard. 75 FR 6474 (February 9, 2010). In that same action, EPA also established requirements for a NO2 monitoring network that includes monitors at locations where maximum NO2 concentrations are expected to occur, including within 50 meters of major roadways, as well as monitors sited to measure the area-wide NO2 concentrations that occur more broadly across communities. 75 FR 6474.

    Additionally, in June 2010, the EPA revised the primary SO2 NAAQS to establish a new 1-hour standard, with a level of 75 ppb, based on the 3-year average of the annual 99th percentile of 1-hour daily maximum concentrations. 75 FR 35520 (June 22, 2010).

    Pursuant to section 110(a)(1) of the CAA, states are required to submit i-SIPs that provide for the implementation, maintenance and enforcement of a new or revised SAAQS within 3 years following the promulgation of such new or revised NAAQS. Section 110(a)(2) lists specific requirements that that i-SIPs must include to adequately address such new or revised NAAQS, as applicable.

    On March 24, 2017, the Arkansas Department of Environmental Quality (ADEQ) submitted SIP revisions to address all of the revised NAAQS as required by i-SIP requirements. Each state must submit an i-SIP within three years after the promulgation of a new or revised NAAQS. Section 110(a)(2) of the CAA includes a list of specific elements the i-SIP must meet. In an effort to assist states in complying with this requirement, EPA issued guidance addressing the i-SIP elements for the NAAQS.1 Our technical evaluation of the Arkansas March, 24, 2017 i-SIP submittal is provided in the Technical Support Document (TSD), which is in the docket for this rulemaking.2

    1 “Guidance on Infrastructure State Implementation Plan (SIP) Elements under Clean Air Act sections 110(a)(1) and 110(a)(2),” Memorandum from Stephen D. Page, September 13, 2013.

    2 Please see our Technical Support Document (TSD) included in the docket to this action for additional information on the following: The history of the NAAQS pollutants, their levels, forms and, determination of compliance; EPA's approach for reviewing i-SIPs; the details of the SIP submittal and EPA's evaluation thereof; the effect of recent court decisions on i-SIPs; the statutory and regulatory citations in the Arkansas SIP specific to this i-SIP review; citation to the specific i-SIP provisions applicable under CAA and EPA regulations; our Federal Register actions on the Arkansas minor New Source Review program and EPA approval activities; as well as the Arkansas Prevention of Significant Deterioration (PSD) program.

    EPA is proposing to approve the Arkansas i-SIP submittal except for certain portions 3 of the SIP pertaining to CAA section 110(a)(2)(D)(i)(I) for interstate transport 4 for the 2008 ozone,5 2010 SO2, and the 2012 PM2.5 submittal(s) that pertain to significant contribution to nonattainment or interference with maintenance of the NAAQS in other states, and CAA section 110(a)(2)(D)(i)(II) for 2006 and 2012 PM2.5, 2008 O3, 2010 NO2 and 2010 SO2 NAAQS pertaining to the visibility protection requirements. EPA will take action in separate, future rule making(s) for the portions of the 2008 ozone, 2010 SO2, and the 2012 PM2.5 submittal(s) that pertain to significant contribution to nonattainment or interference with maintenance of the NAAQS in other states and the portions which will interfere with visibility protection measures in other states for the 2012 PM2.5, 2008 O3, and 2010 SO2 NAAQS. EPA is proposing to approve the remainder of the Arkansas i-SIP submittal for the 2006 PM2.5; 2008 Pb; 2008 O3, 2010 NO2, 2010 SO2, 2012 PM2.5 for i-SIP purposes.6

    3 The exceptions are: (1) The portions of the 2008 ozone NAAQS submittal that pertain to interstate transport of Arkansas emissions which will significantly contribute to nonattainment of the NAAQS in other states, (2) the portions of the 2010 SO2 NAAQS submittal that pertain to interstate transport of Arkansas emissions to other states, and (3) the portions of the submittal that pertain to interstate transport of Arkansas emissions which will interfere with visibility protection measures in other states for the 2012 PM2.5, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS. We will take future, separate action(s) on the portions of the 2008 ozone, 2012 PM2.5, and 2010 SO2 NAAQS submittal that pertain to significant contribution to nonattainment or interference with maintenance of the NAAQS in other states.

    4 An important aspect of the SIP is to ensure that emissions from within the state do not have certain prohibited impacts upon the ambient air in other states through the interstate transport of pollutants. This SIP requirement is specified in section 110(a)(2)(D) of the CAA. Pursuant to 110(a)(2)(D), each state's SIP must contain provisions adequate to prevent, among other things, emissions that interfere with measures required to be included in the SIP of any other state to prevent significant deterioration of air quality in any other state. Each federally-approved SIP protects air quality primarily by addressing air pollution at its point of origin.

    5 CAA Section 110(a)(2)(D)(i)(I), which addresses the contribution to nonattainment and interference with maintenance of the 2008 Ozone NAAQS in other states was not included in this SIP submittal.

    6 See section III and Table I that follow (below) for more details on EPA's proposed actions in this rule making.

    II. EPA's Evaluation of Arkansas' NAAQS Infrastructure Submission

    The State's submittal on March 24, 2017 demonstrates how the existing Arkansas SIP meets the infrastructure requirements for 2006 PM2.5, 2008 Pb; 2008 O3, 2010 NO2, 2010 SO2 and, 2012 PM2.5. Below is a summary of EPA's evaluation of the Arkansas i-SIP for each applicable element of CAA 110(a)(2) A-M. More detailed information can be found in our TSD that is in the docket to this rulemaking action.

    (A) Emission limits and other control measures: The CAA § 110(a)(2)(A) requires the SIP to include enforceable emission limits and other control measures, means or techniques (including economic incentives such as fees, marketable permits, and auctions of emissions rights), as well as schedules and timetables for compliance, as may be necessary or appropriate to meet the applicable requirements of the Act and other related matters as needed to implement, maintain and enforce each of the NAAQS.7 The State of Arkansas provided information to show that Arkansas's SIP contains enforceable emission limitations and other control measures requirements. The relevant provisions to address such requirements are a part of the Arkansas Water and Air Pollution Control Act (AWAPCA), Arkansas Code Annotated (“Ark. Code Ann.”) § 8-4-101 et seq., and those provisions of the Arkansas Pollution Control & Ecology Commission (APC&EC) Regulation 19, codified in 40 CFR. 52.170. The regulations in APC& EC Regulation 19 have been duly adopted by the State and where these provisions relate to CAA section 110 requirements, SIP revisions have been submitted to and approved by EPA. The EPA-approved SIP revisions are codified at 40 CFR part 52, subpart E. Arkansas has an EPA-approved air permitting program for both major and minor facilities, which ensures that all applicable requirements are included in any applicable facility permit. A detailed list of the applicable authorities and regulations is provided in the TSD in the docket to this action. Arkansas' SIP contains enforceable emission limits and other control measures, which are also in the federally enforceable SIP. EPA is therefore proposing to find that the Arkansas SIP meets the requirements of section 110(a)(2)(A) of the Act with respect to 2012 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS.

    7 We note that the specific nonattainment area plan requirements of CAA section 110(a)(2)(I) are subject to the timing requirements of CAA section 172, not the timing requirement of CAA section 110(a)(1). Thus, CAA section 110(a)(2)(A) does not require that states submit regulations or emissions limits specifically for attaining the 2006 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 2010 SO2 or 2012 PM2.5 NAAQS. Those SIP provisions are due as part of each state's attainment plan, and will be addressed separately from the requirements of CAA section 110(a)(2)(A). See 73 FR 16025, 16206 (March 27, 2008). In the context of an infrastructure SIP, EPA is not evaluating the existing SIP provisions for this purpose. Instead, EPA is only evaluating whether the state's SIP has basic structural provisions for the implementation of the NAAQS to meet i-SIP requirements.

    (B) Ambient air quality monitoring/data system: Section 110(a)(2)(B) of the CAA requires SIPs to include provisions for establishment and operation of ambient air quality monitors, collecting and analyzing ambient air quality data, and making these data available to EPA upon request. The SIP-approved APC&EC Regulation 19, Chapter 3 provides ADEQ with the responsibility to conduct ambient air monitoring in any area of the State that can be expected to be in excess of the NAAQS. 65 FR 61103 (October 16, 2000). Arkansas' Statewide Air Quality Surveillance Network was approved by EPA on August 6, 1981 (46 FR 40005), and consists of stations that measure ambient concentrations of the six criteria pollutants. The ADEQ operates and maintains a statewide network of air quality monitors—data are collected, results are quality assured, and the data are submitted to EPA's Air Quality System 8 on a regular basis. Regulation 19, Chapters 3 and Chapter 7 provide ADEQ with the authority to collect air quality monitoring data, quality-assure the results, and report the data. ADEQ maintains and operates a monitoring network to measure levels of the pollutants in accordance with EPA regulations specifying siting and monitoring requirements. All monitoring data is measured using EPA approved methods 9 and subject to the EPA quality assurance requirements. 10 ADEQ submits all required data to EPA, pursuant to EPA regulations as specified in 40 CFR part 58. The monitoring network was approved into the SIP and it undergoes annual review by EPA.11 The ADEQ Web site provides the monitor locations and posts past and current concentrations of criteria pollutants measured in the State's network of monitors.12 Additional details of the applicable authorities and regulations are provided in the TSD in the docket to this action.

    8 A copy of the 2015-2016 Annual Air Monitoring Network Plan and EPA's approval letter are included in the docket for this proposed rulemaking.

    9 See Appendix C to 40 CFR Part 58—Ambient Air Quality Monitoring Methodology.

    10 See Appendix A to 40 CFR Part 58—Quality Assurance Requirements for Monitors used in Evaluations of National Ambient Air Quality Standards.

    11 A copy of the 2015-2016 Annual Air Monitoring Network Plan and EPA's approval letter are included in the docket for this proposed rulemaking.

    12 See https://www.adeq.state.ar.us/air/planning/monitoring.aspx.

    In summary, Arkansas meets the requirement to establish, operate, and maintain an ambient air monitoring network; collect and analyze the monitoring data; and make the data available to EPA upon request. EPA is proposing to find that the current Arkansas SIP meets the requirements of section 110(a)(2)(B) with respect to 2006 and 2012 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS.

    (C) Program for enforcement of control measures: The CAA § 110(a)(2)(C) requires SIPs to include the following three elements: (1) A program providing for enforcement of the measures in paragraph A above; (2) a program for the regulation of the modification and construction of stationary sources as necessary to protect the applicable NAAQS (i.e., state-wide permitting of minor sources); and (3) a permit program to meet the major source permitting requirements of the CAA (for areas designated as attainment or unclassifiable for the NAAQS in question).13

    13 Please see the TSD for further detail.

    (1) Enforcement of SIP Measures. As discussed previously, the Arkansas Water and Air Pollution Control Act (AWAPCA) provides the ADEQ with authority to enforce the State's environmental quality rules. The ADEQ established rules governing emissions of the NAAQS and their precursors throughout the state, and these rules are in the federally-enforceable SIP. The rules in Regulation 19, Chapters 1, 3-5, 7-10, 13 and 14; Regulation 26, Chapters 3 and Regulation 31, Chapters 1, 3, 4 and 8 include allowable rates, compliance, control plan requirements, actual and allowable emissions, monitoring and testing requirements, recordkeeping and reporting requirements, and control schedules.

    These rules clarify the boundaries beyond which regulated entities in Arkansas can expect enforcement action. To meet the CAA requirement for having a program for the regulation of the modification and construction of any stationary source within the areas covered by the plan as necessary to assure that national ambient air quality standards are achieved—including a permit program as required by Parts C and D—generally, the State is required to have SIP-approved PSD, Nonattainment, and Minor New Source Review permitting programs adequate to implement the 2006 and 2012 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS. As explained in footnote 7 above, we are not evaluating nonattainment-related provisions—such as the Nonattainment NSR program required by part D in 110(a)(2)(C) and measures for attainment required by section 110(a)(2)(I), as part of the infrastructure SIPs for these NAAQS—because these submittals are required beyond the date (3 years from NAAQS promulgation) that CAA section 110 infrastructure submittals are required.

    (2) Minor New Source Review. Section 110(a)(2)(C) also requires that the SIP include measures to regulate construction and modification of stationary sources to protect the NAAQS. The Arkansas minor NSR permitting requirements are approved as part of the SIP.14 Arkansas' minor source permitting requirements are contained at APC&EC Regulation 19, Chapter 4 and revisions to the rule were previously approved by EPA at 72 FR 18394 (April 12, 2007).15 The SIP continues to require preconstruction permits for minor sources and minor modifications.

    14 The EPA is not proposing to approve or disapprove the existing Arkansas minor NSR program to the extent that it may be inconsistent with the EPA's regulations governing this program. The EPA has maintained that the CAA does not require that new infrastructure SIP submissions correct any defects in existing EPA-approved provisions of minor NSR programs in order for the EPA to approve the infrastructure SIP for element C (e.g., 76 FR 41076-41079). The EPA believes that a number of states may have minor NSR provisions that are contrary to the existing EPA regulations for this program. The statutory requirements of section 110(a)(2)(C) provide for considerable flexibility in designing minor NSR programs.

    15 The EPA has since proposed approval of revisions to the State's minor NSR rules at 82 FR 43506 (September 18, 2017). Comments must have been received by October 18, 2017.

    (3) Prevention of Significant Deterioration (PSD) permit program. The Arkansas' PSD program was initially approved into the SIP on January 14, 1982 (47 FR 02112). Subsequent revisions to Arkansas' PSD program were approved into the SIP on February 10, 1986 (51 FR 04910), May 2, 1991 (56 FR 20137), October 16, 2000 (65 FR 61103), and April 12, 2007 (72 FR 18394). On December 4, 2014, Arkansas submitted final SIP revisions to address the 2006 PM2.5 PSD elements. EPA's final approval was published on March 4, 2015 (80 FR 11573). ADEQ has the authority to implement the 2006 PM2.5 NAAQS and regulate and permit PM2.5 emissions, and its precursors through the Arkansas PSD program. Arkansas submitted SIP revisions relating to Greenhouse Gases (GHG's) on July 2010 and a revision to that SIP on November 6, 2010 addressing the PSD program for EPA approval, which we approved on April 2, 2013 (78 FR 19596), whereby we also rescinded the Federal Implementation Plan (FIP) that was in place which addressed permitting for the GHG purposes in Arkansas. With the approval of the SIP revisions to address GHG PSD permitting and 2006 PM2.5 PSD elements, ADEQ has a complete SIP approved PSD permitting program in place covering the required elements for all regulated New Source Review (NSR) pollutants. Arkansas' PSD portion of the federally-approved SIP covers all NSR regulated pollutants as well as the requirements to meet CAA 110(a)(2)(C) for the 2006 and 2012 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS. Additional details of the applicable authorities and regulations are provided in the TSD in the docket to this action.

    (D)(i) Interstate Pollution Transport: Section 110(a)(2)(D)(i)(I) of the CAA requires that the State's SIP contain adequate provisions to address interstate transport of certain emissions. The State's SIP must address any emissions activity in one state that contributes significantly to nonattainment, or interferes with maintenance, of the NAAQS in another state. The EPA refers to this requirement as prong 1 (significant contribution to nonattainment) and prong 2 (interference with maintenance).

    Section 110(a)(2)(D)(i)(II) of the CAA requires SIPs to include provisions prohibiting any sources or other types of emissions activity in one state from interfering with measures required of any other state to prevent significant deterioration of air quality or from interfering with measures required of any other state to protect visibility (referring to visibility of Class I areas). The EPA sometimes refers to this requirement under CAA subsection 110(a)(2)(D)(i)(II) as prong 3 (interference with PSD) and prong 4 (interference with visibility protection). The EPA interprets CAA section 110(a)(2) to require air agencies to address prong 3 and prong 4 as part of each infrastructure SIP submission.

    We previously approved the portions of Arkansas' 2006 PM2.5 NAAQS i-SIP which addressed the requirements that emissions within Arkansas be prohibited from contributing to the nonattainment or interfere with maintenance of the NAAQS in other states (prong 1 and 2). 78 FR 53269 (August 29, 2013). In this proposed rulemaking, EPA is not acting on provisions pertaining to CAA section 110(a)(2)(D)(i)(I) prong 1 and prong 2 for the following pollutants: 2012 PM2.5, 2008 Ozone, and 2010 SO2. We will address these requirements in a separate, future rulemaking(s). Also, EPA is proposing only to approve CAA section 110(a)(2)(D)(i)(II) (prong 3- PSD portion) for 2012 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, and 2010 SO2 NAAQS. EPA will address 110(a)(2)(D)(i)(II) prong 4 for all the above pollutants in a separate, future rule making. However, EPA is proposing to approve subsections of 110(a)(D)(i) and 110(a)(D)(ii) for 2008 Lead (Pb) and 2010 NO2 NAAQS.

    Section 110(a)(2)(D)(ii) of the CAA requires SIPs to include adequate provisions to ensure compliance with sections 115 and 126 of the Act, relating to interstate and international pollution abatement. Section 126(a) of the CAA requires new or modified sources to notify neighboring states of potential impacts from the source. Section 115 of the CAA relates to the international pollution abatement portion of 110(a)((2)(D)(ii).

    The i-SIP must prohibit emissions within Arkansas from contributing significantly to the nonattainment of the NAAQS in other states, and from interfering with the maintenance of the NAAQS in other states (CAA section 110(a)(2)(D)(i)(I)). The SIP must also prohibit emissions within Arkansas both from interfering with measures required to prevent significant deterioration in other states and from interfering with measures required to protect visibility in other states (CAA section 110(a)(2)(D)(i)(II)).

    Lead: We propose to approve the portion of the State's submittal which addresses the requirement that emissions within Arkansas be prohibited from contributing to the nonattainment of the Pb NAAQS in other states, and from interfering with the maintenance of the Pb NAAQS in other states. The physical properties of Pb, which is a metal and very dense, prevent Pb emissions from experiencing a significant degree of travel in the ambient air. No complex chemistry is needed to form Pb or Pb compounds in the ambient air; therefore, ambient concentrations of Pb are typically highest near Pb sources. More specifically, there is a sharp decrease in ambient Pb concentrations as the distance from the source increases. According to EPA's report entitled Our Nation's Air: Status and Trends Through 2010, Pb concentrations that are not near a source of Pb are approximately 8 times less than the typical concentrations near the source.16 There are no areas within the State of Arkansas designated as nonattainment with respect to the 2008 lead NAAQS.

    16http://www.epa.gov/airtrends/2011/report/fullreport.pdf.

    ADEQ has determined that there are few sources of lead emissions located in close proximity to Arkansas' borders (e.g., within 2 miles), considering the physical properties of Pb explained above which prevent Pb emissions from experiencing the same travel or formation phenomena as PM2.5 or ozone and there is a sharp decrease in Pb concentrations as the distance from a Pb source increases. Significant impacts from Pb emissions from stationary sources are limited to short distances from emitting sources, therefore, visibility is not affected by lead emissions.17 Given this information, we propose to approve the portion of the Pb i-SIP submittal related to the protection of visibility in other states.

    17 Please see our TSD for more detailed information.

    Nitrogen Dioxide (NO 2): We propose to approve the portion of the submittal which addresses the prevention of emissions which significantly contribute to the nonattainment of the NO2 NAAQS in other states and interfere with the maintenance of the NO2 NAAQS in other states. On February 17, 2012, EPA designated the entire United States as “unclassifiable/attainment” for the 2010 NO2.18 The available air quality data show that all areas in the country meet the 2010 NO2 NAAQS for 2008-2010. No state or tribal entity recommended an area be designated “nonattainment.” As listed in our NO2 Design Values report,19 only one maintenance area exists for the prior annual NO2 NAAQS (Los Angeles, California). With no nonattainment or maintenance areas in surrounding states, Arkansas does not significantly contribute to nonattainment or maintenance of the NO2 NAAQS in any of the contiguous states. As further evidence that Arkansas NO2 emissions do not contribute to nonattainment or maintenance of NAAQS, we reviewed more recent monitoring data for NO2 throughout the United States. Using previous EPA methodology,20 we evaluated specific monitors identified as having nonattainment and/or maintenance problems, which we refer to as “receptors.” We identify nonattainment receptors as any monitor that violated the NO2 NAAQS in the most recent three-year period. Meanwhile, we identify NO2 maintenance receptors as any monitor that violated the NO2 NAAQS in either of the prior monitoring cycles (2010-2012 and 2011-2013), but attained in the most recent monitoring cycle (2012-2014). During the three most recent design value periods of 2010 through 2012, 2011 through 2013 and 2012 through 2014, we found no monitors violating the 2010 NO2 NAAQS in the United States.

    18 See 77 FR 9532 (February 17, 2012).

    19http://epa.gov/airtrends/values.html.

    20 See NOX SIP call, 63 FR 57371 (October 27, 1998); CAIR, 7025172 (May 12, 2005; and Transport Rule or Cross-State Air Pollution Rule 76 FR 48208 (August 8, 2001).

    We are also proposing to approve the portion of the SIP pertaining to the prevention of significant deterioration in other states for Pb and NO2, as Arkansas has a fully approvable PSD program. The program regulates all NSR pollutants, including greenhouse gases (GHGs) which prevents significant deterioration in nearby states.

    2012 PM, O 3 , SO 2 : At this time, we are not proposing action on the i-SIP submittals which address the prevention of emissions which significantly contribute to the nonattainment of 2012 PM2.5, 2008 Ozone, and 2010 SO2 NAAQS in other states, and the interference with the maintenance 2012 PM2.5, 2008 Ozone, 2010 NO2, and 2010 SO2 NAAQS in other states. We plan to act on these portions of the i-SIP in future, separate rulemaking actions.

    Based on information presented in the State's SIP submission, we are proposing to approve the portion of the SIP submittal related to the prevention of significant deterioration in other states, as Arkansas has a fully approved PSD program that addresses all regulated new source review pollutants, including greenhouse gases (GHG) which prevent significant deterioration in nearby states.

    (D)(ii) Interstate Pollution Abatement and International Air Pollution: In addition, CAA section 110(a)(2)(D)(ii) requires that the SIP contain adequate provisions insuring compliance with the applicable requirements of section 126 of the Act (relating to interstate pollution abatement) and 115 of the Act (relating to international pollution abatement). Section 126(a) of the CAA requires new or modified sources to notify neighboring states of potential impacts from the source. Arkansas meets the CAA section 126 requirements as it has a fully approved PSD SIP and no source or sources have been identified by the EPA as having any interstate impacts under CAA section 126 in any pending action related to any air pollutant. Arkansas meets the section 115 requirements as there are no final findings by the EPA that Arkansas air emissions affect other countries. Therefore, we propose to approve the portion of the Arkansas SIP for these NAAQS: 2006 PM2.5, 2008 Ozone, 2008 Pb, 2010 NO2, 2010 SO2, and 2012 PM2.5 i-SIP pertaining to CAA section 110(a)(2)(D)(ii). For additional detail, please refer to the TSD.

    (E) Adequate authority, resources, implementation, and oversight: CAA 110(a)(2)(E) requires that the SIP must provide for the following: (1) Necessary assurances that the state (and other entities within the state responsible for implementing the SIP) will have adequate personnel, funding, and authority under state or local law to implement the SIP, and that there are no legal impediments to such implementation; (2) compliance with requirements relating to state boards as required under section 128 of the CAA; and (3) necessary assurances that the state has responsibility for ensuring adequate implementation of any plan provision for which it relies on local governments or other entities to carry out. Both elements (A) and (E) herein address the requirement that a state have adequate authority to implement and enforce the SIP without legal impediments.

    The i-SIP submission for the referenced NAAQS pollutants describes the SIP regulations governing the various functions of personnel within the ADEQ, including the administrative, technical support, planning, enforcement, and permitting functions of the program.

    With respect to necessary assurances, and the requirement to address funding, Arkansas has authority to collect fees for the NSR permit programs, and other inspections, maintenance and renewals required of other air pollution sources also provide necessary funds to help implement the State's air programs. Ark. Code Ann. § 8-1-103(1)(A) grants APC&EC the authority to establish, by regulation, reasonable fees for initial issuance, annual review, and modification of permits. Under Ark. Code Ann. § 8-1-103(3), ADEQ is authorized to collect the fees established by APC&EC and shall deny the issuance of an initial permit, a renewal permit, or a modification permit if and when a facility fails or refuses to pay the fees after reasonable notice. APC&EC Regulation 9, Fee Regulation. Chapter 5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permits and general permits. More specific information on permitting fees is provided in the TSD.

    With respect to authority and personnel, Ark. Code Ann. § 8-1-202(b)(2)(D) states that the Director of ADEQ's duties include the day-to-day administration of all activities that the Department is empowered by law to perform, including, but not limited to, the employment and supervision of such technical, legal, and administrative staff, within approved appropriations, as is necessary to carry out the responsibilities vested with ADEQ. The AWAPCA provides the ADEQ adequate authority, in part “to administer and enforce all laws and regulations relating to pollution of the air.” Ark. Code Ann. Sec. 8-4-311(7). APC&EC Regulation 19.301 gives ADEQ the responsibility of meeting all applicable regulations and requirements contained in the CAA, as amended, if any area of the state is determined to be in violation of the NAAQS. APC&EC Reg. 19.410 gives ADEQ the authority to revoke, suspend, or modify any permit for cause. For further details, please refer to the TSD.

    Section 110(a)(2)(E)(ii) requires that the State's SIP comply with CAA section 128 that requires: (1) That the majority of members of the state body that approves permits or enforcement orders do not derive any significant portions of their income from entities subject to permitting or enforcement orders under the CAA; and (2) any potential conflicts of interest by such body be adequately disclosed. In 1982, the EPA approved the State's SIP submittal to demonstrate compliance of the SIP with Section 128 of the CAA. 47 FR 19136 (May 04, 1982). The submittal cited AWAPCA section 82-1901 as demonstrating compliance with CAA section 128(a)(1) and cited Arkansas Code of Ethics Law Act 570 of 1979, Section 3: Use of Public Office to Obtain Special Privilege Prohibited: Section 4: Use and Disclosure of Information—Acquired by Reason of Office Activities Requiring Disclosure; Section 5: Requirement to File Statement and Section 6: Statements Period Retained Public Access Signature Required. Under APC&EC Reg. 8.202, the Director or the Director's delegate shall issue all permits with nothing in APC&EC Regulation 8 being construed to authorize APC&EC to issue a permit, including the power to reverse or affirm a permitting decision by the Director.

    Under Ark. Code Ann. § 21-8-1001, no member of a state board or commission or board member of an entity receiving state funds shall participate in, vote on, influence or attempt to influence an official decision if the member has pecuniary interest in the matter under consideration by the board, commission, or entity. In addition, no member of a state board or commission or board member of an entity receiving state funds shall participate in any discussion or vote on a rule or regulation that exclusively benefits the member. As required by the CAA, the SIP stipulates that any board or body, which approves permits or enforcement orders, must have at least a majority of members who represent the public interest and do not derive any “significant portion” of their income from persons subject to permits and enforcement orders or who appear before the board on issues related to the CAA. The members of the board or body, or the head of an agency with similar powers, are required to adequately disclose any potential conflicts of interest. While the ADEQ has no board or commission, the ADEQ submitted a letter dated January 19, 2012, that clarified that the Director of the ADEQ is considered the “the head of an executive agency with similar powers,” and must meet the requirement to adequately disclose any potential conflicts of interest.21 The requirements of CAA section 110(a)(2)(E)(iii) concerning local governments or other entities, are not applicable to Arkansas because it does not rely on local agencies for specific SIP implementation.

    21 The ADEQ submitted a letter to EPA Region 6 to clarify that the requirements of § 110(a)(2)(E)(ii) do apply to the Director of the ADEQ, and that EPA has already approved a state submittal to this effect. The letter is included in the docket to this action.

    (F) Stationary source monitoring system: CAA 110(A)(2)(F) requires the SIP provide for the establishment of a system to monitor emissions from stationary sources and to submit periodic emission reports. It must require the installation, maintenance, and replacement of equipment, and the implementation of other necessary steps, by owners or operators of stationary sources, to monitor emissions from such sources. The SIP shall also require periodic reports on the nature and amounts of emissions and emissions-related data from such sources. It shall require that the state correlate the source reports with emission limitations or standards established under the CAA. These reports must be made available for public inspection at reasonable times.

    The relevant regulatory requirements have been codified in APC&E Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Chapter 7 (pertaining to sampling and testing).

    Provisions in APC&EC Chapter 7, Regulation 19.705 provide for the reporting of emissions inventories in a format established by the ADEQ on a schedule set forth in that section. In addition, APC&EC Regulation 19.705 requires the submission of emission statements as required by the CAA. Area, mobile, and non-road data are required to be reported on a three-year cycle.

    Enforceable emission limitations and other control measures are covered in the Arkansas Water and Air Pollution Control Act and those provisions of Ark. Code Ann. §§ 8-4-310 and 8-4-311. Elements of the program for enforcement are found in the monitoring, recordkeeping and reporting requirements for sources in these control measures as well as individual SIP permits. Additional details and citations to the relevant regulatory authorities and provisions are discussed in the TSD. We are proposing that the Arkansas SIP meets the requirements of section 110(a)(2)(F).

    (G) Emergency authority: CAA 110(A)(2)(G) requires a demonstration that the ADEQ has authority to restrain any source from causing imminent and substantial endangerment to public health or welfare or the environment. The SIP must include an adequate contingency plan to implement ADEQ's emergency authority.

    Ark. Code Ann. § 8-1-202(b)(2)(C) empowers the ADEQ to issue orders under circumstances that reasonably require emergency measures to be taken to protect the environment or the public health and safety. APC&EC Reg. 8.502 requires ADEQ to publish a Notice of Emergency Order in a newspaper covering the affected area, or in a newspaper of statewide circulation. The notice must contain a description of the action, ADEQ's authority for taking the action and other information appropriate to ensure the public is informed about the action.

    Ark. Code Ann. § 8-4-202(e)(1) empowers APC&EC to declare an emergency and implement emergency rules, regulations, suspensions, or moratoria on categories or types of permits if APC&EC determines that imminent peril to the public health, safety, or welfare requires immediate change in the rules or immediate suspension or moratorium on categories or types of permits. APC&EC Regulation 8, Administrative Procedures, Reg. 8.807 authorizes the Commission to waive or reduce the notice requirements in cases involving emergency rulemaking. No emergency rule shall be effective for more than 180 days.

    (H) Future SIP revisions: CAA 110(a)(2)(H) requires that States have the authority to revise their SIPs in response to changes in the NAAQS, availability of improved methods for attaining the NAAQS, or in response to an EPA finding that the SIP is substantially inadequate to attain the NAAQS.

    The AWAPCA, Section 82-1935(1), empowers the APC&EC to “formulate and promulgate, amend, repeal, and enforce rules and regulations implementing or effectuating the powers and duties of the Commission [. . .] to control air pollution”. Therefore, Arkansas has the authority to revise its SIP as may be necessary to take into account revisions of primary or secondary NAAQS, or the availability of improved or more expeditious methods of attaining such standards. Furthermore, Arkansas also has the authority under the AWAPCA provisions to revise its SIP in the event the EPA (pursuant to the Act) finds the SIP to be substantially inadequate to attain the NAAQS. APC&EC Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Chapter 1, provides a clear delineation of those regulations that are promulgated by APC&EC in satisfaction of certain requirements of the CAA. Ark. Code Ann. § 8-4-311(a)(7) empowers ADEQ to administer and enforce all laws and regulations relating to pollution of the air. Ark. Code Ann. § 8-4-202(d)(4)(A)(ii) authorizes APC&EC to refer to the Code of Federal Regulations for any APC&EC standard or regulation that is identical to a regulation promulgated by the EPA.

    The Arkansas Pollution Control and Ecology Commission's Regulation 19, Regulations of the Arkansas Plan of Implementation for Air Pollution Control, Chapter 1, demonstrates that those regulations that are promulgated by the Commission satisfy the requirements of this provision of the CAA.

    (I) Nonattainment areas: The CAA section 110(a)(2)(I) requires that in the case of a plan or plan revision for areas designated as nonattainment areas, states must meet applicable requirements of Part D of the CAA, relating to SIP requirements for designated nonattainment area. SIP revisions that implement the control strategies necessary to bring a nonattainment area into attainment of the NAAQSs are not required by CAA to be submitted within three years of the promulgation of a new or revised NAAQS. Therefore, as stated earlier, CAA 110(a)(1) does not require this element to be demonstrated as part of an infrastructure SIP submittal. 73 FR 16025 16206 (March 27, 2008).

    (J) Consultation with government officials, public notification, PSD and visibility protection: The SIP must meet the following four CAA requirements: (1) Those listed in section 121 of the CAA, relating to interagency consultation; (2) those listed in CAA section 127, relating to public notification of NAAQS exceedances and related issues; (3) prevention of significant deterioration of air quality and (4) visibility protection.

    Under APC&EC Regulation 19, Chapter 9, Arkansas has incorporated by reference the requirements in 40 CFR part 52 for PSD in their entirety, with the exception of 40 CFR 52.21(b)(2)(iii)(a), 52.21(b)(49), 52.21(b)(50), 52.21(b)(55-58), 52.21(i) and 52.21(cc). These provisions were approved by EPA as part of the federally-approved SIP. These incorporated provisions also provide for protection of visibility in Federal Class I areas. All new major sources and major modifications are subject to a comprehensive EPA-approved PSD permitting program, including GHG PSD permitting that was approved on April 2, 2013 (78 FR 19596) and PM2.5 PSD permitting approved on March 4, 2015 (80 FR 11573). Chapter 9 of APC&EC Regulation 19 authorizes enforcement of regulations governing the prevention of significant deterioration of air quality and regulations governing the protection of visibility in mandatory Federal Class I areas.

    The visibility sub-element of Element J is not being addressed because EPA stated in a September 13, 2013 “Guidance on Infrastructure State Implementation Plan (SIP Elements under CAA sections 110(a)(1) and 110(a)(2)” that we believe that there are no newly applicable visibility protection obligations pursuant to Element J after the promulgation of new or revised NAAQS.

    (1) Consultation With Identified Official on Certain Actions: The i-SIP needs to show that there is an established process for consultation with general purpose local governments, designated organization of elected officials of local governments and any federal land manager having authority over federal land to which the plan applies, consistent with CAA section 121, which lists the specific types of actions for which consultation is required. If the relevant statute is self-executing such that there is no associated regulation or other documents, then the statute would need to be included in the SIP. If a regulation or other document meeting the CAA requirements exists, then the regulation or other document would need to be included in the SIP submission, and the authorizing statute should be referenced but the statute is not required to be part of the EPA approved SIP. Under the requirements of 40 CFR 51.240, the SIP would need to identify organizations “that will participate in developing, implementing, and enforcing the plan and the responsibilities of such organizations.” The plan should include any agreements or memoranda of understanding among the organizations.

    The AWAPCA, as codified under Ark Code Ann. A.C.A. § 8-1-203 provides that the APC&EC “shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern” prior to the adoption of any rule or regulation implementing the substantive statutes charged to the ADEQ for administration. In addition, Ark. Code Ann. section 8-4-311(a)(2) provides that the ADEQ or its successor shall have the power and duty “to advise, consult, and cooperate with other agencies of the state, political subdivisions, industries, other states, the federal government, and with affected groups in the furtherance of the purposes of this chapter.” Further, Regulation 19.904(D) provides that ADEQ shall make determinations that a source may affect air quality or visibility in a mandatory Class I federal area based on screening criteria agreed upon by the Department and the Federal Land Manager.22

    22 See 72 FR 18394 (April 12, 2007).

    (2) Public Notification: The i-SIP submission needs to demonstrate that the air agency does regularly notify the public of instances or areas in which the new or revised primary NAAQS was exceeded; it needs to advise the public of health hazards associated with such exceedances and of ways in which the public can participate in regulatory and other efforts to improve air quality. Public notification begins with the air quality forecasts, which advise the public of conditions capable of exceeding the 8-hour ozone 23 and PM2.5 NAAQS. The air quality forecasts can be found on the ADEQ Web site: For 8-hour ozone and PM2.5, the forecast includes two regions 24 in the State. Ozone forecasts are made daily during the ozone season for each of the forecast areas.25 The ozone forecasts are made, in most cases, a day in advance by 2:00 p.m. local time and are valid for the next day. When the forecast indicates that ozone levels will be above the 8-hour ozone standard, the ADEQ and the Arkansas Department of Health issue an Ozone Health Advisory.

    23 The ADEQ forecasts for 8-hour ozone are based on the 2008 ozone standard, which is 75 ppb.

    24 The 2 forecast areas for 8-hour ozone and PM2.5 are Little Rock and Springdale. See www.adeq.state.ar.us/techsvs/default.htm.

    25 Ozone is a gas composed of three oxygen atoms. Ground level ozone is generally not emitted directly from a vehicle's exhaust or an industrial smokestack, but is created by a chemical reaction between NOX and VOCs in the presence of sunlight and high ambient temperatures. Thus, ozone is known primarily as a summertime air pollutant. For Arkansas, the ozone season runs from March 1 through November 31 (see 40 CFR 58, APPENDIX D, Table D-3). The Arkansas air quality control regions are defined at 45 FR 6571 (January 29, 1980).

    In addition, the State implements an Ozone Action Day (OAD) program 26 and will issue an ozone alert in the afternoon on the day before an elevated level of ozone is expected to occur. Announcements for an OAD will be broadcast through television and other news media, and to employers participating in the OAD program. The OAD program includes examples of actions that can be implemented by individuals and organizations to reduce ozone levels and exposure to ozone. Also through the Metroplan Web site, the public can subscribe to an electronic information system that provides air quality forecast and ozone alert information via email. Ozone data are posted on the ADEQ Web site; current, regional hourly and regional 8-hour ozone data are posted hourly (See http://www.adeq.state.ar.us/techsvs/ozonemonitors.asp). Provisions regarding public availability of emission data were also approved into the Arkansas SIP on April 12, 2007 (72 FR 18394).

    26 For coordinating agencies, participating counties and other information, please see https://www.adeq.state.ar.us/air/planning/ozone/.

    (3) PSD and Visibility Protection: Section 110(a)(2)(J) requires states to meet applicable requirements of Part C related to prevention of significant deterioration and visibility protection. EPA approved Arkansas's Visibility Protection Plan (Protection of Visibility in Mandatory Class I Federal Areas) into the Arkansas SIP on February 10, 1986 (51 FR 4910). EPA approved revisions to the Arkansas Visibility Protection Plan and approved a Long-Term Strategy for Visibility Protection into the Arkansas SIP on July 21, 1988 (53 FR 27514). The State's SIP revision to its Regional Haze program was submitted to EPA on July 29, 2008. Arkansas is subject to federal regional haze requirements which address visibility-impairing pollutants. Arkansas's PSD program addresses visibility protection. In 2008, Arkansas submitted a Regional Haze SIP and EPA partially approved and partially disapproved it on March 12, 2012 (77 FR 14604). The State's submittal provides information to show that Arkansas has experienced considerable improvement in reductions of regional haze emissions in relation to the reasonable progress goals and uniform rate of progress established in the State's Regional Haze SIP. The most recent data from 2015 and current five-year rolling averages show that visibility impairment in Arkansas' Federal Class I areas is decreasing more rapidly than the uniform rate of progress and 2018 reasonable progress goals submitted as part of the State's 2008 Regional Haze SIP.

    ADEQ has a complete EPA-approved PSD permitting program in place covering the required elements for all regulated NSR pollutants, including greenhouse gases (GHG). EPA had previously published a finding of failure to submit a PSD SIP for PM2.5 (79 FR 29354, May 22, 2014) and imposed a Federal Implementation Plan for PSD permitting of GHGs. 75 FR 82246 (December 30, 2010). However, ADEQ submitted SIP revisions addressing 2006 PM2.5 PSD elements, which was approved on March 4, 2015 (80 FR 11573), and GHG PSD permitting, which was approved on April 2, 2013 (78 FR 19596). The Arkansas SIP requirements relating to visibility and regional haze are not affected when EPA establishes or revises a NAAQS. Therefore, EPA believes that there are no new visibility protection requirements due to the revision of the NAAQS, and consequently there are no newly applicable visibility protection obligations pursuant to infrastructure element (J).

    (K) Air quality and modeling/data: The SIP must provide for performing air quality modeling, as prescribed by EPA, to predict the effects on ambient air quality of any emissions of any NAAQS pollutant, and for submission of such data to EPA upon request. APC&EC Regulation 19, Chapter 3, requires that ADEQ conduct ambient air monitoring and computer modeling of regulated air pollutant emissions in any area that can reasonably be expected to be in excess of the NAAQS and to review the ambient air impacts of any new or modified source of federally regulated air emission that is the subject of the requirements of the SIP. See APC&EC Reg.19.302(A) and (B). Under APC&EC Reg.19.302(B), all computer modeling shall be performed using EPA-approved models, and using averaging times commensurate with averaging times stated in the NAAQS. ADEQ has the ability to submit data related to air quality modeling to the EPA under Ark. Code Ann. § 8-4-311(a)(2) which gives ADEQ the power to advise, consult, and cooperate with the federal government. Modeling and emissions reductions measures have been submitted by Arkansas and approved into the SIP. For example, we reference the air modeling and emissions reductions data submitted within the Crittenden County Economic Development Zone SIP revisions, as well as the demonstration of maintenance of the 2008 8-hour ozone standard in Crittenden County. 81 FR 24030 (April 25, 2016). The measures in these SIPs were approved by EPA and adopted into the SIP.

    (L) Permitting Fees: The SIP must require each major stationary source to pay permitting fees to the permitting authority, as a condition of any permit required under the CAA, to cover the cost of reviewing and acting upon any application for such a permit, and, if the permit is issued, the costs of implementing and enforcing the terms of the permit. The fee requirement applies until a fee program established by the State (pursuant to title V of the CAA, relating to operating permits), is approved by EPA.

    The fee requirements of the APC&EC's Regulation 26, Regulations of the Arkansas Operating Air Permit Program, Chapter 11, were approved by EPA as meeting the CAA requirements and were incorporated into Arkansas's SIP. Arkansas's title V operating permit program in Chapter 11, was approved October 9, 2001. APC&EC's Chapter 11 titled “Permit Fees,” Reg. 26.1101, “Fee Requirement,” requires that in accordance with 40 CFR 70.9, as promulgated July 21, 1992, and last modified June 3, 2010 (75 FR 31607), that the owners or operators of part 70 sources shall pay initial and annual fees that are sufficient to cover the permit program costs. The Department shall ensure that any fee required by these regulations will be used solely for permit program costs. In addition, APC&EC's Reg. 26.1102, titled “Fee schedule,” requires that the fee schedule for part 70 permits is contained in Regulation No. 9. The APC&EC Regulation 9, Fee Regulation, Chapter 5, Air Permit Fees, contains the air permit fees applicable to non-part 70 permits, part 70 permits and general permits. Revisions to air permitting fees requirements in Chapter 5 were approved by EPA on April 30, 2015 (80 FR 24216). Reg. 9.501, “Applicability,” requires that air permit fees contained in this section are applicable to (1) non-part 70 permits, (2) part 70 permits, and (3) general permits.

    (M) Consultation/participation by affected local entities: CAA 110(A)(2)(M) requires the SIP to provide for consultation and participation by local political subdivisions affected by the SIP. See the discussion for element (J) above for a description of the SIP's public participation process, the authority to advise and consult, and the PSD SIP's public participation requirements. The Arkansas statute at Ark. Code. Ann. Sec. 8-1-203 provides that the APC&EC shall meet regularly in publicly noticed open meetings to discuss and rule upon matters of environmental concern prior to the adoption of any rule or regulation implementing the substantive statutes charged to the ADEQ for administration. Additionally, the state noted that pursuant to APC&EC Regulation 8, Arkansas will continue to provide for consultation and participation from those affected by the SIP. Under APC&EC Regulation 8, those organizations affected by the SIP will be able to participate in developing the SIP via comments and potential public hearings. ADEQ is the sole state-level enforcer and implementer of the SIP. See APC&EC Reg. 8.205 Public Notice of Permit Application; APC&EC Reg. 8.206 Request for Public Hearing on Application for Permit; APC&EC Reg. 8.207 Public Notice of Draft Permitting Decision; APC&EC Reg. 8.208 Public Comment on Draft Permitting Decision; APC&EC Reg. 8.209 Public Hearings; APC&EC Reg. 8.405 Public Notice of Notices of Violations and Consent Administrative Orders; APC&EC Reg. 8.801 Public Notice of Rulemaking.

    ADEQ participates in the Central State Air Resources Agencies, which is an organization of states, tribes, federal agencies and other interested parties concerned with air quality. The interactions and public participation on rule and plan development are consistent with the requirements of § 110(a)(2)(M).

    III. Proposed Action

    EPA is proposing to approve the majority of the March 24, 2017 Arkansas i-SIP submittal, which address the requirements of the CAA sections 110(a) (1) and (2) as applicable to 2006 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 2010 SO2 and 2012 PM2.5 NAAQS. Specifically, EPA is proposing to approve the following infrastructure elements for Arkansas infrastructure SIP:

    For the 2006 PM2.5 NAAQS, we are proposing to approve CAA section 110(a)(2)(D)(ii) that pertains to interstate transport (“prong 3”) for Interstate transport and international pollution abatement for Arkansas infrastructure SIP.27

    27 We are proposing to address 2006 PM2.5 NAAQs 110(a)(2)(D)(i)(II) (prong 4: Interstate Transport-protection of visibility) in a future rule making.

    For the 2008 Lead NAAQS, we are proposing to approve all the infrastructure elements in CAA 110(a)(2)(A-M) for the Arkansas SIP.

    For the 2010 NO2 NAAQS, we are proposing to approve the infrastructure elements of CAA 110(a)(2)(A), (B), (C), (D)(i)(I) (prongs 1, 2); CAA 110(a)(2)(D(i)(II) (prong 3: Interstate transport—prevention of significant deterioration); CAA 110(A)(2)(D)(ii), E, F, H, I, J, K, L, and M).28

    28 We are proposing to address Arkansas 2010 NO2 NAAQs 110(a)(2)(D)(i)(II) (prong 4: Interstate Transport—protection of visibility) in future rule making.

    For the 2012 PM2.5 and 2010 SO2 NAAQS, we are proposing to approve infrastructure elements CAA 110(a)(2)(A), (B), (C), D(i)(II) (prong 3: Interstate transport—prevention of significant deterioration), CAA 110(a)(2)(D)(ii), E, F, H, I, J, K, L, and M).29

    29 We are proposing to take a separate, future rulemaking action(s) on 2012 PM2.5 and 2010 SO2 Arkansas i-SIP elements 110(a)(2)(D(i)(I) (prong 1: Interstate Transport—significant contribution to nonattainment areas, and prong 2: Interstate Transport—Interfere with maintenance in other states), and 110(a)(2)(D)(i)(II) (prong 4: Interstate Transport—protection of visibility).

    For the 2008 Ozone, we are proposing to approve CAA 110(a)(2)(A), (B), (C), CAA 110(a)(2)(D)(i)(II) (prong 3: Interstate transport—prevention of significant deterioration), CAA 110(a)(2)(D(ii), E, F, H, I, J, K, L, and M).30

    30 We are not proposing to approve Interstate provisions in CAA section 110(a)(2)(D(i)(I) (prong 1: Interstate Transport—significant contribution to nonattainment areas, and prong 2: Interstate Transport—Interfere with maintenance in other states) which were not included in this submission. We are proposing to address CAA Section 110(a)(2)(D)(i)(II) (prong 4: Interstate Transport—protection of visibility) for 2008 Ozone NAQQS in a separate, future rulemaking.

    Table 1 (below) outlines the specific actions EPA is proposing to take in this action for the Arkansas March 24, 2017 i-SIP submittal.

    Table 1—Proposed Actions on the Arkansas Infrastructure SIP Submittal for Various NAAQS Element 2006 PM2.5 2008 Pb 2008 Ozone 2010 NO2 2010 SO2 2012 PM2.5 (A): Emission limits and other control measures A * A A A A A. (B): Ambient air quality monitoring and data system A * A A A A A. (C)(i): Enforcement of SIP measures A * A A A A A. (C)(ii): PSD program for major sources and major modifications A * A A A A A. (C)(iii): Permitting program for minor sources and minor modifications A * A A A A A. (D)(i)(I): Contribute to nonattainment/interfere with maintenance of NAAQS (prongs 1 and 2) A * A * No submittal A No action No action. (D)(i)(II): PSD (requirement 3) A * A A A A A. (D)(i)(II): Visibility Protection (requirement 4) No submittal A No action No action No action No action. (D)(ii): Interstate and International Pollution Abatement A A A A A A. (E)(i): Adequate resources A * A A A A A. (E)(ii): State boards A * A A A A A. (E)(iii): Necessary assurances with respect to local agencies A * A A A A A. (F): Stationary source monitoring system A * A A A A A. (G): Emergency power A * A A A A A. (H): Future SIP revisions A * A A A A A. (I): Nonattainment area plan or plan revisions under part D + + + + + +. (J)(i): Consultation with government officials A * A A A A A. (J)(ii): Public notification A * A A A A A. (J)(iii): PSD A * A A A A A. (J)(iv): Visibility protection + + + + + +. (K): Air quality modeling and data A * A A A A A. (L): Permitting fees A * A A A A A. (M): Consultation and participation by affected local entities A * A A A A A. Key to Table 1: Proposed action on AR infrastructure SIP submittals for various NAAQS. A—Approve. A * Previously approved for an earlier submittal. +—Not germane to infrastructure SIPs. No action—EPA is taking no action on these infrastructure requirements in this rulemaking. EPA may address in separate future rulemaking action(s). No submittal—Proposed disapproval for an earlier submittal. EPA may take future action(s) in separate rule making(s). * No submittal * FIP in place.

    Based upon review of the state's infrastructure SIP submission and relevant statutory and regulatory authorities and provisions referenced in the submission or referenced in the federally-approved Arkansas SIP, EPA believes that Arkansas has the infrastructure in place to address all applicable required elements of sections 110(a)(1) and (2) (except as noted in Table 1 above) to ensure that the 2006 PM2.5, 2008 Pb, 2008 O3, 2010 NO2, 2010 SO2, and 2012 PM2.5 NAAQS are implemented in the state.

    IV. Statutory and Executive Order Reviews

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

    • Is not a “significant regulatory action” subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR3821, January 21, 2011);

    • Is not an Executive Order 13771 (82 FR 9339, February 2, 2017) regulatory action because SIP approvals are exempted under Executive Order 12866;

    • Does not impose an information collection burden under the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);

    • Is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);

    • Does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4);

    • Does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999);

    • Is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997);

    • Is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001);

    • Is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and

    • Does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

    The SIP is not approved to apply on any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the proposed rule does not have tribal implications and will not impose substantial direct costs on tribal governments or preempt tribal law as specified by Executive Order 13175 (65 FR 67249, November 9, 2000).

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Interstate transport of pollution, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides.

    Authority:

    42 U.S.C. 7401 et seq.

    Dated: November 9, 2017. Samuel Coleman, Acting Regional Administrator, Region 6.
    [FR Doc. 2017-25045 Filed 11-17-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [Docket No. 170816768-7768-01] RIN 0648-BH14 Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Reef Fish Fishery of the Gulf of Mexico; Modifications to Greater Amberjack Allowable Harvest and Rebuilding Plan AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes to implement management measures described in a framework action to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico (FMP), as prepared by the Gulf of Mexico Fishery Management Council (Council). If implemented, this proposed rule would revise the commercial and recreational annual catch limits (ACLs) and annual catch targets (ACTs), and modify the recreational fixed closed season for greater amberjack in the Gulf of Mexico (Gulf) exclusive economic zone. The purpose of this proposed rule and the framework action is to adjust the rebuilding time period, to revise the sector ACLs and ACTs, and to incorporate updated stock status information to end overfishing and rebuild the greater amberjack stock in the Gulf.

    DATES:

    Written comments must be received on or before December 5, 2017.

    ADDRESSES:

    You may submit comments on the proposed rule, identified by “NOAA-NMFS-2017-0116” 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-2017-0116, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Kelli O'Donnell, Southeast Regional Office, NMFS, 263 13th Avenue South, St. Petersburg, FL 33701.

    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 will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    Electronic copies of the framework action, which includes an environmental assessment, a regulatory impact review, and a Regulatory Flexibility Act (RFA) analysis may be obtained from the Southeast Regional Office Web site at

    http://sero.nmfs.noaa.gov/sustainable_fisheries/gulf_fisheries/reef_fish/2017/GAJ_Framework/gaj_framework.pdf.

    FOR FURTHER INFORMATION CONTACT:

    Kelli O'Donnell, Southeast Regional Office, NMFS, telephone: 727-824-5305, email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The Gulf reef fish fishery, which includes greater amberjack, is managed under the FMP. The Council prepared the FMP and NMFS implements the FMP under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Steven Act) through regulations at 50 CFR part 622.

    Background

    The Magnuson-Stevens Act requires NMFS and regional fishery management councils to prevent overfishing and to achieve, on a continuing basis, the optimum yield from federally managed fish stocks to ensure that fishery resources are managed for the greatest overall benefit to the nation.

    The greater amberjack resource in the Gulf was declared overfished by NMFS on February 9, 2001. Secretarial Amendment 2 established a greater amberjack rebuilding plan which started in 2003 and ended in 2012 (68 FR 39898; July 3, 2003). In 2006, a Southeast Data Assessment and Review (SEDAR) benchmark stock assessment (SEDAR 9) was completed for greater amberjack and was subsequently updated in 2010 (SEDAR 9 Update). In response to results from SEDAR 9 that showed the stock continued to be overfished and undergoing overfishing, the rebuilding plan was revised in Amendment 30A to the FMP (73 FR 38139; July 3, 2008). Results from the SEDAR 9 Update showed the stock continued to be overfished and undergoing overfishing, thereby necessitating further adjustment of the greater amberjack rebuilding plan, implemented in Amendment 35 to the FMP (77 FR 67574; December 13, 2012). However, after the time period for rebuilding the stock that was put in effect through the final rule for Secretarial Amendment 2 ended in 2012, NMFS determined in a 2014 stock assessment (SEDAR 33) that the stock was not rebuilt, and remained overfished and was undergoing overfishing. In response to the results of SEDAR 33, the rebuilding plan was revised and the catch levels were reduced in a 2015 framework action (80 FR 75432; December 2, 2015). The current rebuilding time period, established by the 2015 framework action, ends in 2019.

    A 2016 update to SEDAR 33 (SEDAR 33 Update) indicated the Gulf greater amberjack stock remained overfished and was undergoing overfishing, and would not rebuild by 2019, as previously estimated. The Council's Scientific and Statistical Committee (SSC) reviewed this assessment at their March 2017 meeting and provided the Council new overfishing limits (OFL) and acceptable biological catches (ABC) for a period of 3 years beginning in 2018. The ABCs recommended by the Council's SSC are: 1,182,000 lb (536,146 kg) for 2018; 1,489,000 lb (675,399 kg) for 2019; and 1,794,000 lb (813,744 kg) for 2020. All weights described in this proposed rule are in pounds round weight. Constraining catch to the ABC (equivalent to 75 percent of the maximum fishing mortality threshold) is expected to end overfishing and rebuild the stock by 2027.

    In May 2017, pursuant to paragraph (7) of section 304(e) of the Magnuson-Stevens Act (16 U.S.C. 1854(e)), NMFS notified the Council of the 2016 SEDAR 33 Update results that indicated that the greater amberjack stock continued to be overfished and undergoing overfishing. Following that notification, the Council was required under section 304(e)(3) of the Magnuson-Stevens Act to prepare regulations within 2 years to end overfishing immediately and rebuild the greater amberjack stock.

    The Council decided to set the stock ACL equal to the SSC's ABC recommendation for 2018 through 2020, keeping the stock ACL for 2020 in effect for subsequent years unless changed. The Council did not consider any change to the allocation of the stock ACL, which is 72 percent to the recreational sector and 27 percent to the commercial sector. To account for management uncertainty, the Council applied the ACL/ACT control rule from the Generic Annual Catch Limits/Accountability Measures Amendment (76 FR 82044; December 29, 2011)(using landings from 2013 through 2016) and established a 13 percent buffer between the commercial ACL and ACT and a 17 percent buffer between the recreational ACL and ACT. The revised sector ACLs and ACTs are expected to rebuild the stock by 2027. The Council also considered alternatives that would have set the stock ACL equal to the lowest ABC recommended by the SSC (constant catch ACL), rebuilding the stock by 2024, or set the stock ACL at zero, rebuilding the stock by 2022. However, because the constant catch ACL and zero ACL alternatives would have greater negative socio-economic impacts on fishing communities for relatively minor biological benefits, the Council determined that the 10-year rebuilding time period that ends in 2027 was as short as possible, taking into account the status and biology of the stock and the needs of the associated fishing communities.

    Management Measures Contained in This Proposed Rule

    This proposed rule would revise the commercial and recreational ACLs and ACTs (which are expressed as quotas in the regulatory text), and would revise the recreational fixed closed season for greater amberjack in the Gulf.

    Commercial and Recreational ACLs and ACTs

    The current commercial ACL is 464,400 lb (210,648 kg) and the commercial ACT is 394,740 lb (179,051 kg). The current recreational ACL is 1,255,600 lb (569,530 kg) and the recreational ACT is 1,092,372 lb (495,492 kg).

    This proposed rule would revise the commercial and recreational ACLs and ACTs for Gulf greater amberjack based on the results of the SEDAR 33 Update and the ABC recommendations from the Council's SSC. This proposed rule would set the commercial ACL at 319,140 lb (144,759 kg) for 2018, 402,030 lb (182,357 kg) for 2019, and 484,380 lb (219,711 kg) for 2020 and subsequent years. The commercial ACT would be set at 277,651 lb (125,940 kg) for 2018, 349,766 lb (158,651 kg) for 2019, and 421,411 lb (191,148 kg) for 2020 and subsequent years. The recreational ACL would be set at 862,860 lb (391,386 kg) for 2018, 1,086,970 lb (493,041 kg) for 2019, and 1,309,620 lb (594,033 kg) for 2020 and subsequent years. The recreational ACT would be set at 716,173 lb (354,850 kg) for 2018, 902,185 lb (409,223 kg) for 2019, and 1,086,985 lb (493,047 kg) for 2020 and subsequent years.

    Recreational Fixed Closed Season

    This proposed rule would revise the greater amberjack recreational fixed closed season from June 1 through July 31, which was established in the final rule for Amendment 35 to the FMP (77 FR 67574; November 13, 2012). This closed season was implemented to restrict harvest during times of peak fishing effort in order to prevent a recreational in-season quota closure, and thus effectively provide a longer fishing season for the recreational sector. The June 1 through July 31 greater amberjack recreational fixed closed season also was intended to allow for the harvest of one highly targeted species (red snapper) when the fishing season for the other species (greater amberjack) was closed. However, in-season closures of the greater amberjack have continued to occur, and the reduction of the recreational red snapper season, which opens on June 1 each year, has resulted in closures for both of these species simultaneously. This proposed rule would change the recreational fixed closed season for greater amberjack to January 1 through June 30. The Council determined that extending the length of the recreational fixed closed season to the six-month period of January 1 through June 30 would protect greater amberjack during peak spawning in the majority of the Gulf (March through April), thereby contributing to rebuilding the greater amberjack stock. The Council also determined that this proposed 6-month fixed closed season would reduce the likelihood that the recreational sector would exceed its ACL. The Council intended this new 6-month fixed closed season to be a temporary measure to give the Council time to develop and complete a subsequent framework action that would allow a spring and fall recreational fishing season. At the October 2017 meeting, the Council approved a subsequent framework action that would modify the 6-month fixed closed season to create two separate fishing seasons: a spring season open from May 1 through May 31, and a fall season open from August 1 through October 31.

    Actions Contained in the Framework Action Not Codified Through This Proposed Rule

    In addition to the measures proposed in this rule, the framework action would revise the greater amberjack ABC and OFL based upon the results of the SEDAR 33 Update and the Council's SSC recommendations. The current greater amberjack ABC is 1,720,000 lb (780,179 kg), and the current OFL is 3,420,000 lb (1,551,286 kg), which were established in the final rule implementing the 2015 framework action (80 FR 75432; December 2, 2015). This framework action would revise the ABC and OFL for 3 years, beginning in 2018. The ABC, which is equal to the stock ACL, would be set at 1,182,000 lb (536,146 kg) for 2018, 1,489,000 lb (675,399 kg) for 2019, and 1,794,000 lb (813,744 kg) for 2020 and subsequent years. The OFL would be set at 1,500,000 lb (680,388 kg) for 2018; 1,836,000 lb (832,795 kg) for 2019; and 2,167,000 lb (982,934 kg) for 2020 and subsequent years.

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator has determined that this proposed rule is consistent with the framework action, the FMP, the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

    This proposed rule has been determined to be not significant for purposes of Executive Order 12866.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration (SBA) that this proposed rule, if adopted, would not have a significant economic impact on a substantial number of small entities. The factual basis for this determination follows.

    A description of the proposed rule, why it is being considered, and the objectives of, and legal basis for this proposed rule are contained in the preamble of this rule at the beginning of the SUPPLEMENTARY INFORMATION section and in the SUMMARY section. The Magnuson-Stevens Act provides the statutory basis for this rule. No duplicative, overlapping, or conflicting Federal rules have been identified. In addition, no new reporting, record-keeping, or other compliance requirements are introduced by this proposed rule. Accordingly, the requirements of the Paperwork Reduction Act do not apply to this proposed rule.

    This proposed rule, if implemented, would be expected to directly affect all federally permitted commercial reef fish vessels that harvest Gulf greater amberjack under the FMP. Changing recreational ACLs and ACTs and modifying the fixed seasonal closure in this proposed rule would not directly affect charter vessel and headboat (for-hire) businesses. Any impact to the profitability or competitiveness of for-hire fishing businesses would be the result of changes in for-hire angler demand and, therefore, would be indirect in nature. The RFA does not consider recreational anglers, who would be directly affected by this proposed rule, to be small entities, so they are outside the scope of this analysis. Thus, only the effects on commercial vessels were analyzed. For RFA purposes only, NMFS has established a small business size standard for businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing (NAICS code 11411) is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including affiliates), and has combined annual receipts not in excess of $11 million for all its affiliated operations worldwide.

    As of October 2, 2017, there were 841 vessels with valid or renewable Federal Gulf reef fish commercial vessel permits. From 2010 through 2015, an average of 185 federally permitted commercial reef fish vessels per year landed greater amberjack in the Gulf (Federal and state waters). These vessels, combined, averaged 522 trips per year in the Gulf on which greater amberjack were landed, and 2,935 other trips in the Gulf on which no greater amberjack were landed or trips that occurred in the South Atlantic. The average annual total dockside revenue (2015 dollars) was approximately $0.54 million from greater amberjack, approximately $4.44 million from other species co-harvested with greater amberjack (on the same trips), and approximately $26.75 million from other trips by these vessels in the Gulf on which no greater amberjack were harvested or on trips that occurred in the South Atlantic. Total average annual revenue from all species harvested by vessels harvesting greater amberjack in the Gulf was approximately $31.74 million, or approximately $171,971 per vessel. These vessels generated approximately 1.7 percent of their total fishing revenues from greater amberjack. Based on the foregoing revenue information, all commercial vessels affected by the proposed rule are assumed to be small entities.

    Because all entities expected to be directly affected by this proposed rule are assumed to be small entities, NMFS has determined that this proposed rule would affect a substantial number of small entities; however, the issue of disproportionate effects on small versus large entities does not arise in the present case.

    Modifying the greater amberjack ACLs and ACTs starting in 2018 is projected to rebuild the stock by 2027. The revisions to the sector ACLs and ACTs would result in total ex-vessel revenue reductions of approximately $161,000 in 2018 and $62,000 in 2019. Beginning in 2020, total ex-vessel revenues would increase annually by approximately $36,000. Over the entire rebuilding period (2018-2027), total ex-vessel revenues would increase by approximately $70,000 for all vessels combined, or $378 per vessel. It is possible that some vessels may experience profit reductions, particularly in the first two years of the rebuilding period, but on average, the profit reductions would be relatively small because ex-vessel revenues from greater amberjack account for only 1.7 percent of total ex-vessel revenues for an average vessel. More economic benefits, such as higher ex-vessel revenues, may be expected after the stock is rebuilt in 2027 when less stringent measures, such as higher ACLs/ACTs, could be established.

    The information provided above supports a determination that this proposed rule would not have a significant economic impact on a substantial number of small entities. Because this proposed rule, if implemented, is not expected to have a significant economic impact on any small entities, an initial regulatory flexibility analysis is not required and none has been prepared.

    List of Subjects in 50 CFR Part 622

    Commercial, Fisheries, Fishing, Greater amberjack, Gulf, Recreational, Reef fish.

    Dated: November 14, 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 622 is proposed to be amended as follows:

    PART 622—FISHERIES OF THE CARIBBEAN, GULF OF MEXICO, AND SOUTH ATLANTIC 1. The authority citation for part 622 continues to read as follows: Authority:

    16 U.S.C. 1801 et seq.

    2. In § 622.34, revise paragraph (c) to read as follows:
    § 622.34 Seasonal and area closures designed to protect Gulf reef fish.

    (c) Seasonal closure of the recreational sector for greater amberjack. The recreational sector for greater amberjack in or from the Gulf EEZ is closed from January 1 through June 30, each year. During the closure, the bag and possession limit for greater amberjack in or from the Gulf EEZ is zero.

    3. In § 622.39, revise paragraphs (a)(1)(v) and (a)(2)(ii) to read as follows:
    § 622.39 Quotas.

    (a) * * *

    (1) * * *

    (v) Greater amberjack—(A) For fishing year 2018—277,651 lb (125,940.38 kg), round weight.

    (B) For fishing year 2019—349,766 lb (158,651 kg), round weight.

    (C) For fishing year 2020 and subsequent years—421,411 lb (191,149 kg), round weight.

    (2) * * *

    (ii) Recreational quota for greater amberjack. The recreational quota for greater amberjack, in round weight, is 716,173 lb (324,851 kg), for 2018, 902,185 lb (409,224 kg), for 2019, 1,086,985 lb (493,048 kg), for 2020 and subsequent fishing years.

    4. In § 622.41, revise paragraphs (a)(1)(iii) and (a)(2)(iii) to read as follows:
    § 622.41 Annual catch limits (ACLs), annual catch targets (ACTs), and accountability measures (AMs).

    (a) * * *

    (1) * * *

    (iii) The commercial ACL for greater amberjack, in round weight, is 319,140 lb (144,759 kg), for 2018, 402,030 lb (182,358 kg), for 2019, and 484,380 lb (219,711 kg), for 2020 and subsequent fishing years.

    (2) * * *

    (iii) The recreational ACL for greater amberjack, in round weight, is 862,860 lb (391,387 kg), for 2018, 1,086,970 lb (493,041 kg), for 2019, and 1,309,620 lb (594,034 kg), for 2020 and subsequent fishing years.

    [FR Doc. 2017-25050 Filed 11-17-17; 8:45 am] BILLING CODE 3510-22-P
    82 222 Monday, November 20, 2017 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request November 15, 2017.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by December 20, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Food and Nutrition Service

    Title: WIC Farmers' Market Nutrition Program (FMNP) Forms and Regulations.

    OMB Control Number: 0584-0447.

    Summary of Collection: The FMNP is authorized by Section 17(m) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(m)), (CNA). The purposes of the FMNP are to provide fresh, nutritious, unprepared locally grown fruits, vegetables and herbs from farmers' markets, and roadside stands to WIC participants; to expand the awareness and use of farmers' markets; and to increase sales at such markets. The FMNP is intended to benefit both the coupon recipients by improving their diets, and the farmers who sell their produce at farmers' markets by increasing their incomes. The Food and Nutrition Service (FNS) will collect information from each state that receives a grant under the FMNP program in conjunction with the preparation of annual financial and recipient reports.

    Need and Use of the Information: FNS uses the information collection to assess how each FMNP State agency operates; to ensure the accountability of State agencies, local agencies, and farmers/farmers' markets/roadside stands; to make program management decisions; and to report to Congress as needed.

    Description of Respondents: State, Local, or Tribal Government; Individuals or household; Business or other for-profit, Farms.

    Number of Respondents: 1,660,178.

    Frequency of Responses: Recordkeeping; Reporting: Annually.

    Total Burden Hours: 929,211.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-25094 Filed 11-17-17; 8:45 am] BILLING CODE 3410-30-P
    DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request November 15, 2017.

    The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.

    Comments regarding this information collection received by December 20, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

    An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number.

    Animal and Plant Health Inspection Service

    Title: Importation of Fruits and Vegetables.

    OMB Control Number: 0579-0128.

    Summary of Collection: Under the Plant Protection Act (7 U.S.C. 7701 et seq.) (PPA), the Secretary of Agriculture is authorized to carry out operations or measures to detect, eradicate, suppress, control, prevent, or retard the spread of plant pests not known to be widely distributed throughout the United States. The regulations in “Subpart-Fruits and Vegetables” (7 CFR 319.56 through 319.56-50), referred to as the regulations, allow a number of fruits and vegetables to be imported into the United States, under specified conditions, from certain parts of the world. The Animal and Plant Health Inspection Service (APHIS) requires that some plants or plant products be accompanied by a phytosanitary inspection certificate that is completed by plant health officials in the originating or transiting country.

    Need and Use of the Information: APHIS uses the following information activities phytosanitary certificate, fruit fly monitoring records and the labeling of boxes to allow a number of fruits and vegetables to be imported in the United States under specified condition from certain parts of the world. This information is used as a guide to the intensity of the inspection that APHIS must conduct when the shipment arrives. Without the information, all shipments would need to be inspected very thoroughly, thereby requiring considerably more time. This would slow the clearance of international shipments.

    Description of Respondents: Business or other for profit; Federal Government.

    Number of Respondents: 1,112.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 480.

    Animal and Plant Health Inspection Service

    Title: Bees and Related Articles.

    OMB Control Number: 0579-0207.

    Summary of Collection: The Plant Protection Act (APA) (7 U.S.C. 7701 et seq.), authorizes the Secretary of Agriculture to prohibit or restrict the importation, entry, or interstate movement of plants, plant products, and other articles to prevent the introduction of plant pests into the United States or their dissemination within the United States.

    Under the Honeybee Act (7 U.S.C. 281-286), the Secretary is authorized to prohibit or restrict the importation of honeybees and honeybee semen to prevent the introduction into the United States of diseases and parasites harmful to honeybees and of undesirable species and subspecies of honeybees. The Animal and Plant Health Inspection Service (APHIS), Plant Protection and Quarantine (PPQ), is responsible for implementing the intent of these Acts, and does so through the enforcement of its pollinator and bee regulations.

    Need and Use of the Information: APHIS collects information from a variety of individuals who are involved in breeding, exporting, importing, and containing bees and related articles. The information APHIS collects serves as the supporting documentation needed to issue required PPQ forms and documents that allow importation of bees and related articles or authorizes the release of bees. This documentation is vital to helping APHIS ensure that exotic bee diseases and parasites, and undesirable species and subspecies of honeybees, do not spread into or within the United States. Without the information, APHIS could not verify that imported bees and related articles do not present a significant risk of introducing exotic bee disease, parasites, and undesirable species and subspecies of honeybees.

    Description of Respondents: Businesses or other-for-profit; Foreign Federal Government.

    Number of Respondents: 18.

    Frequency of Responses: Recordkeeping; Reporting: On occasion.

    Total Burden Hours: 50.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-25066 Filed 11-17-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2017-0042] Notice of Request for a New Information Collection: Food Safety Behaviors and Consumer Education: Focus Group Research AGENCY:

    Food Safety and Inspection Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 and Office of Management and Budget (OMB) regulations, the Food Safety and Inspection Service (FSIS) is announcing its intention to collect information from focus groups on consumer food safety knowledge, attitudes, and practices and to elicit consumer responses to FSIS food safety messages and determine their impact on consumer food safety knowledge and behavior.

    DATES:

    Submit comments on or before January 19, 2018.

    ADDRESSES:

    FSIS invites interested persons to submit comments on this information collection. Comments may be submitted by one of the following methods:

    Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. Go to http://www.regulations.gov. Follow the on-line instructions at that site for submitting comments.

    Mail, including CD-ROMs, etc.: Send to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, Docket Clerk, Patriots Plaza 3, 1400 Independence Avenue SW., Mailstop 3782, Room 8-163A, Washington, DC 20250-3700.

    Hand- or courier-delivered submittals: Deliver to Patriots Plaza 3, 355 E Street SW., Room 8-163A, Washington, DC 20250-3700.

    Instructions: All items submitted by mail or electronic mail must include the Agency name and docket number FSIS-2017-0042. Comments received in response to this docket will be made available for public inspection and posted without change, including any personal information, to http://www.regulations.gov.

    Docket: For access to background documents or comments received, go to the FSIS Docket Room at Patriots Plaza 3, 355 E Street SW., Room 8-164, Washington, DC 20250-3700 between 8:00 a.m. and 4:30 p.m., Monday through Friday.

    FOR FURTHER INFORMATION CONTACT:

    Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence Avenue SW., Room 6065, South Building, Washington, DC 20250-3700; (202) 720-5627.

    SUPPLEMENTARY INFORMATION:

    Title: Food Safety Behaviors and Consumer Education: Focus Group Research.

    Type of Request: New information collection.

    Abstract: FSIS has been delegated the authority to exercise the functions of the Secretary (7 CFR 2.18, 2.53) as specified in the Federal Meat Inspection Act (FMIA) (21 U.S.C. 601, et seq.), and the Poultry Products Inspection Act (PPIA) (21 U.S.C. 451, et seq.). FSIS protects the public by verifying that meat and poultry products are safe, wholesome, not adulterated, and correctly labeled and packaged.

    FSIS's Office of Public Affairs and Consumer Education (USDA, FSIS, OPACE) ensures that all segments of the farm-to-table chain receive valuable food safety information. The consumer education programs developed by OPACE inform the public how to safely handle, prepare, and store meat, poultry, and processed egg products so as to minimize incidence of foodborne illness.

    OPACE strives to continuously increase consumer awareness of recommended food safety practices and to improve food-handling behaviors at home. OPACE shares its messages through The Food Safe Families campaign (a cooperative effort of USDA, Food and Drug Administration [FDA], and Centers for Disease Control and Prevention [CDC]); social media; AskKaren (an online database of frequently asked food safety questions); the FSIS Web site; FoodSafety.gov (a Web site operated by FSIS, FDA and CDC used to promote safe food handling to consumers); the Meat and Poultry Hotline; and various publications and events. These messages are focused on the four core food safety behaviors: Clean, separate, cook, and chill.

    By testing planned and tailoring existing consumer messaging, FSIS can better ensure that it is effectively communicating with the public to improve consumer food safety practices. Findings from the proposed focus group research will provide insight into how to effectively inform consumers about recommended safe food handling practices. The results of this research will be used to enhance messaging to improve consumers' food safety behaviors and help prevent foodborne illness.

    To collect information on consumer food safety knowledge, attitudes, and practices, and to elicit consumer responses to FSIS food safety messages and determine their impact on consumer food safety knowledge and behavior, FSIS is requesting approval for a new information collection to conduct consumer focus groups. Focus groups are typically used for developing and testing health communication messages. Qualitative research is particularly useful in studies such as this one, in which the research is exploratory in nature. These findings help provide insight and direction into the topics of interest and provide an understanding of the target audience's attitudes and behaviors.

    FSIS has contracted with RTI International to conduct two series of focus groups with adults. Each series will include 16 focus groups. The first series will be conducted in Fiscal Year (FY) 2018, and the second series will be conducted in FY 2020.

    In FY 2018, two sets of focus groups will be conducted, with eight groups per set. The first set of focus groups (Set 1) in FY 2018 will be conducted with parents who have children younger than 18 years old. In Set 1, two focus groups will be conducted in each of four different locations. In each location, one group will be conducted with English-speaking adults and one group with Spanish-speaking adults. The groups will be segmented by education level to increase the homogeneity of the groups.

    The second set of eight focus groups (Set 2) in FY 2018 will be conducted with English-speaking adults who have intentionally prepared meat or poultry dishes at home to be served undercooked or raw, such as chicken liver pate, hamburgers cooked rare or medium rare, kibbeh, raw meat sandwiches, or beef tartare. The groups will be segmented by type of food and conducted in locations where consumption of these foods is common based on ethnic, cultural, or other traditions.

    A second series of focus groups will be conducted in FY 2020 with a total of 16 focus groups. The topics for these groups have yet to be determined and will ultimately inform the development of communication campaigns on foodborne illness prevention.

    For each series of focus groups, a local market research company in each location will recruit potential participants from their databases and other sources. They will also provide the facilities for hosting the focus group discussions. Using convenience sampling, a non-probability sampling technique where subjects are selected because of their convenient accessibility instead of random selection, the market research companies will recruit potential participants who meet the eligibility criteria as defined by the screening questionnaires.

    An experienced moderator will conduct the focus group discussions and use a facilitator guide, which will serve as an outline and provide structure for the focus group discussions. Each focus group discussion will be professionally recorded (audio and video) by the local market research companies. The audio-recordings will be professionally transcribed. The moderators will review the video-recordings and transcripts of the focus group discussions and prepare a detailed summary of each discussion. The moderators will then analyze the summaries to identify common themes and any exceptions to these themes. The contractor will summarize these findings in a final report to FSIS. No statistical analyses will be conducted.

    Estimate of Burden: For each series of 16 focus groups, it is expected that 1,280 individuals will complete the screening questionnaire, and it is assumed that 160 will be eligible and subsequently agree to participate in the focus group study (10 people per group). Each screening questionnaire is expected to take 8 minutes (0.133 hour). Taking part in the focus group discussion will take a total of 90 minutes (1.5 hours). For each series of 16 focus groups, the estimated annual reporting burden is 410.24 hours, which is the sum of the burden estimates for the screening and focus group discussion. For the two series of focus groups (32 groups total), the estimated total number of individuals to be screened is 2,560 (1,280 each year) and the estimated total number of individuals to take part in the focus group discussions is no more than 320 (160 each year). The estimated total burden for the two series of focus groups is 820.48 hours (410.24 * 2).

    Estimated Annual Reporting Burden for the FY 2018 Focus Group Study Study component Estimated number of
  • respondents
  • Annual
  • frequency per
  • response
  • Total annual responses Hours per
  • response
  • Total hours
    Screening questionnaire 1,280 1 1,280 0.133 (8 min.) 170.24 Focus group discussion 160 1 160 1.5 (90 min.) 240 Total 410.24
    Estimated Annual Reporting Burden for the FY 2020 Focus Group Study Study component Estimated number of
  • respondents
  • Annual
  • frequency per
  • response
  • Total annual responses Hours per
  • response
  • Total hours
    Screening questionnaire 1,280 1 1,280 0.133 (8 min.) 170.24 Focus group discussion 160 1 160 1.5 (90 min.) 240 Total 410.24

    Respondents: Consumers.

    Estimated No. of Respondents: 2,560.

    Estimated No. of Annual Responses per Respondent: 1.

    Estimated Total Burden on Respondents: 820.48 hours.

    Copies of this information collection assessment can be obtained from Gina Kouba, Office of Policy and Program Development, Food Safety and Inspection Service, USDA, 1400 Independence SW., Room 6077, South Building, Washington, DC 20250, (202)690-6510.

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of FSIS's functions, including whether the information will have practical utility; (b) the accuracy of FSIS's estimate of the burden of the proposed collection of information, including the validity of the method and 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, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques, or other forms of information technology. Comments may be sent to both FSIS, at the addresses provided above, and the Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget, Washington, DC 20253.

    Responses to this notice will be summarized and included in the request for OMB approval. All comments will also become a matter of public record.

    Additional Public Notification

    Public awareness of all segments of rulemaking and policy development is important. Consequently, FSIS will announce this Federal Register publication on-line through the FSIS Web page located at: http://www.fsis.usda.gov/federal-register.

    FSIS also will make copies of this publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, Federal Register notices, FSIS public meetings, and other types of information that could affect or would be of interest to our constituents and stakeholders. The Update is available on the FSIS Web page. Through the Web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an email subscription service which provides automatic and customized access to selected food safety news and information. This service is available at: http://www.fsis.usda.gov/subscribe. Options range from recalls to export information, regulations, directives, and notices. Customers can add or delete subscriptions themselves, and have the option to password protect their accounts.

    USDA Non-Discrimination Statement

    No agency, officer, or employee of the USDA shall, on the grounds of race, color, national origin, religion, sex, gender identity, sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, or political beliefs, exclude from participation in, deny the benefits of, or subject to discrimination any person in the United States under any program or activity conducted by the USDA.

    How To File a Complaint of Discrimination

    To file a complaint of discrimination, complete the USDA Program Discrimination Complaint Form, which may be accessed online at http://www.ocio.usda.gov/sites/default/files/docs/2012/Complain_combined_6_8_12.pdf, or write a letter signed by you or your authorized representative.

    Send your completed complaint form or letter to USDA by mail, fax, or email:

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410, Fax: (202) 690-7442, Email: [email protected].

    Persons with disabilities who require alternative means for communication (Braille, large print, audiotape, etc.), should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD).

    Done at Washington, DC, on: November 15, 2017. Paul Kiecker, Acting Administrator.
    [FR Doc. 2017-25099 Filed 11-17-17; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Rural Utilities Service Announcement of Loan Application Procedures, and Deadlines for the Rural Energy Savings Program AGENCY:

    Rural Utilities Service, USDA.

    ACTION:

    Notice of Funding Availability (NOFA); the RESP application process and deadlines.

    SUMMARY:

    The Rural Utilities Service (RUS), an agency of the United States Department of Agriculture (USDA), is announcing funding availability and is soliciting letters of intent for loan applications under the Rural Energy Savings Program (RESP), announcing the application process for those loans and deadlines for applications from eligible entities. These loans are made available under the authority of Section 6407 of the Farm Security and Rural Investment Act of 2002, as amended, (Section 6407) and the Title III, Section 769 of the Consolidated Appropriations Act, 2017. This notice describes the eligibility requirements, the application process and deadlines, the criteria that will be used by RUS to assess Applicants' creditworthiness, and how to obtain application materials.

    DATES:

    The application process consists of two steps. To be considered for this funding, Applicants must submit their documentation no later than the mandatory dates set forth herein.

    Step 1: To be considered for financing pursuant to this notice, an Applicant seeking financing must submit a Letter of intent to apply, as provided herein, in an electronic Portable Document Format (PDF), not to exceed 10 MB in size, by electronic mail (email) to [email protected] no later than 11:59 p.m. (EST) on January 19, 2018. Late or incomplete Letters of Intent will not be considered by RUS.

    Step 2: An RESP Applicant that has been invited in writing by RUS to proceed with the loan application, as provided in this NOFA, will have up to sixty (60) days to complete the documentation for a complete application. The sixty (60) day timeframe will begin from the date the RESP Applicant receives an email with RUS' Invitation to proceed. If the deadline to submit the completed application falls on Saturday, Sunday, or a Federal holiday, the application is due the next business day. Instructions on how to submit the loan application package will be included in the RUS Invitation to proceed to the RESP Applicant.

    ADDRESSES:

    Copies of this NOFA and other information on the Rural Energy Savings Program may be obtained by:

    (1) Contacting Robert Coates at (202) 260-5415 to request a copy of this Notice.

    (2) Sending an electronic mail (email) to [email protected] The email must be identified as RESP Notice of Funding Availability in the subject field.

    (3) The Letter of intent must be submitted by the Applicant in an electronic PDF (PDF) format not to exceed 10 Megabytes (10 MB) by electronic mail (email) to [email protected] on or before the deadline set forth herein. No paper letters of intent will be accepted.

    (4) The completed loan application package must be submitted following the instructions that will be outlined in the RUS Invitation to proceed to the RESP Applicant. The loan application package must be marked with the subject line “Attention: Christopher McLean, Assistant Administrator for the Electric Program; RESP Loan Application.”

    FOR FURTHER INFORMATION CONTACT:

    Robert Coates, Rural Utilities Service—Electric Program, Rural Development, United States Department of Agriculture, 1400 Independence Avenue SW., STOP 1568, Room 0217-S, Washington, DC 20250-1560; Telephone: (202) 260-5415; Email [email protected]

    SUPPLEMENTARY INFORMATION:

    Overview

    Federal Agency: Rural Utilities Service (RUS), USDA.

    Funding Opportunity Title: Rural Energy Savings Program (RESP).

    Announcement Type: Requests for Letter of intent and Applications.

    Catalog of Federal Domestic Assistance (CFDA) Number: 10.751.

    Dates: Submit the Letter of intent on or before January 19, 2018 and the completed loan application package on or before sixty (60) days from the receipt date of a written RUS Invitation to proceed.

    Administrative Procedure Act Statement

    This NOFA is being issued without advance rulemaking or public comment. The Administrative Procedure Act of 1946, as amended (5 U.S.C. 553) (APA), has several exemptions to rulemaking requirements. Among them is an exception for a matter relating to “loans, grants, benefits, or contracts.” Furthermore, the 30 day effective date policy is excepted for “good cause.” USDA has determined, consistent with the APA that making these funds available under this NOFA for the RESP is in the public interest since the Consolidated Appropriations Act, 2017 (Pub. L. 115-31) appropriated a budget authority of $8,000,000 until September 30, 2018 and the Farm Security and Rural Investment Act of 2002, as amended, authorized the program until that very same date. RUS is using its experience operating under the 2016 Notice of Solicitation for Applications and this NOFA in its effort to undertake a rulemaking process to more permanently codify requirements.

    Information Collection and Recordkeeping Requirements

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 35), OMB approved this information collection under OMB Control Number 0572-0151. The current expiration date for the information collection is December 31, 2019.

    Definitions and Rules of Grammatical Construction

    For the purpose of RESP, the following terms must have the following meanings:

    Administrator means the Administrator of the Rural Utilities Service, an agency under the Rural Development mission area of the United States Department of Agriculture.

    Applicant means an Eligible entity interested in applying for a RESP that is planning to submit a Letter of intent.

    Commercially available technology means equipment, devices, applications, or systems that have a proven, reliable performance and replicable operating history specific to the proposed application. The equipment, device, application or system is based on established patented design or has been certified by an industry-recognized organization and subject to installation, operating, and maintenance procedures generally accepted by industry practices and standards. Service and replacement parts for the equipment, device, application or system must be readily available in the marketplace with established warranty applicable to parts, labor and performance.

    Completed loan application means an application containing all information required by RUS to approve a loan and that is materially complete in form and substance satisfactory to RUS within the specified time.

    Conditional commitment letter means the notification issued by the Administrator to a RESP Applicant advising it of the total loan amount approved for it as a RESP borrower, the acceptable security arrangement, and such controls and conditions on the RESP borrower's financial, investment, operational and managerial activities deemed necessary by the Administrator to adequately secure the Government's interest. This notification will also describe the accounting standards and audit requirements applicable to the transaction.

    Conflict of interest means a situation or situations, event or series of events, that jointly or severely undermines an individual's judgement, ability, or commitment to providing an accurate, unbiased, fair and reliable assessment or determination about the cost-effectiveness of the Energy efficiency measures due to self-interest or cannot be justified by the prevailing and sound application of the generally accepted standards and principles of the industry.

    Eligible entity means an entity described in section C.1. of this NOFA.

    Energy audit means an analysis or inspection of the energy flows in a building, process, or system with the goal of identifying opportunities to enhance energy efficiency. The activity should result in an objective standard-based technical report containing recommendations on the Energy efficiency measures to reduce energy costs or consumption of the Qualified consumer and an analysis of the estimated benefits and costs of pursuing each recommendation in a payback period not to exceed 10 years. The report will include a payback analysis of the aggregated energy efficiency measures.

    Energy efficiency measures means for or at a property served by an Eligible entity, structural improvements or investments in cost-effective, commercially available technologies that result in a decrease in a Qualified consumer's energy usage or costs.

    Energy efficiency program (EE Program) means a program set up by an Eligible entity to provide financing to Qualified consumers so that they can reduce their energy use or costs by implementing energy efficiency measures.

    Financial feasibility means an Eligible entity's ability to generate sufficient revenues to cover its expenses, sufficient cash flow to service its debts and obligations as they come due, and meet the financial ratios set forth in the applicable loan documents.

    Invitation to proceed means the written notification issued by RUS to the Eligible entity acknowledging that the Letter of intent was received and reviewed, describing the next steps in the application process and inviting the Eligible entity to submit a complete application.

    Key performance indicators means the set of measures that help an entity to determine if it is reaching its performance and operational goals. These indicators can be both financial and non-financial.

    Letter of intent means a signed letter issued by an Applicant notifying RUS of its intent to apply for a RESP loan and addressing all the elements identified in section D.1.a. of this NOFA.

    Qualified consumer means a consumer served by an Eligible entity that has the ability to repay a loan made by an RESP borrower under the RESP program, as determined by the Eligible entity.

    RESP applicant means an Eligible entity that has received a written Invitation to proceed from RUS to apply for a RESP loan.

    RESP borrower means an Eligible entity with an approved RESP loan.

    Small business means an entity that is in accordance with the Small Business Administration's (SBA) small business size standards found in 13 CFR part 121.

    Special advance means an advance, not to exceed 4 percent of the total approved loan amount, that a RESP borrower may request to defray the start-up costs of establishing a new EE Program.

    Start-up costs mean amounts paid or incurred for: (a) Creating or implementing an active energy efficiency program; or (b) investing in the integration of an active energy efficiency program. Start-up costs may include, but are not limited to, amounts paid or incurred in the analysis or survey of potential markets, products such as software and hardware, labor supply, consultants, salaries and other working capital directly related to creation or enhancement of an energy efficiency program consistent with RESP.

    With regard to the rules of grammatical construction, unless the context otherwise indicates, “includes” and “including” are not limiting, and “or” is not exclusive.

    Additional Items in Supplementary Information A. Program Description B. Federal Award Information C. Eligibility Information D. Application and Submission Information E. Agency Review of Letter of intent and Loan Application F. Federal Award Administration Information G. Federal Awarding Agency Contact H. Other Information A. Program Description

    The USDA through the Rural Utilities Service (RUS) provides RESP loans to Eligible entities that agree to, in turn, make loans to Qualified consumers for the purpose of implementing Energy efficiency measures. These loans are made available under the authority of Section 6407. Eligible Energy efficiency measures funded under this NOFA must be for or at a property or properties served by a RESP borrower, using commercially available technologies that would allow Qualified consumers to decrease their energy use or costs through cost-effective measures including structural improvements to the structure. Loans made by RESP borrowers under this program may be repaid through charges added to the Qualified consumer's bill for the property or properties for, or at which, energy efficiencies are or will be implemented. The purpose of the program is to help rural families and small businesses achieve cost savings by providing loans to Qualified consumers to implement durable cost-effective Energy efficiency measures.

    B. Federal Award Information

    Type of Award: Loan.

    Fiscal Year 2017 Funds: $8,000,000 in budget authority through September 30, 2018.

    Authority: RESP is a program to be carried out by the Rural Utilities Service pursuant to Section 6407 of the Farm Security and Rural Investment Act of 2002, 7 U.S.C. 8107a, as amended; and Section 769, Title VII, Division A of the Consolidated Appropriations Act, 2017, Public Law 115-31, May 5, 2017.

    C. Eligibility Information 1. Eligible Entities Include

    a. Any public power district, public utility district, or similar entity, or any electric cooperative described in section 501(c)(12) or 1381(a)(2) of the Internal Revenue Code of 1986, that borrowed and repaid, prepaid, or is paying an electric loan made or guaranteed by the Rural Utilities Service (or any predecessor agency);

    b. Any entity primarily owned or controlled by 1 or more entities described in section C.1.a. of this NOFA; and

    c. Any other entity that is an eligible borrower of the Rural Utilities Service, as determined under 7 CFR 1710.101.

    2. Equity Contributions

    a. To be eligible for a RESP loan, a newly created Eligible entity or an entity primarily owned or controlled by one (1) or more entities described in section C.1.a. of this NOFA must have a minimum equity position in the EE Program proposed to be funded with RESP at the time of the loan closing and the Eligible entity will be required to continue to maintain the minimum equity position for the period of time determined by the Administrator and as set forth in the loan documents. The required equity position and terms will be determined by the Administrator on a case-by-case basis based upon review of the risk profile of the Eligible entity and other security arrangements.

    b. If the Administrator determines that the RESP Applicant under this section does not have acceptable equity, in the Energy Efficiency Program at the time of application, the Administrator may consider the following to meet such shortfall regarding equity:

    i. The infusion of additional capital into the Energy efficiency program by an Investor to meet any shortfall. RUS may require that the additional capital be deposited into a RESP Applicant's special account subject to a deposit account control agreement with RUS prior to loan closing.

    ii. An unconditional, irrevocable letter of credit satisfactory to the Administrator in the amount of the shortfall. RUS must be an unconditional payee under the letter of credit and the letter of credit must be in place prior to loan closing and remain in place until the loan is repaid.

    iii. General obligation bonds issued by tribal, state or local governments in the amount of the shortfall. If the equity requirement is satisfied with general obligation bonds, any lien securing the bonds must be subordinate to the lien of the government securing the RESP loan.

    iv. Any other equity requirements determined necessary by the Administrator to meet the shortfall.

    D. Application and Submission Information

    Complete applications for loans to Eligible entities under this NOFA will be processed on a first-come-first-serve basis (queue) until funds appropriated to carry out RESP are expended on or before September 30, 2018. RUS will give priority to the Eligible entities in the queue pursuant to the NOFA issued on June 21, 2016 and that have not been invited to proceed yet. The Administrator may use the queued entities, provided they still meet the applicable requirements, pursuant to this NOFA should funding become available in the future. To be considered for this funding, Applicants must submit their documentation no later than the mandatory dates set forth in this NOFA. The application process consists of two steps.

    1. Step 1: Letter of Intent—To be considered for financing pursuant to this notice, an Applicant seeking financing must submit a mandatory Letter of intent with the following information no later than 11:59 p.m. (EST) on January 19, 2018. Applicants must submit all the information identified in the Letter of intent “Evaluation Criteria Checklist” available online at the following Web address: http://www.rd.usda.gov/resp/. A sample Letter of intent is available online at the following Web address: www.rd.usda.gov/files/RD-RUS-SampleLetterofIntent.pdf.

    By submitting the Letter of intent, the Applicant certifies to RUS that it has the intent of submitting a complete RESP loan application on or before the date set forth as the application deadline in the event that RUS provides an Invitation to proceed. RUS will not consider Letters of intent where the project description exceeds five (5) pages. An Invitation to proceed with the loan application sent by the RUS is not to be deemed as an offer by the Agency. The Letter of intent must contain the following:

    a. Applicant's Profile and Point of Contact—

    i. Name and legal status of the Eligible entity and its address and principal place of business.

    ii. The Eligible entity's tax identification number, DUNS and Bradstreet (D&B) number.

    iii. Specify if the Eligible entity is a current or a former RUS borrower.

    iv. Identify the service territory.

    v. Identify the net assets value and specify if the Eligible entity has been placed in receivership liquidation, or under a workout agreement or declared bankruptcy or has had a decree or order issued for relief in any bankruptcy, insolvency or other similar action over the last 10 years. The Applicant must submit a copy of its balance sheet and income statements for the last 3 years. If applicable, the Applicant must provide the balance sheet and income statements for the last 3 years of the entity or entities providing equity or security for the RESP loan together with an explanation of the legal relationship among the legal entities.

    vi. Identify a point of contact and provide contact information.

    b. The description of the project must not exceed five (5) pages (size 8.5 × 11) and must include the following:

    i. A description of the service to be provided to Qualified consumers.

    ii. Identity of the staff or contractors that will be implementing the EE Program and their credentials.

    iii. Implementation plan that briefly addresses:

    A. The marketing strategy.

    B. How the Applicant will operate the relending process.

    C. A schedule showing sources and uses of funds to implement the EE Program.

    D. A brief description of the processes, procedures, and capabilities to quantify and verify the reduction in energy consumption or decrease in the energy costs of the Qualified consumers.

    iv. A list of eligible Energy efficiency measures that will be implemented. An Applicant with an existing EE Program in place by April 8, 2014, may describe the Energy efficiency measures, its implementation plan, and its measurement and verification system for the existing program in its Letter of intent to expedite the application process.

    c. The Applicant must provide evidence of its key performance indicators for the 5 complete years prior to the submission of the loan application if the total loan amount exceeds 5 million dollars.

    2. Step 2: Loan Application—A RESP Applicant that has been invited in writing by RUS to proceed with the loan application, as provided in this NOFA, will have up to sixty (60) days to complete the documentation for a complete application. The sixty (60) day timeframe will begin from the date the RESP Applicant receives an email with RUS' Invitation to proceed. If the deadline to submit the completed application falls on Saturday, Sunday, or a Federal holiday, the application is due the next business day. The Administrator may grant an extension of time to complete the documentation required for an application if, in the Administrator's sole judgment, extraordinary circumstances prevented the RESP Applicant from completing the application within the timeframe herein stipulated (60 days). An Applicant may not submit more than one application in this funding cycle for the same EE Program. However, one or more Eligible entities may submit their applications using the same EE Program model. In extending an Invitation to proceed to an Applicant in the queue, RUS reserves the right to meet overall RUS Program objectives and therefore, may notify the Applicant that the amount of financing to be awarded is below the level sought by the Applicant.

    Instructions on how to submit the loan application package will be included in the RUS Invitation to proceed to the RESP Applicant. An initial conference call will be scheduled within 10 days from the date of the written invitation to proceed with the RESP loan application and a General Field Representative (GFR) will be assigned to assist the RESP Applicant during this part of the application process.

    a. Loan Application Package—The RESP Applicant's application package must include the following documents:

    i. Cover Letter. A signed cover letter from the RESP Applicant's General Manager or highest ranking officer requesting a RESP loan under this NOFA.

    ii. Board Resolution. A signed copy of the board resolution or applicable authorizing document approving and establishing the EE Program.

    iii. Environmental Compliance Agreement. A copy of the duly executed Multi-tier Action Environmental Compliance Agreement (Multi-tier Agreement). A template of a Multi-tier Agreement can be found in Exhibit H of RD Instruction 1970-A, Environmental Policies and Procedures (http://www.rd.usda.gov/files/1970a.pdf). A copy of the Multi-tier Agreement will be provided to the RESP Applicant with the Invitation to proceed and discussed with the RESP Applicant in the initial conference call.

    iv. Financial Forecast. A financial forecast approved by the applicable governing body of the RESP Applicant in support of its loan application. RUS encourages RESP Applicants to follow the format set forth in RUS Form 325, which may be obtained from a GFR. The financial forecast must cover a period of at least 10 years and must demonstrate that the RESP Applicant's operation is economically viable and that the proposed loan is financially feasible. RUS may request projections for a longer period of time, or additional information, if RUS deems it necessary based on the financial structure of the RESP Applicant and necessary to make a determination regarding loan feasibility. The financial forecast and related projections submitted in support of a loan application must include:

    A. Current and projected cash flows.

    B. A pro forma balance sheet, statement of operations, and general funds summary projected for each year during the forecast period. The requested RESP loan must be included in the financial forecast.

    C. The financial goals established for margins, debt service coverage, equity, and levels of general funds to be invested in the EE Program. The financial forecast must use the accrual method of accounting for analyzing costs and revenues and, as applicable, compare the economic results of the various alternatives on a present value basis.

    D. A full explanation of the assumptions, supporting data, and analysis used in the forecast, including the methodology used to project revenues, operating expenses, power costs, and any other factors having a material effect on the balance sheet and the financial ratios such as equity and debt service coverage. RUS may require additional data and analysis on a case-by-case basis to assess the probable future competitiveness of the RESP Applicant.

    E. Current and projected non-operating income and expense.

    F. An itemized budget and schedule for the activities to be implemented with the RESP funds and a discussion on how the loan loss reserve will be set up, the expected delinquency and default rates. The RESP applicant is expected to forecast the amount of loans to be made to Qualified consumers over a 10 year timeframe. If the RESP Applicant determines to charge interest, the RESP Applicant must describe how it is going to use the funds generated from the interest to be received from the loans to the Qualified consumers.

    G. A sensitivity analysis may be required by RUS on a case-by-case basis.

    v. EE Program Implementation Work Plan (IWP). The RESP Applicant must produce, to the satisfaction of the Administrator, an IWP, duly approved by the applicable governing body of the Eligible entity. The IWP must address all the following core elements:

    A. Marketing. In this section the RESP Applicant will identify the qualified customers by market segment that will benefit from the funding available under this NOFA and explains the marketing and outreach efforts to be executed in implementing the relending program. In the identification of the marketing effort to the qualified customers, the RESP Applicant should provide racial and ethnic demographics for the service area or individuals.

    B. Operations. In this section the RESP Applicant will describe its Energy efficiency program and how it will operate the relending process. The RESP Applicant must also identify the staff that will be implementing the program, including the tasks that each one will be carrying out, and whether or not it will be outsourcing some or all of the execution of the program.

    The RESP Applicant must describe its expertise and the credentials of any third party implementing outsourced tasks to effectively implement the Energy efficiency measures at the scale contemplated by the EE Program for which RESP funding is requested. The statement of qualifications must show the party's experience carrying out the financial and technical expertise components of an EE program at the desired scale. The RESP Applicant will be held accountable to RUS for actions or omissions departing from the required standards by those partners or contractors, arising from or in connection with an EE Program funded under this NOFA.

    In this section the RESP Applicant will identify the anticipated amount of special advance for start-up costs and purposes over the expected schedule to draw down the funds attributable to such purposes. In addition, the RESP Applicant will describe the expected schedule to implement the EE Program with an itemized allocation of expected resources including anticipated costs assigned to each task. The IWP must only include those activities and investments identified in the Multi-tier Agreement executed between RUS and the RESP Applicant. If any additional activities or investments are to be pursued, additional environmental review would be required.

    The RESP Applicant must describe the processes and procedures that will be put in place to avoid a Conflict of interest in the implementation of the energy efficiency loan program for Qualified consumers.

    C. Financials. The RESP Applicant must address the items identified in the Financial Forecast section of this NOFA, Section D.2.a.iv.

    D. Measurement and Verification. The RESP Applicant must describe the processes, procedures, and capabilities to quantify and verify the reduction in energy consumption or decrease in energy costs of the Qualified consumers. An RESP Applicant may provide a measurement and verification plan approved by a state or local regulatory body or sponsored by a governmental entity. A measurement and verification plan developed and certified by an industry recognized professional or entity will also be acceptable. Other measurement and verification plans may be acceptable if the Eligible entity can support, to the satisfaction of the Administrator, that the protocols and methodology used to verify the Energy efficiency measures are cost-effective and follow generally accepted industry principles and standards. An RESP Applicant with an existing EE Program as of April 8, 2014, may submit the measurement and verification plan previously established to fulfill this requirement.

    vi. Articles of incorporation and bylaws or other applicable governing and organizational documents. The RESP Applicant must provide the Applicant's articles of incorporation or other applicable organizational documents currently in effect, as filed with the appropriate state office, setting forth the RESP applicant's corporate purpose; and the bylaws or other applicable governing documents currently in effect, as adopted by the RESP Applicant's applicable governing body. RESP Applicants that are active RUS borrowers may comply with this requirement by notifying in writing to RUS that there are no material changes to the documents already on file with RUS.

    vii. Statement of Compliance with other federal statutes. The RESP Applicant must provide statement of compliance with other federal statutes, including but not limited to the following:

    A. Nondiscrimination in Federally Assisted Programs. 7 CFR part 15, subpart A, Nondiscrimination in Federally-Assisted Programs of the Department of Agriculture—Effectuation on Title VI of the Civil Rights Act of 1964, RUS Bulletin 1790-1, “Nondiscrimination Among Beneficiaries of RUS Program.” Eligible entities must complete and submit RUS Form 266, Assurance Agreement.

    • Signing Form 266 (“Assurance Agreement”) Each prospective recipient must sign Form 266, Assurance Agreement, which assures USDA that the recipient is in compliance with Title VI of the Civil Rights Act of 1964, 7 CFR part 15 and other Agency regulations. That no person will be discriminated against based on race, color or national origin, in regard to any program or activity for which the recipient receives Federal financial assistance. That nondiscrimination statements are in advertisements and brochures.

    • Collect and maintain data provided by ultimate beneficiaries on race, sex, and national origin. Race and ethnicity data will be collected in accordance with OMB Federal Register notice, “Revisions to the Standards for the Classification of Federal Data on Race and Ethnicity,” (62 FR 58782), October 30, 1997. These items should not be submitted with the application but should be available upon request by the Agency.

    • The applicant and the ultimate recipient must comply with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Age Discrimination Act of 1975, Equal Credit Opportunity Act, Executive Order 12250, Executive Order 13166 Limited English Proficiency (LEP), and 7 CFR part 1901, subpart E.

    • Civil rights compliance reviews should be conducted by the Agency at pre award and post award. The results of the review should be documented on Form 9, Compliance Review, and appropriate documentation attached to substantiate findings of compliance or noncompliance. The original Form 9 should be maintained in the case file with copies forwarded to the Rural Development Program Compliance Branch. If the recipient is not in compliance, copies must be immediately forwarded to the Director, Civil Rights Staff, with a recommendation for action to be taken.

    • RD Instruction 2006-P requires that a Civil Rights Impact Analysis be conducted prior to approving or implementing a wide range of Agency activities. The Agency will prepare Form RD 2006-38, Civil Rights Impact Analysis, on the recipient.

    • Signing Form 400-1 Equal Opportunity Agreement in accordance with Executive Order 11246. The requirement of the Equal Opportunity Clause within a construction contract where federal financial assistance exceeds $10,000.

    B. Standard Form 100—Equal Employment Opportunity Employer Report EEO-1. This form, required by the Department of Labor, sets forth employment data for Eligible entities with 100 or more employees. A copy of this form, as submitted to the Department of Labor, is to be included in the application for an insured loan if the Eligible entity has more than 100 employees.

    C. Form AD-1049—Certificate Regarding Drug Free Workplace Requirements. This form is required as prescribed in 2 CFR parts 182 and 421, Requirements for Drug Free Workplace (Financial Assistance). Information on all of your organization's known workplaces by including the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Workplace identification is required under the drug-free workplace requirements in Subpart B of 2 CFR part 421, which adopts the Government-wide implementation (2 CFR part182) of the Drug-Free Workplace Act.

    D. Form AD-1047—Certification Regarding Debarment, Suspension, and Other Responsibility Matters. This form is required in accordance with 2 CFR part 417 (Nonprocurement Debarment and Suspension) supplemented by 2 CFR part 180, if it applies. See the section heading is “What information must I provide before entering into a covered transaction with the Federal Government? ” located at 2 CFR 180.335.

    E. Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” For information on limited English proficiency and agency-specific guidance, go to http://www.LEP.gov.

    F. Lobbying for Grants, Loans, Contracts and Cooperative Agreements. The information on lobbying is required pursuant to 2 CFR part 418. The RESP Applicant should consult RUS before submitting this information.

    G. Report on Federal debt delinquency. This report indicates whether or not the RESP Applicant is delinquent on any Federal debt.

    H. Certify Accounting, Auditing, and Reporting Requirements. The RESP Applicant must certify to RUS that it is aware of and will abide by the accounting, auditing, and reporting requirements as described within the Federal Award Administration Information section of this NOFA.

    I. Dun and Bradstreet Universal Numbering System (DUNS). The Dun and Bradstreet Universal Numbering System (DUNS Unique entity identifier and System for Award Management (SAM). Applicants must supply a Dun and Bradstreet Data Universal Numbering System (DUNS) number with their Letters of Intent and RESP Applicants with their loan application. Please see http://fedgov.dnb.com/webform. RESP Applicant are required to be registered in SAM before submitting an application, provide a valid unique entity identifier in the application, and continue to maintain an active SAM registration with current information at all times during which the entity has an active Federal award or an application or plan under consideration by a Federal awarding agency. The agency may not make a Federal award to a RESP Applicant until the RESP Applicant has complied with all applicable unique entity identifier and SAM requirements. If a RESP Applicant has not fully complied with the requirements by the time the Federal awarding agency is ready to make a Federal award, the Federal awarding agency may determine that the RESP Applicant is not qualified to receive a Federal award and use that determination as a basis for making a Federal award to another RESP Applicant. Applicants may register for the SAM at http://www.sam.gov/portal/public/SAM. To remain registered in SAM, the Applicant must review and update the information in the SAM database annually from the date of initial registration or last update. Applicants must ensure that the information in the database is current, accurate, and complete.

    E. Agency Review: Letter of Intent and Loan Application

    1. General—Loans made to RESP Applicants for eligible purposes under this program will be made only when the Administrator, in his judgment, finds that there is reasonably adequate security and the loan will be repaid within the time agreed.

    The Administrator, on case-by-case basis, may set financial coverage ratios based on the risk profile of the RESP Applicant and specific loan terms. Those financial ratios will be included in the RESP borrower's loan documents with RUS. Existing RUS borrowers will be subject to their current debt service coverage ratios in their current loan documents, unless notified otherwise. A RESP Applicant must, after submitting a loan application, promptly notify RUS of any changes in its circumstances that materially affect the information contained in the loan application.

    2. Letter of Intent Review—RUS will consider complete Letters of intent as they are received. Upon review of the Letters of Intent, RUS will issue a notification to the Applicant indicating the result of the initial screening. Letters of intent will be reviewed by RUS for the following:

    a. Eligibility to participate in RESP in accordance with section C. of this NOFA.

    b. Eligibility and feasibility of the project. Compliance with the purpose of Section 6407 to help rural families and small businesses achieve cost savings by providing loans to Qualified consumers to implement durable cost-effective Energy efficiency measures.

    c. The financial status of the Applicant to determine the Applicant's likelihood to complete the full application.

    3. Loan Application Review

    a. Loan Feasibility. Based on the complete application, RUS must have reasonable assurance that the loan, together with all other outstanding loans and other obligations of the RESP Applicant, will be repaid in full as scheduled, in accordance with the loan documents. In making a finding of loan feasibility, RUS will consider, among others: (i) That expected amount of loans and loan amounts are based on reasonable assumptions and adequate supporting data and analysis; (ii) the interest rate, application fees, servicing fees and any other fees expected to be charged to the Qualified consumer per customer class; (iii) the projected revenues, expenses, and any other reliable financial information that could enable RUS to assess its ability to repay the loan within a term not to exceed 20 years; (iv) the ability of the RESP Applicant to meet the required coverage ratios; (v) such risk factors that may substantially impair the RESP Applicant's ability to operate a sustainable business; (vi) supplemental sources of funding to carry out the EE Program; (vii) management's experience implementing EE Programs at the expected scale; and (viii) the financial and management controls in place.

    b. Loan Security. Loans will ordinarily be secured by a first and prior lien on substantially all the RESP borrower's property, and in any event will be secured by the best security position practicable in a manner which will adequately protect the interest of the Government during the repayment period of the loan. Collateral that is used to secure a loan must ordinarily be free from liens or security interests other than those permitted by RUS or existing security documents. RUS may in certain circumstances agree to share its first lien position with another lender provided the RESP loan is adequately secured and the security arrangements are acceptable to RUS. In such circumstances, RUS will consider entering into joint security arrangements with other lenders on a pari passu basis.

    c. Loan Term. Amortization schedule must be based on a loan term that does not exceed 20 years from the date on which the loan is closed.

    d. EE Program Compliance. Proceeds from a RESP loan may only be used for loans to Qualified consumers for the purpose of implementing Energy efficiency measures that decrease energy (not just electricity) usage or costs of the Qualified consumer by an amount that ensures, to the maximum extent practicable, that a loan term of not more than 10 years will not pose an undue financial burden on the Qualified consumer.

    Proceeds from the interest charged to the Qualified consumers may be used to establish a loan loss reserve, and to offset personnel and program costs necessary to carry out the program. Nonetheless, under no circumstances will the RESP borrower be able to charge more than 3 percent interest rate to its customers. Loans made by the RESP borrower to Qualified consumers may not exceed 10 years.

    Qualified consumers must ordinarily repay their loans to the RESP borrower through charges added by the RESP borrower to the electric bill associated with the property where the Energy efficiency measures are or will be implemented. The repayment mechanism adopted to implement an EE Program under RESP must not prevent the voluntary prepayment of the loan by the owner of the property. A RESP borrower may adopt any other repayment mechanism to carry out its EE Program with RESP proceeds as long as it can demonstrate that the proposed repayment mechanism has appropriate risk mitigation features and ensures repayment to the RESP borrower if the Qualified consumer will no longer be a customer of the RESP borrower.

    Loans made by a RESP borrower to a Qualified consumer using RESP loan funds must require an Energy audit by the RESP borrower to determine the impact of the proposed Energy efficiency measures on the energy costs and consumption of the Qualified consumer. The RESP borrower may engage contractors to carry out the Energy audits necessary to fulfill this requirement. In so doing, the RESP borrower must engage contractors with adequate expertise to perform the Energy audits according to the applicable standards of the industry. The credentials of the energy auditors used or proposed to be used by the RESP Applicant will be subject to RUS review. RUS may reject a loan application or refuse to disburse loan proceeds to the RESP borrower that fails to demonstrate that the Energy audits will be or have been performed by qualified individuals.

    4. Ancillary Provisions

    a. Contractor's Expertise—Contractor's adequate expertise may be determined by using the following criteria:

    i. Contractor's staff possesses a current residential or commercial Energy auditor or building analyst certification from a national, industry-recognized organization.

    ii. Contractor's staff possesses proficiency in the knowledge, skills and abilities needed to conduct whole house assessments, building performance diagnostics and reasoning, and estimates of energy savings from improvement installations (via calculations or a modeling software tool) accredited by training and credentialing. The credentialing process must be at least as robust as those employed by nationally recognized certification bodies or suitable to meet or exceed the rigor of the standards of federal, state or local government entities.

    iii. The contractor must demonstrate adequate capacity and resources to engage customers, conduct whole house assessments, building performance testing and diagnostic reasoning, and fulfillment of all program data collection and reporting requirements. This includes having access to satisfactory diagnostic equipment, tools, qualified staff, data systems and software, and administrative support.

    iv. The contractor must be current and in good standing with all local registration and licensing requirements for their specific region and trade.

    v. The contractor must employ or sub-contract to companies with workers who are qualified to install or physically oversee the installation of home performance improvements in compliance with local building codes and industry-accepted protocols.

    vi. In the absence of fulfilling the first criterion under this subsection, the contractor for commercial Energy audits, must meet one of the following criteria:

    A. Be a licensed professional engineer in the state in which the audit is conducted with at least 1 year experience and who has completed at least two similar type Energy audits;

    B. Be an individual with a four-year engineering or architectural degree with at least 3 years of experience and who has completed at least five similar type Energy audits; or

    C. Be an individual with an energy auditor certification recognized by the U.S. Department of Energy through its Better Buildings Workforce Guidelines project. For related information please visit: https://www4.eere.energy.gov/workforce/projects/workforceguidelines.

    b. Collateral. RUS generally requires that borrowers provide it with a first priority lien on all of the borrower's real and personal property, including intangible personal property and any property acquired after the date of the loan. For existing RUS borrowers, the agency may, at its sole discretion, rely on existing security arrangements with RUS. When a RESP borrower is unable by reason of preexisting encumbrances, or otherwise, to furnish a first priority lien on its entire system, the Administrator may accept other forms of security, such as a parent guarantee, state guarantee, an irrevocable letter of credit, or a pledge of revenues if the Administrator determines such credit support is reasonably adequate and otherwise acceptable in form and substance.

    c. Appeal Rights. Applicants and RESP Applicants have appeal or review rights for Agency decisions made under this NOFA. Programmatic decisions based on clear and objective statutory or regulatory requirements are not appealable; however, such decisions are reviewable for appealability by the National Appeals Division (NAD). An Applicant and a RESP Applicant can appeal any Agency decision that directly and adversely impacts it. Appeals will be conducted by USDA NAD and will be handled in accordance with 7 CFR part 11.

    d. Eligible Activities and Investments. A RESP borrower may provide financing to Qualified consumers to implement or invest in one or more set of Energy efficiency measures listed in this section. However, a RESP borrower may be able to fund other Energy efficiency measures if it can justify, to the satisfaction of the Administrator, that the proposed Energy efficiency measure is cost effective and the technology is commercially available. Eligible activities and investments include, but are not limited, to:

    i. Lighting:

    A. Lighting fixture upgrades to improve efficiency.

    B. Re-lamping to more energy efficient bulbs.

    C. Lighting controls.

    ii. Heating, Ventilation, and Air Conditioning (HVAC):

    A. Central Air Systems—Energy Star qualified equipment.

    B. Economizers.

    C. Heat pumps.

    D. Furnaces—Energy Star qualified equipment.

    E. Air Handlers.

    F. Programmable controls.

    G. Duct sealing.

    iii. Building Envelope Improvements:

    A. Improved insulation—added insulation beyond existing levels, or above existing building codes.

    B. Caulking and weather stripping of doors and windows.

    C. Window upgrades—Energy Star qualifying windows.

    D. Door upgrades—door upgrades could include man-doors, and overhead doors with integrated insulation and energy efficient windows.

    E. Materials listed in Appendix A to Part 440 of the U.S. Department of Energy's Weatherization Assistance Program, 10 CFR part 440, Appendix A—Standards for Weatherization Materials.

    iv. Water Heaters.

    v. Compressed Air Systems.

    vi. Motors:

    A. High efficiency motors—motors with a rated efficiency beyond the Energy Policy Act standards.

    B. Variable frequency drive.

    vii. Boilers, dryers, heaters and process-related equipment or equipment not otherwise specified, e.g. commercial coolers and freezers.

    viii. Energy audits.

    ix. On or Off Grid Renewable energy systems if consistent with the statutory purpose of RESP.

    x. Energy storage devices if permanently installed to reduce the energy cost or usage of small businesses and families within a rural area.

    xi. Energy efficient appliance upgrades if attached to real property as fixtures.

    xii. Irrigation or water and waste disposal system efficiency improvements.

    xiii. Necessary and incidental activities and investments directly related to implementation of an Energy efficiency measure.

    e. Funding Disbursements and Restriction.

    i. General. RUS will disburse RESP funds to the RESP borrower in accordance with the terms of the executed loan documents. Excluding the special advance for start-up activities, all loan funds will be disbursed either as an advance in anticipation of consumer loans to be made by the RESP borrower; or as a reimbursement for eligible program costs, including consumer loans already made, upon the RESP borrower having complied with the loan conditions set forth in the loan documents. Within a 12-month consecutive period, any disbursements of loan funds to an RESP borrower must not exceed 50 percent of the approved loan amount.

    ii. Loan Advances. The RESP borrower must provide to the Qualified consumers all RESP loan funds that the RESP borrower receives within one year of receiving them from RUS. If the RESP borrower does not re-lend the RESP loan funds within one year, the unused RESP loan funds, and any interest earned on those RESP loan funds, must be returned to the Federal Government and will be applied to the RESP borrower's debt. The RESP borrower will not be eligible to receive additional RESP loan funds from RUS until providing evidence, satisfactory to RUS, that RESP loan funds from a previous advance have been fully relent to Qualified consumers or returned to the Federal Government.

    RUS will disburse the RESP loan funds in advance only if: (i) The RESP borrower has established written procedures that will minimize the time elapsing between the transfer of RESP loan funds from RUS and their disbursement to the Qualified consumer; and, (ii) the requests for advances made by the RESP borrower are limited to the minimum amounts needed and timed to be in accordance with the actual immediate cash needs to carry out the Energy Efficiency program.

    iii. Loan term for loans to Qualified consumers. Each loan made by the RESP borrower to a Qualified consumer may not exceed a term of 10 years.

    iv. Unauthorized uses of funds. The RESP borrower must not finance the purchase or modification of personal property with proceeds from the RESP loan unless the personal property is or becomes attached to real property (including a manufactured home) as a fixture. The RESP borrower must keep adequate processes, procedures and records and must not commingle RESP funds with other sources of funding in the implementation of an EE Program.

    F. Federal Award Administration Information

    1. General. A successful loan RESP Applicant will receive a Conditional commitment letter from the Administrator notifying it of the total loan amount approved by RUS; any additional controls on the its financial, investment, operational and managerial activities; acceptable security arrangements; and such other conditions deemed necessary by the Administrator to adequately secure the Government's interest and ensure repayment. Upon receipt of the acceptance of the loan offer from the RUS Borrower, RUS will begin to prepare the loan documents with the assistance of the Eligible entity. Upon completion of the loan documents, RUS will forward the loan documents to the RESP borrower.

    Receipt of a Conditional commitment letter from the Administrator does not authorize the RESP borrower to commence performance under the award. All RUS requirements and loan conditions specified in the Conditional commitment letter must be met before the loan will be advanced. RUS will notify the RESP borrower when it is authorized to commence performance using RESP funds.

    2. Loan Term. RUS will make loans to RESP Applicant under RESP for a term not to exceed 20 years from the date on which the loan is closed.

    3. Interest rate. Loans made under RESP will not bear interest (0 percent) although indebtedness not paid when due will be subject to interest, penalties, administrative costs and late fees as provided in the loan documents.

    4. Repayment. The repayment of each advance to the RESP borrower must be amortized for a period not to exceed 10 years. However, any special advances under a loan must be made during the first 10-year period of the term of the underlying loan and repayment of such special advance shall be required during the 10 year period with such period beginning on the date on which such special advance is made. A RESP borrower may elect to defer the repayment of the special advance to the end of the 10-year period. However, all amounts advanced on the loan by RUS to the RESP borrower must be paid prior to the final maturity which must not exceed 20 years. The RESP borrower is responsible for fully repaying the RESP loan to RUS according to the loan documents regardless of repayment by its Qualified consumers.

    5. Financial Ratios. The requirements for coverage ratios will be set forth in the Conditional commitment letter and RESP borrower's loan documents with RUS. The minimum coverage ratios required of RESP borrowers, whether applied on an annual or average basis will be determined by the Administrator on case-by-case basis based on the risk profile of the RESP Applicant and specific loan features. Existing RUS borrowers will be subject to their current debt service coverage ratios. When new loan documents are executed, the Administrator may, on a case-by-case basis, increase the coverage ratio of the RESP borrower if the Administrator determines that higher ratios are required to ensure the repayment made by RUS. Also, the Administrator may, on a case-by-case basis, reduce the coverage ratios if the Administrator determines that the lower ratios are required to ensure the repayment of the loan made by RUS.

    6. Equity Requirements. The required equity position would be determined by the Administrator on a case-by-case basis and will be set forth in the Conditional commitment letter and the loan documents as a condition to the RESP loan.

    7. Opinion of counsel. An opinion of counsel is required at closing and must be acceptable to the Administrator, opining that the RESP Applicant is properly organized and has the required corporate authority to enter into the proposed transaction. It must also identify the proposed collateral to secure the RESP loan and certify that such collateral is free of liens or identify any issues that may arise for the Government regarding the securing and perfecting of a first and prior lien on such property comprising the collateral.

    8. Loan Term and Conditions. The Administrator reserves the right to modify or waive certain requirements if the Administrator believes such modifications or waiver are in the best interest of the government and the Administrator has determined that the loan will be repaid in the designated time period and the security is adequate. Also, the Administrator, at his sole discretion, may add such terms and conditions in a loan under this NOFA to ensure the RESP loan is timely repaid and is adequately secured.

    9. Administrative and National Policy Requirements. The items listed in this notice implement the appropriate administrative and national policy requirements, which include but are not limited to:

    a. Execution of a RESP loan agreement and related loan documents;

    b. Compliance with policies, guidance, and requirements as described in Section D.2.a.vii. (Statement of Compliance with other federal statutes) of this notice, and any successor regulations.

    10. Reporting

    a. Performance Reporting. RUS will establish periodic reporting requirements. These will be enumerated in the loan documents.

    b. Accounting Requirements. RESP borrowers must follow RUS' accounting requirements. These requirements, which will be specified in the loan agreement, include, but are not limited to, the following:

    i. RUS accounting requirements include compliance with Generally Accepted Accounting Principles, as well as compliance with the requirements of the applicable regulations: 7 CFR part 200 (for RESP borrowers, under this CFR Part, the term “grant recipient” will also mean loan recipient) or the system of accounting prescribed by RUS Bulletin 1767. The Administrator may modify the accounting requirements if, in his judgement, it is necessary to satisfy the purpose of Section 6407.

    ii. RESP borrowers must comply with all reasonable RUS requests to support ongoing monitoring efforts. The RESP borrowers must afford RUS, through their representatives, a reasonable opportunity, at all times during business hours and upon prior notice, to have access to and the right to inspect any or all books, records, accounts, invoices, contracts, leases, payrolls, timesheets, cancelled checks, statements, and other documents, electronic or paper of every kind belonging to or in possession of the RESP borrowers or in any way pertaining to its property or business, including its parents, affiliates, and subsidiaries, if any, and to make copies or extracts therefrom.

    c. Audit Requirements. RESP borrowers will be required to prepare and furnish to RUS, at least once during each 12-month period, a full and complete report of its financial condition, operations, and cash flows, in form and substance satisfactory to RUS, audited and certified by an independent certified public accountant, satisfactory to RUS, and accompanied by a report of such audit, in form and substance satisfactory to RUS. RESP borrowers must follow the 7 CRF 1773, Policy on Audits for RUS borrowers or 2 CFR part 200, subpart F audit requirements. The Administrator may modify the audit requirements if, in his judgement, it is necessary to satisfy the purpose of Section 6407.

    G. Federal Awarding Agency Contact

    Robert Coates, Electric Program, Rural Utilities Service, Rural Development, United States Department of Agriculture, 1400 Independence Avenue SW., STOP 1568, Room 0217-S, Washington DC 20250-1510; Telephone: (202) 260-5415; Email: [email protected].

    H. Other Information 1. Other Funding Opportunities

    Applicants may also consider the funding opportunities under the Energy Efficiency and Conservation Loan Program, 7 CFR 1710, Subpart H.

    2. USDA Non-Discrimination Statement

    In accordance with Federal civil rights law and U.S. Department of Agriculture (USDA) civil rights regulations and policies, the USDA, its Agencies, offices, and employees, and institutions participating in or administering USDA programs are prohibited from discriminating based on race, color, national origin, religion, sex, gender identity (including gender expression), sexual orientation, disability, age, marital status, family/parental status, income derived from a public assistance program, political beliefs, or reprisal or retaliation for prior civil rights activity, in any program or activity conducted or funded by USDA (not all bases apply to all programs). Remedies and complaint filing deadlines vary by program or incident.

    Persons with disabilities who require alternative means of communication for program information (e.g., Braille, large print, audiotape, American Sign Language, etc.) should contact the responsible Agency or USDA's TARGET Center at (202) 720-2600 (voice and TTY) or contact USDA through the Federal Relay Service at (800) 877-8339. Additionally, program information may be made available in languages other than English. To file a program discrimination complaint, complete the USDA Program Discrimination Complaint Form, AD-3027, found online at http://www.ascr.usda.gov/complaint_filing_cust.html and at any USDA office or write a letter addressed to USDA and provide in the letter all of the information requested in the form.

    To request a copy of the complaint form, call (866) 632-9992. Submit your completed form or letter to USDA by:

    a. Mail: U.S. Department of Agriculture, Office of the Assistant Secretary for Civil Rights, 1400 Independence Avenue SW, Washington, DC 20250-9410;

    b. Facsimile: (202) 690-7442; or

    c. Email: [email protected].

    d. USDA is an equal opportunity provider, employer, and lender.

    Dated: September 26, 2017. Christopher McLean, Acting Administrator, Rural Utilities Service.
    [FR Doc. 2017-25089 Filed 11-17-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-854] Certain Steel Nails From Taiwan: Notice of Court Decision Not in Harmony With Final Determination in Less Than Fair Value Investigation and Notice of Amended Final Determination AGENCY:

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

    SUMMARY:

    On October 4, 2017, the United States Court of International Trade (CIT) issued final judgment in Mid Continent Steel & Wire, Inc. v. United States, et al., consolidated Court No. 15-00213, sustaining the Department of Commerce's (the Department's) final results of redetermination pursuant to remand. The Department is notifying the public that the final judgment in this case is not in harmony with the Department's final determination in the less than fair value investigation of certain steel nails from Taiwan, and is amending the final determination with respect to the weighted-average dumping margins assigned to mandatory respondent PT Enterprise Inc. and all other producers and exporters.

    Applicable: October 14, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Scott Hoefke or Victoria Cho, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4947 or (202) 482-5075, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On May 20, 2015, the Department published its affirmative final determination of sales at less than fair value, in which it determined a weighted-average dumping margin of 2.24 percent for exporter PT Enterprise Inc. and its affiliated producer, Pro-Team Coil Nail Enterprise Inc. (Pro-Team) (collectively, PT).1 The antidumping duty order was published on July 13, 2015.2 Mid Continent Steel & Wire, Inc. (the petitioner); PT; and Unicatch Industrial Co., Ltd., WTA International Co., Ltd., Zon Mon Co., Ltd., Hor Liang Industrial Corporation, President Industrial Inc., and Liang Chyuan Industrial Co., Ltd. (collectively, Taiwan Plaintiffs) appealed certain aspects of the Final Determination to the CIT. On March 23, 2017, the CIT sustained in part, and remanded in part, the Department's Final Determination. 3 In particular, the CIT remanded for further explanation or redetermination the issue of PT's general and administrative (G&A) expense ratio calculation.

    1See Certain Steel Nails from Taiwan: Final Determination of Sales at Less Than Fair Value, 80 FR 28959, 28961 (May 20, 2015) (Final Determination) and accompanying Issues and Decision Memorandum (IDM).

    2See Certain Steel Nails from the Republic of Korea, Malaysia, the Sultanate of Oman, Taiwan, and the Socialist Republic of Vietnam: Antidumping Duty Orders, 80 FR 39994 (July 13, 2015) (Order).

    3Mid Continent Steel & Wire, Inc. et al. v. United States, 219 F. Supp. 3d 1326 (CIT March 23, 2017).

    On June 21, 2017, the Department issued its final results of redetermination pursuant to remand.4 The Department provided additional explanation and made certain revisions with respect to PT's G&A expense ratio calculation.5 Specifically, the Department explained that it calculates the G&A expense ratio based on the company-wide G&A expenses of the company (i.e., the operating expenses, per the audited financial statements, which are those costs that do not relate directly to the manufacture of products during the period of investigation or review, but, instead, relate to the general operations of the company during this period) allocated over the company's company-wide cost of sales, or cost of goods sold (COGS) (i.e., the operating costs, per the audited financial statements, which directly relate to the manufacture of specific products). With respect to the specific costs and expenses at issue, the Department further explained that it allocated the costs and expenses by looking at how Pro-Team allocated such costs in its audited financial statements. Concerning a subsidy received by Pro-Team to support its steam production products business, the Department reconsidered its prior determination and included the subsidy as part of Pro-Team's G&A expenses, as opposed to its COGS. The Department explained that it revised its treatment of the subsidy because, as supported by Pro-Team's own books and records, the subsidy related to general, not operating expenses. As a result of these changes, the Department determined a weighted-average dumping margin of 2.16 percent for PT, which also resulted in a revised rate of 2.16 percent for all other producers and exporters.6

    4See Final Results of Redetermination Pursuant to Court Remand, Certain Steel Nails from Taiwan, Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-31 (CIT March 23, 2017), dated June 21, 2017 (Remand Results), available at http://enforcement.trade.gov/remands/index.html.

    5See generally Remand Results.

    6See Remand Results at 23-24.

    On October 4, 2017, the CIT entered judgment sustaining the Department's Remand Results. 7

    7See Mid Continent Steel & Wire, Inc. v. United States, et al., Court No. 15-00213, Slip Op. 17-135 (CIT October 4, 2017).

    Timken Notice

    In its decision in Timken Co. v. United States, 8 as clarified by Diamond Sawblades Mfrs. Coalition v. United States, 9 the Federal Circuit held that, pursuant to section 516A(e) of the Tariff Act of 1930, as amended (the Act), the Department must publish a notice of a court decision not “in harmony” with a Department determination, and must suspend liquidation of entries pending a “conclusive” court decision. The CIT's October 4, 2017 judgment sustaining the Remand Results constitutes a final decision of the Court that is not in harmony with the Department's Final Determination. This notice is published in fulfillment of the publication requirement of Timken.

    8Timken Co. v. United States, 893 F.2d 337 (Fed. Cir. 1990) (Timken).

    9Diamond Sawblades Mfrs. Coalition v. United States, 626 F.3d 1374 (Fed. Cir. 2010).

    Amended Final Results

    Because there is now a final court decision, the Department amends the Final Determination with respect to the margin assigned to PT and for all other producers and exporters.10

    10See Final Determination, 80 FR at 28961; see also Remand Results at 23-24. Note that entries of merchandise produced by Ko Nails, Inc. and exported by Quick Advance Inc. are excluded from the order. See Order at 39997.

    Producer/exporter 11 Weighted-
  • average
  • dumping
  • margin
  • (%)
  • Producer: Pro-Team Coil Nail Enterprise, Inc 2.16 Exporter: Pro-Team Coil Nail Enterprise, Inc. or PT Enterprise Inc.12 All-Others 2.16
    Cash Deposit Requirements

    Since the Final Determination, the Department has not established a new cash deposit rate for PT or all other producers and exporters. As a result, in accordance with section 735(c)(1)(B) of the Act, the Department will instruct U.S. Customs and Border Protection to collect cash deposits at the rates for entries of subject merchandise in accordance with the rates for exporters and producers listed above in this notice, effective October 14, 2017.

    11 In the Final Determination and the Order, the Department only listed PT Enterprise Inc., an exporter, and did not include its affiliated producer, Pro-Team Coil Nail Enterprise, Inc., in the chart reflecting final weighted-average dumping margins. For clarity and for purposes of issuing our cash deposit instructions to CBP, we now include reference to Pro-Team Coil Nail Enterprise, Inc. in this amended final determination.

    12 We incorrectly referred to PT Enterprise Inc. as PT Enterprises in the Final Determination and the Order. See Final Determination, at 28961; see also Order, at 39996.

    Notification to Interested Parties

    This notice is issued and published in accordance with sections 516(A)(e), 735(c)(1)(B), and 777(i)(1) of the Act.

    Dated: November 13, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-25086 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-580-895, A-583-861] Low Melt Polyester Staple Fiber From the Republic of Korea and Taiwan: Postponement of Preliminary Determinations in the Less-Than-Fair-Value Investigations AGENCY:

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

    DATES:

    Effective November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Alice Maldonado at (202) 482-4682 (Republic of Korea (Korea)) or Rebecca M. Janz at (202) 482-4682 (Taiwan), AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230.

    SUPPLEMENTARY INFORMATION: Background

    On July 17, 2017, the Department of Commerce (the Department) initiated less-than-fair-value (LTFV) investigations of imports of low melt polyester staple fiber (low melt PSF) from Korea and Taiwan.1 Currently, the preliminary determinations are due no later than December 4, 2017.

    1See Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan: Initiation of Less-Than-Fair-Value Investigations, 82 FR 34277 (July 24, 2017).

    Postponement of Preliminary Determinations

    Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), requires the Department to issue the preliminary determination in an LTFV investigation within 140 days after the date on which the Department initiated the investigation. However, section 733(c)(1) of the Act permits the Department to postpone the preliminary determination until no later than 190 days after the date on which the Department initiated the investigation if: (A) the petitioner 2 makes a timely request for a postponement; or (B) the Department concludes that the parties concerned are cooperating, that the investigation is extraordinarily complicated, and that additional time is necessary to make a preliminary determination. Under 19 CFR 351.205(e), the petitioner must submit a request for postponement 25 days or more before the scheduled date of the preliminary determination and must state the reasons for the request. The Department will grant the request unless it finds compelling reasons to deny the request. See 19 CFR 351.205(e).

    2 The petitioner is Nan Ya Plastics Corporation, America.

    On November 7, 2017, the petitioner submitted a timely request that the Department postpone the preliminary determinations in these LTFV investigations.3 The petitioner stated that it requests postponement because the Department is still gathering data and questionnaire responses, and additional time is necessary for the Department and interested parties to review and analyze all questionnaire responses, as well as for interested parties to comment on these responses.4

    3See the Petitioner's Letter re: Low Melt Polyester Staple Fiber from the Republic of Korea and Taiwan—Petitioners' Request to Postpone the Antidumping Duty Preliminary Determinations, dated November 7, 2017.

    4Id.

    For the reasons stated above and because there are no compelling reasons to deny the request, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determinations by 50 days (i.e., 190 days after the date on which these investigations were initiated). As a result, the Department will issue its preliminary determinations no later than January 23, 2018. In accordance with section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), the deadline for the final determinations of these investigations will continue to be 75 days after the date of the preliminary determinations, unless postponed at a later date.

    This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: November 14, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-25084 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-964] Seamless Refined Copper Pipe and Tube From the People's Republic of China: Final Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    On August 8, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on seamless refined copper pipe and tube from the People's Republic of China (PRC) for the period of review (POR), November 1, 2015, through October 31, 2016. For the final results of this review, the Department continues to determine that the five remaining companies under review failed to establish their eligibility for a separate rate for the POR, and thus, are part of the PRC-wide entity. The final dumping margin of sales at the PRC-Wide Entity rate is listed below in the “Final Results” section of this notice.

    DATES:

    Applicable November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Julia Hancock or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4997, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On August 8, 2017, the Department published the Preliminary Results of the antidumping duty order on seamless refined copper pipe and tube from the PRC.1 We invited parties to submit comments on the Preliminary Results, but we received no comments. The Department conducted this administrative review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act).

    1See Seamless Refined Copper Pipe and Tube from the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016, 82 FR 37058 (August 8, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Decision Memorandum) (collectively, Preliminary Results).

    Scope of the Order

    The merchandise subject to the order is seamless refined copper pipe and tube. The product is currently classified under Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7411.10.1030 and 7411.10.1090. Products subject to this order may also enter under HTSUS item numbers 7407.10.1500, 7419.99.5050, 8415.90.8065, and 8415.90.8085. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of this order remains dispositive.2

    2 For a full description of the scope of the Order, see Preliminary Decision Memorandum at 3-4.

    Analysis of Comments Received

    As noted above, we received no comments on the Preliminary Results.

    Changes Since the Preliminary Results

    As no parties submitted comments on the Preliminary Results, the Department has not modified its analysis from that presented in the Preliminary Results, and no decision memorandum accompanies this Federal Register notice. Further, the Department has made no adjustments to the determination that China Hailiang Metal Trading (China Hailiang), Shanghai Hailiang Metal Trading Limited (Shanghai Hailiang Trading), Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang did not demonstrate that they are entitled to a separate rate. Accordingly, we continue to determine it appropriate to consider all five companies to be part of the PRC-Wide entity.3 The rate previously established for the PRC-wide entity is 60.85 percent.4

    3See Preliminary Decision Memorandum, at 4-5. Pursuant to the Department's change in practice, the Department no longer considers the non-market economy (NME) entity as an exporter conditionally subject to administrative reviews. See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963, 65970 (November 4, 2013). Under this practice, the NME entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the entity, the entity is not under review and the entity's rate is not subject to change.

    4 The rate for the PRC-Wide Entity was first assigned in the less than fair value investigation of seamless refined copper pipe and tube from the PRC, see Seamless Refined Copper Pipe and Tube from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 75 FR 60725, 60729 (October 1, 2010). This rate has been used in each subsequent administrative review in which there was a party being considered as part of the PRC-Wide Entity.

    Final Results

    The final weighted-average dumping margin is as follows:

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (%)
  • PRC-Wide Entity 5 60.85
    Assessment Rates

    We have not calculated any assessment (or cash deposit) rates in this administrative review, because the five companies under review are a part of the PRC-wide entity. The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this administrative review.

    5 The PRC-wide entity includes China Hailiang, Shanghai Hailiang Trading, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative review for all shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided for by section 751(a)(2)(C) of the Act: (1) For previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (2) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-Wide rate (i.e., 60.85 percent); and (3) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    Disclosure

    Normally, the Department discloses to interested parties the calculations performed in connection with the final results within five days of its public announcement, or if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because the Department determined that China Hailiang, Shanghai Hailiang Trading, Hong Kong Hailiang, Shanghai Hailiang, and Zhejiang Hailiang are part of the PRC-wide entity, and have been assigned the PRC-wide rate, there are no calculations to disclose.

    Notification to Importers

    This notice also serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    Administrative Protective Order

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

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h) and 351.221(b)(5).

    Dated: November 13, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties for the Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-25085 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-008] Certain Circular Welded Carbon Steel Pipes and Tubes From Taiwan: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2015-2016 AGENCY:

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

    SUMMARY:

    On May 18, 2017, the Department of Commerce (the Department) published the preliminary results of the administrative review of the antidumping duty order on certain circular welded carbon steel pipes and tubes from Taiwan. The period of review (POR) is May 1, 2015 through April 30, 2016. This review covers Shin Yang Steel Co., Ltd. (Shin Yang) and Yieh Hsing Enterprise Co., Ltd. (Yieh Hsing). Based on our analysis of the comments received, we have made certain changes in the margin calculations. The final weighted-average dumping margins for the reviewed firms are listed below in the section entitled, “Final Results of the Review.”

    DATES:

    Applicable November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Scott Hoefke, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4947.

    SUPPLEMENTARY INFORMATION: Background

    On May 18, 2017, the Department published the Preliminary Results of this review in the Federal Register.1 We invited parties to comment on the Preliminary Results. On June 19, 2017, we received a case brief from Wheatland Tube Group (the petitioner).2 On June 26, 2017, we received a rebuttal brief from Shin Yang.3 The Department conducted this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act).

    1See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016, 82 FR 22805 (May 18, 2017) (Preliminary Results), and accompanying Memorandum, “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2015-2016,” dated May 10, 2017 (Preliminary Decision Memorandum).

    2See Petitioner's June 19, 2017, Case Brief (Petitioner Case Brief).

    3See Shin Yang's June 27, 2017, Rebuttal Brief (Shin Yang Rebuttal).

    Scope of the Order

    The merchandise subject to the order is certain circular welded carbon steel pipes and tubes from Taiwan. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) item numbers 7306.30.5025, 7306.30.5032, 7306.30.5040, and 7306.30.5055. Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive.4

    4 A full written description of the scope of the order is contained in Memorandum, “Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan; 2015-2016,” (Issues and Decision Memorandum), dated concurrently with this notice and incorporated herein by reference.

    Final Determination of No Shipments

    In the Preliminary Results, the Department preliminarily determined that Yieh Hsing had no shipments during the period of review (POR).5 Following publication of the Preliminary Results, we received no comments from interested parties regarding Yieh Hsing. As a result, and because the record contains no evidence to the contrary, we continue to find that Yieh Hsing made no shipments during the POR. Accordingly, consistent with the Department's practice, we intend to instruct U.S. Customs and Border Protection (CBP) to liquidate any existing entries of merchandise produced by Yieh Hsing, but exported by other parties without their own rate, at the all-others rate.6

    5See Preliminary Results, 82 FR at 22806, and accompanying Preliminary Decision Memorandum, at 2-3.

    6See, e.g., Magnesium Metal from the Russian Federation: Preliminary Results of Antidumping Duty Administrative Review, 75 FR 26922, 26923 (May 13, 2010), unchanged in Magnesium Metal from the Russian Federation: Final Results of Antidumping Duty Administrative Review, 75 FR 56989 (September 17, 2010).

    Analysis of the Comments Received

    All issues raised in the case and rebuttal briefs submitted in this review are addressed in the Issues and Decision Memorandum, which is hereby adopted by this notice. A list of the issues raised is attached as an appendix to this notice. The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and it is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/index.html. The signed Issues and Decision Memorandum and the electronic versions of the Issues and Decision Memorandum are identical in content.

    Changes Since the Preliminary Results

    Based on our analysis of the comments received, we made a change to the Preliminary Results. For Shin Yang, we adjusted the home market calculation program to correct an error related to surrogate production costs. For a full discussion of all comments received, see Issues and Decision Memorandum.

    Final Results of the Review

    As a result of this review, we determine that the following weighted-average dumping margin exists:

    Producer/exporter Dumping
  • margin
  • (percent)
  • Shin Yang Steel Co., Ltd 1.78
    Disclosure

    We intend to disclose the calculations performed for these final results of review within five days of the date of publication of this notice in the Federal Register, in accordance with 19 CFR 351.224(b).

    Assessment

    The Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review pursuant to section 751(a)(2)(C) of the Act and 19 CFR 351.212(b).

    For Shin Yang, because its weighted-average dumping margin is not zero or de minimis (i.e., less than 0.5 percent), the Department has calculated importer-specific antidumping duty assessment rates. We calculated importer-specific ad valorem antidumping duty assessment rates by aggregating the total amount of dumping calculated for the examined sales of each importer and dividing each of these amounts by the total entered value associated with those sales. We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review where an importer-specific assessment rate is not zero or de minimis. Pursuant to 19 CFR 351.106(c)(2), we will instruct CBP to liquidate without regard to antidumping duties any entries for which the importer-specific assessment rate is zero or de minimis.

    As noted in the “Final Determination of No Shipments” section, above, the Department will instruct CBP to liquidate any existing entries of merchandise produced by Yieh Hsing but exported by other parties, at the rate for the intermediate reseller, if available, or at the all-others rate.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective for all shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2) of the Act: (1) The cash deposit rates will be equal to the weighted-average dumping margins established in the final results of this review; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the company was reviewed; (3) if the exporter is not a firm covered in this review, a previous review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the manufacturer of subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 9.70 percent, the all-others rate established in the LTFV investigation.7 These deposit requirements, when imposed, shall remain in effect until further notice.

    7See Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Antidumping Duty Order, 49 FR 19369 (May 7, 1984).

    Notification to Importers

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

    Administrative Protective Orders

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

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

    Dated: November 14, 2017. Gary Taverman, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Issues and Decision Memorandum Summary Background Scope of the Order Discussion of the Issues 1. Date of Sale 2. Shin Yang's Specification Designations 3. Processing Costs 4. Ministerial Error Recommendation
    [FR Doc. 2017-25087 Filed 11-17-17; 8:45 am] BILLING CODE 3510-DS-P
    BUREAU OF CONSUMER FINANCIAL PROTECTION Publication of FY 2016 Service Contract Inventory AGENCY:

    Bureau of Consumer Financial Protection.

    ACTION:

    Notice of public availability of FY 2016 Service Contract Inventory.

    SUMMARY:

    In accordance with Section 734 of Division C of the Consolidated Appropriations Act of 2010, the Bureau of Consumer Financial Protection (Bureau) is publishing this notice to advise the public of the availability of the FY 2016 service contract inventory. This inventory provides information on service contract actions over $25,000, which the Bureau funded during FY 2016. The information is organized by function to show how contracted resources were used by the agency to support its mission. The inventory has been developed in accordance with the guidance issued on November 5, 2010 and December 19, 2011 by the Office of Management and Budget's Office of Federal Procurement Policy (OFPP). OFPP's guidance is available at: https://obamawhitehouse.archives.gov/sites/default/files/omb/procurement/memo/service-contract-inventories-guidance-11052010.pdf and https://obamawhitehouse.archives.gov/sites/default/files/omb/procurement/memo/service-contract-inventory-guidance.pdf. The Bureau has posted its inventory on the Bureau's Open Government homepage at the following link: http://www.consumerfinance.gov/open.

    FOR FURTHER INFORMATION CONTACT:

    Questions regarding the service contract inventory should be directed to Karen Morris, Procurement Analyst, Office of Procurement, Consumer Financial Protection Bureau, (202) 435-9833.

    Dated: November 9, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection.
    [FR Doc. 2017-25026 Filed 11-17-17; 8:45 am] BILLING CODE 4810-AM-P
    DEPARTMENT OF DEFENSE Office of the Secretary Government-Industry Advisory Panel; Notice of Federal Advisory Committee Meeting AGENCY:

    Office of the Under Secretary of Defense (Acquisition, Technology, and Logistics), Department of Defense (DoD).

    ACTION:

    Federal advisory committee meeting notice.

    SUMMARY:

    The Department of Defense is publishing this notice to announce the following Federal advisory committee meeting of the Government-Industry Advisory Panel. This meeting is open to the public.

    DATES:

    The meeting will be held from 9:00 a.m. to 5:00 p.m. on Wednesday and Thursday, December 6 and 7, 2017. Public registration will begin at 8:45 a.m. on each day. For entrance into the meeting, you must meet the necessary requirements for entrance into the Pentagon. For more detailed information, please see the following link: http://www.pfpa.mil/access.html.

    ADDRESSES:

    Pentagon Library, Washington Headquarters Services, 1155 Defense Pentagon, Washington, DC 20301-1155. The meeting room will be displayed on the information screen for both days. The Pentagon Library is located in the Pentagon Library and Conference Center (PLC2) across the Corridor 8 bridge.

    FOR FURTHER INFORMATION CONTACT:

    LTC Robert McDonald, Office of the Assistant Secretary of Defense (Acquisition), 3600 Defense Pentagon, Washington, DC 20301-3600, email: [email protected], phone: 571-256-9006 or Peter Nash, email: [email protected], phone: 703-693-5111.

    SUPPLEMENTARY INFORMATION:

    Purpose of the Meetings: This meeting is being held under the provisions of the Federal Advisory Committee Act of 1972 (FACA) (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.150. The Government-Industry Advisory Panel will review sections 2320 and 2321 of Title 10, United States Code (U.S.C.), regarding rights in technical data and the validation of proprietary data restrictions and the regulations implementing such sections, for the purpose of ensuring that such statutory and regulatory requirements are best structured to serve the interest of the taxpayers and the national defense. The scope of the panel is as follows: (1) Ensuring that the Department of Defense (DoD) does not pay more than once for the same work, (2) Ensuring that the DoD contractors are appropriately rewarded for their innovation and invention, (3) Providing for cost-effective reprocurement, sustainment, modification, and upgrades to the DoD systems, (4) Encouraging the private sector to invest in new products, technologies, and processes relevant to the missions of the DoD, and (5) Ensuring that the DoD has appropriate access to innovative products, technologies, and processes developed by the private sector for commercial use.

    Agenda: This will be the twenty-fourth meeting of the Government-Industry Advisory Panel and continued recurring teleconference meetings. The panel will cover details of 10 U.S.C. 2320 and 2321, begin understanding the implementing regulations and detail the necessary groups within the private sector and government to provide supporting documentation for their review of these codes and regulations during follow-on meetings. Agenda items for this meeting will include the following: (1) Final review of tension point information papers; (2) Rewrite FY17 NDAA 2320 and 2321 language; (3) Review Report Framework and Format for Publishing; (4) and Comment Adjudication & Planning for follow-on meeting.

    Availability of Materials for the Meeting: A copy of the agenda or any updates to the agenda for the December 6-7 meeting will be available as requested or at the following site: https://www.facadatabase.gov/committee/committee.aspx?cid=2561&aid=41. It will also be distributed upon request.

    Minor changes to the agenda will be announced at the meeting. All materials will be posted to the FACA database after the meeting.

    Public Accessibility to the Meeting: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, and subject to the availability of space, this meeting is open to the public. Registration of members of the public who wish to attend the meeting will begin upon publication of this meeting notice and end three business days (December 1) prior to the start of the meeting. All members of the public must contact LTC McDonald or Mr. Nash at the phone number or email listed in the FOR FURTHER INFORMATION CONTACT section to make arrangements for Pentagon escort, if necessary. Public attendees should arrive at the Pentagon's Visitor's Center, located near the Pentagon Metro Station's south exit and adjacent to the Pentagon Transit Center bus terminal with sufficient time to complete security screening no later than 8:30 a.m. on December 6-7. To complete security screening, please come prepared to present two forms of identification of which one must be a pictured identification card. Government and military DoD CAC holders are not required to have an escort, but are still required to pass through the Visitor's Center to gain access to the Building. Seating is limited and is on a first-to-arrive basis. Attendees will be asked to provide their name, title, affiliation, and contact information to include email address and daytime telephone number to the Designated Federal Officer (DFO) listed in the FOR FURTHER INFORMATION CONTACT section. Any interested person may attend the meeting, file written comments or statements with the committee, or make verbal comments from the floor during the public meeting, at the times, and in the manner, permitted by the committee.

    Special Accommodations: The meeting venue is fully handicap accessible, with wheelchair access. Individuals requiring special accommodations to access the public meeting or seeking additional information about public access procedures, should contact LTC McDonald, the committee DFO, or Mr. Nash at the email address or telephone number listed in the FOR FURTHER INFORMATION CONTACT section, at least five (5) business days prior to the meeting so that appropriate arrangements can be made.

    Written Comments or Statements: Pursuant to 41 CFR 102-3.105(j) and 102-3.140 and section 10(a)(3) of the Federal Advisory Committee Act, the public or interested organizations may submit written comments or statements to the Government-Industry Advisory Panel about its mission and/or the topics to be addressed in this public meeting. Written comments or statements should be submitted to LTC McDonald, the committee DFO, via electronic mail, the preferred mode of submission, at the email address listed in the FOR FURTHER INFORMATION CONTACT section in the following formats: Adobe Acrobat or Microsoft Word. The comment or statement must include the author's name, title, affiliation, address, and daytime telephone number. Written comments or statements being submitted in response to the agenda set forth in this notice must be received by the committee DFO at least five (5) business days prior to the meeting so that they may be made available to the Government-Industry Advisory Panel for its consideration prior to the meeting. Written comments or statements received after this date may not be provided to the panel until its next meeting. Please note that because the panel operates under the provisions of the Federal Advisory Committee Act, as amended, all written comments will be treated as public documents and will be made available for public inspection.

    Verbal Comments: Members of the public will be permitted to make verbal comments during the meeting only at the time and in the manner allowed herein. If a member of the public is interested in making a verbal comment at the open meeting, that individual must submit a request, with a brief statement of the subject matter to be addressed by the comment, at least three (3) business days in advance to the committee DFO, via electronic mail, the preferred mode of submission, at the email address listed in the FOR FURTHER INFORMATION CONTACT section. The committee DFO will log each request to make a comment, in the order received, and determine whether the subject matter of each comment is relevant to the panel's mission and/or the topics to be addressed in this public meeting. A 30-minute period near the end of the meeting will be available for verbal public comments. Members of the public who have requested to make a verbal comment and whose comments have been deemed relevant under the process described in this paragraph, will be allotted no more than five (5) minutes during this period, and will be invited to speak in the order in which their requests were received by the DFO.

    Dated: November 14, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-25036 Filed 11-17-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary Defense Advisory Committee on Women in the Services; Notice of Federal Advisory Committee Meeting AGENCY:

    Under Secretary of Defense for Personnel and Readiness, Department of Defense.

    ACTION:

    Notice of Federal Advisory Committee meeting.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Defense Advisory Committee on Women in the Services (DACOWITS) will take place.

    DATES:

    Day 1—Open to the public Tuesday, December 12, 2017, from 8:30 a.m. to 2:45 p.m.

    Day 2—Open to the public Wednesday, December 13, 2017, from 8:30 a.m. to 11:00 a.m.

    ADDRESSES:

    Hilton Alexandria—Mark Center (Arbor Conference Room), 5000 Seminary Road, Alexandria, VA 22311.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Myers, (703) 697-2122 (Voice), 703-614-6233 (Facsimile), [email protected] (Email). Mailing address is 4800 Mark Center Drive, Suite 04J25-01, Alexandria, VA 22350. Web site: http://dacowits.defense.gov. The most up-to-date changes to the meeting agenda can be found on the Web site.

    SUPPLEMENTARY INFORMATION:

    This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102-3.140 and 102-3.150.

    Purpose of the Meeting: The purpose of the meeting is for the Committee to receive briefings and updates relating to their current work. The meeting will open with the Designated Federal Officer (DFO) giving a status update on the Committee's requests for information. This will be followed with four panel discussions on the following topics: DoD Strategic Initiatives; a USMC Strengthening the Transformation Update; Military Service Academy Admissions; and School Residency Policies on Pregnancy. The second day of the meeting will open with a briefing from the DoD Transition to Veterans Program Office on Transition Assistance Program Curriculum and Resources. This will be followed by a briefing from the Department of Labor on Women Veteran Statistics. Day two will end with a Public Comment Period.

    Agenda: Tuesday, December 12, 2017, from 8:30 a.m. to 2:45 p.m.—Welcome, Introductions, and Announcements; Request for Information Status Update; Panel Discussion: DoD Strategic Initiatives; Panel Discussion: USMC Strengthening the Transformation; Panel Discussion: Military Service Academy Admissions; Panel Discussion: School Residency Policies on Pregnancy; Public Dismissed. Wednesday, December 13, 2017, from 8:30 a.m. to 11:00 a.m.—Welcome and Announcements; Briefing: Transition Assistance Program Curriculum & Resources; Briefing: Women Veteran Statistics; Public Comment Period; Public Dismissed.

    Meeting Accessibility: Pursuant to 5 U.S.C. 552b, as amended, and 41 CFR 102-3.140 through 102-3.165, this meeting is open to the public, subject to the availability of space.

    Written Statements: Pursuant to 41 CFR 102-3.140, and section 10(a)(3) of the Federal Advisory Committee Act of 1972, interested persons may submit a written statement for consideration by the DACOWITS. Individuals submitting a written statement must submit their statement to the point of contact listed at the address in FOR FURTHER INFORMATION CONTACT no later than 5:00 p.m., Monday, December 4, 2017. If a written statement is not received by Monday, December 4, 2017, prior to the meeting, which is the subject of this notice, then it may not be provided to or considered by the DACOWITS until its next open meeting. The DFO will review all timely submissions with the DACOWITS Chair and ensure they are provided to the members of the Committee. If members of the public are interested in making an oral statement, a written statement should be submitted. After reviewing the written comments, the Chair and the DFO will determine who of the requesting persons will be able to make an oral presentation of their issue during an open portion of this meeting or at a future meeting. Pursuant to 41 CFR 102-3.140(d), determination of who will be making an oral presentation is at the sole discretion of the Committee Chair and the DFO, and will depend on time available and if the topics are relevant to the Committee's activities. Five minutes will be allotted to persons desiring to make an oral presentation. Oral presentations by members of the public will be permitted only on Wednesday, December 13, 2017 from 10:30 a.m. to 11:00 a.m. in front of the full Committee. The number of oral presentations to be made will depend on the number of requests received from members of the public.

    Dated: November 15, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-25103 Filed 11-17-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice of availability for licensing.

    SUMMARY:

    The Department of the Navy (DoN) announces the availability of the inventions listed below, assigned to the United States Government, as represented by the Secretary of the Navy, for domestic and foreign licensing by the Department of the Navy.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div., Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div., Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected]

    SUPPLEMENTARY INFORMATION:

    The following patents are available for licensing: Patent No. 9,752,721 (Navy Case No. 100877): Portable Equipment System Mount//Patent No. 9,753,445 (Navy Case No. 200434): DUT Continuity Test With Only Digital IO Structures Apparatus and Methods Associated Thereof//Patent No. 9,772,818 (Navy Case No. 103042): Event Detection System Having Multiple Sensor Systems in Cooperation With an Impact Detection System//Patent No. 9,778,000 (Navy Case No. 200364): Off-Board Influence System//and Patent No. 9,778,008 (Navy Case No. 200308): Explosive Assembly Systems Including a Linear Shaped Charge End Prime Cap Apparatus and Related Methods.

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: November 14, 2017. E.K. Baldini, Lieutenant Commander, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-25071 Filed 11-17-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 8640-001] Town of Camden, Maine; Notice of Application Accepted for Filing, Soliciting Comments, Motions To Intervene, and Protests

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

    a. Type of Proceeding: Application for surrender of exemption.

    b. Project No.: 8640-001.

    c. Date Filed: July 6, 2017, and supplemented on November 8, 2017.

    d. Exemptee: Town of Camden, Maine.

    e. Name of Project: Seabright Dam Project No. 8640.

    f. Location: The project is located on the Megunticook River in Camden, Maine.

    g. Filed Pursuant to: 18 CFR 4.102.

    h. Exemptee Contact: David B. Bolstridge, Town of Camden, Chief Dam Safety Engineer, P.O. Box 1207, Camden, ME 04843.

    i. FERC Contact: Ms. Marybeth Gay, (202) 502-6125, [email protected]

    j. Deadline for filing comments, interventions, protests, and recommendations is 30 days from the issuance date of this notice by the Commission. The Commission strongly encourages electronic filing. Please file motions to intervene, protests and comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. Please include the project number (P-8640-001) on any comments, motions to intervene, protests, or recommendations filed.

    k. Description of Request: The Town of Camden, Maine (exemptee) proposes to surrender the exemption for the Seabright Dam Project No. 8640. The exemptee states that the generation of power at the project is no longer economical. The exemptee proposes to remove the project's three transformers that feed power from the dam to the Central Maine Power Company grid in order to ensure power generation is permanently disconnected. The exemptee proposes to continue to maintain and operate the dam for recreational use of the reservoir, public safety, and environmental compliance, and would continue to follow its Commission-approved Public Safety Plan and its Maine Department of Environmental Protection Water Permit.

    l. Locations of the Application: A copy of the application is available for inspection and reproduction at the Commission's Public Reference Room, located at 888 First Street NE., Room 2A, Washington, DC 20426, or by calling (202) 502-8371. This filing may also be viewed on the Commission's Web site at http://www.ferc.gov/docs-filing/efiling.asp. Enter the docket number excluding the last three digits in the docket number field to access the document. You may also register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, call 1-866-208- 3676 or email [email protected], for TTY, call (202) 502-8659. A copy is also available for inspection and reproduction at the address in item (h) above.

    m. Individuals desiring to be included on the Commission's mailing list should so indicate by writing to the Secretary of the Commission.

    n. Comments, Protests, or Motions to Intervene: Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, .212 and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    o. Filing and Service of Responsive Documents: Any filing must (1) bear in all capital letters the title COMMENTS, PROTEST, or MOTION TO INTERVENE as applicable; (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, motions to intervene, or protests must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). All comments, motions to intervene, or protests should relate the temporary variance that is the subject of this notice. Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. If an intervener files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    Dated: November 13, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25081 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER18-276-000] Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization; Panda Hummel Station LLC

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

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is December 4, 2017.

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

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

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

    Dated: November 14, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-25057 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meetings related to the transmission planning activities of Tucson Electric Power Company, UNS Electric, Inc., Public Service Company of New Mexico, Arizona Public Service Company, El Paso Electric Company, Black Hills Power, Inc., Black Hills Colorado Electric Utility Company, LP, Cheyenne Light, Fuel, & Power Company, NV Energy, Inc.; and Xcel Energy Services, Inc. on behalf of Public Service Company of Colorado:

    WestConnect Regional Planning Stakeholder Meeting—November 16, 2017, 9 a.m.-4 p.m. (MST) Planning Management Committee Meeting—December 20, 2017, 9 a.m.-3 p.m. (MST) Planning Management Committee Meeting—January 17, 2018, 9 a.m.-3 p.m. (MST)

    The November 16, 2017 WestConnect Regional Planning Stakeholder Meeting and the December 20, 2017 Planning Management Committee Meeting will be held at: SRP Pera Club, 1 E Continental Dr., Tempe, AZ 85281.

    The January 17, 2018 Planning Management Committee Meeting will be held at: APS Headquarters, 500 N 5th St., Phoenix, AZ 85004.

    The above-referenced meetings will be available via web conference and teleconference.

    The above-referenced meetings are open to stakeholders.

    Further information may be found at http://www.westconnect.com/.

    The discussions at the meetings described above may address matters at issue in the following proceeding:

    ER13-75, Public Service Company of New Mexico; El Paso Electric Company ER17-2559, California Independent System Operator Corporation, the Salt River Project Agricultural Improvement and Power District

    For more information contact Nicole Cramer, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-6775 or [email protected]

    Dated: November 13, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25080 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Public Notice of Records Governing Off-the-Record Communications

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Prohibited 1. CP17-101-000 10-30-2017 Robert G. Swarnout. 2. CP17-101-000 11-7-2017 Claude Holbrook. Exempt 1. CP15-115-000, CP15-115-001 10-30-2017 U.S. House Representative Alex X. Mooney. 2. P-2305-000 10-31-2017 Louisiana Municipal Association. 3. CP17-495-000 10-31-2017 FERC Staff.1 4. CP16-480-000 10-31-2017 FERC Staff.2 5. CP16-454-000, CP16-455-000 11-1-2017 FERC Staff.3 6. CP16-498-000 11-1-2017 FERC Staff.4 7. CP17-41-000 11-3-2017 FERC Staff.5 8. CP17-458-000 11-7-2017 FERC Staff.6 1 Meeting Summary for meeting on October 11, 2017 with Jordan Cove LNG and PHMSA. 2 Conference call summary for call on October 4, 2017 with Annova LNG and PHMSA. 3 Email communication dated October 31, 2017 with Erik Swenson or Orrick. 4 Phone Memorandum for calls between October 26 and October 31, 2017 with Mary Jagiello, of the Federal Aviation Administration. 5 Telephone Call Summary for call on November 1, 2017 with National Marine Fisheries Services. 6 Conference call notes for call on November 7, 2017 with Midship Pipeline, LLC. Dated: November 14, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-25058 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG18-15-000.

    Applicants: Wildwood Lessee, LLC.

    Description: Wildwood Lessee, LLC's Notice of Self-Certification of Exempt Wholesale Generator Status.

    Filed Date: 11/14/17.

    Accession Number: 20171114-5054.

    Comments Due: 5 p.m. ET 12/5/17.

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

    Docket Numbers: ER16-1986-004.

    Applicants: Michigan Electric Transmission Company, LLC.

    Description: Compliance filing: Compliance Filing for 10/23/17 order approving settlement to be effective 6/1/2016.

    Filed Date: 11/14/17.

    Accession Number: 20171114-5094.

    Comments Due: 5 p.m. ET 12/5/17.

    Docket Numbers: ER16-1986-005.

    Applicants: Michigan Electric Transmission Company, LLC.

    Description: Compliance filing: Compliance Filing with later effective date to be effective 8/21/2016.

    Filed Date: 11/14/17.

    Accession Number: 20171114-5102.

    Comments Due: 5 p.m. ET 12/5/17.

    Docket Numbers: ER17-351-003; ER17-354-003; ER17-2162-002; ER17-2163-002.

    Applicants: American Falls Solar, LLC, American Falls Solar II, LLC, SunE Beacon Site 2 LLC, SunE Beacon Site 5 LLC.

    Description: Notice of Change in Status of American Falls Solar, LLC, et al.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5413.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-280-001; ER12-1436-013; ER14-153-007; ER14-154-007; ER13-1793-010; ER10-3300-015; ER10-3169-012; ER13-1488-009; ER10-3143-019; ER16-517-002; ER12-1260-012; ER10-2329-010.

    Applicants: Lee County Generating Station, LLC, Eagle Point Power Generation LLC, Gibson City Energy Center, LLC, Grand Tower Energy Center, LLC, Hazle Spindle, LLC, La Paloma Generating Company, LLC, Michigan Power Limited Partnership, Quantum Pasco Power, LP, Sabine Cogen, LP, Shelby County Energy Center, LLC, Stephentown Spindle, LLC, Vineland Energy LLC.

    Description: Notice of Non-Material Change in Status of the Rockland Sellers.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5403.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-286-000.

    Applicants: American Transmission Systems, Incorporated, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: ATSI submits Interconnection Agreement No. 3994 to be effective 1/14/2018.

    Filed Date: 11/14/17.

    Accession Number: 20171114-5044.

    Comments Due: 5 p.m. ET 12/5/17.

    Docket Numbers: ER18-287-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to ISA No. 4493, Queue No. AB1-096 to be effective 6/17/2016.

    Filed Date: 11/14/17.

    Accession Number: 20171114-5074.

    Comments Due: 5 p.m. ET 12/5/17.

    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 14, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-25055 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-23-000] Notice of Institution of Section 206 Proceeding and Refund Effective Date; DTE Electric Company

    On November 9, 2017, the Commission issued an order in Docket No. EL18-23-000, pursuant to section 206 of the Federal Power Act (FPA), 16 U.S.C. 824e (2012), instituting an investigation into whether DTE Electric Company's proposed revisions to its FERC Electric Tariff may be unjust, unreasonable, unduly discriminatory or preferential. DTE Electric Company, 161 FERC 61,148 (2017).

    The refund effective date in Docket No. EL18-23-000, established pursuant to section 206(b) of the FPA, will be the date of publication of this notice in the Federal Register.

    Any interested person desiring to be heard in Docket No. EL18-23-000 must file a notice of intervention or motion to intervene, as appropriate, with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, in accordance with Rule 214 of the Commission's Rules of Practice and Procedure, 18 CFR 385.214, within 21 days of the date of issuance of the order.

    Dated: November 14, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-25059 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

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

    Docket Numbers: EC18-14-000.

    Applicants: Red Pine Wind Project, LLC.

    Description: Application for Authorization under Section 203 of the Federal Power Act and Request for Expedited Consideration and Confidential Treatment of Red Pine Wind Project, LLC.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5213.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: EC18-15-000.

    Applicants: Rock Falls Wind Farm LLC.

    Description: Application for Authorization under Section 203 of the Federal Power Act and Request for Expedited Consideration and Confidential Treatment of Rock Falls Wind Farm LLC.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5215.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: EC18-16-000.

    Applicants: Backbone Mountain Windpower LLC, Diablo Winds, LLC, FPL Energy Cabazon Wind, LLC, Meyersdale Windpower, LLC, Mill Run Windpower LLC, Somerset Windpower LLC, Waymart Wind Farm L.P., FPL Energy National Wind Portfolio, LLC, Legacy Holdings Ventures, LLC, Huntsman Wind, LLC.

    Description: Application for Approval under Section 203 of the FPA and Requests for Waiver of Filing Requirements, Privileged and Confidential Treatment, a Shortened Comment Period and Expedited Action of Backbone Mountain Windpower LLC, et. al.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5220.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: EC18-17-000.

    Applicants: PPL Electric Utilities Corporation, Louisville Gas & Electric Company, Kentucky Utilities Company, LG&E Energy Marketing Inc., Electric Energy Inc., Midwest Electric Power, Inc.

    Description: Application for Authorization Under Section 203 of the FPA and Requests for Waivers of Filing Requirements, Shortened Comment Period and Expedited Consideration of PPL Electric Utilities Corporation, et al.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5226.

    Comments Due: 5 p.m. ET 11/30/17.

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

    Docket Numbers: ER10-2351-008; ER11-2107-014; ER11-2108-014; ER14-1668-006; ER14-1669-006; ER14-1674-006; ER14-1670-006; ER14-1671-006; ER14-1675-006; ER14-1673-006; ER14-1676-006; ER14-1677-006; ER14-1678-006; ER14-1679-006; ER14-1672-006.

    Applicants: Jeffers Wind 20, LLC, North Community Turbines LLC, North Wind Turbines LLC, Community Wind North 1 LLC, Community Wind North 2 LLC, Community Wind North 3 LLC, Community Wind North 5 LLC, Community Wind North 6 LLC, Community Wind North 7 LLC, Community Wind North 8 LLC, Community Wind North 9 LLC, Community Wind North 10 LLC, Community Wind North 11 LLC, Community Wind North 13 LLC, Community Wind North 15 LLC

    Description: Notice of Change in Status of Jeffers Wind 20, LLC, et. al.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5233.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER10-2881-031 ER10-2882-033; ER10-2884-031; ER10-2883-031; ER10-2885-031; ER10-2641-030; ER10-2663-031; ER10-1874-005; EL18-21-000.

    Applicants: Alabama Power Company, Southern Power Company, Georgia Power Company, Mississippi Power Company, Gulf Power Company, Oleander Power Project, Limited Partnership, Southern Company—Florida LLC, Mankato Energy Center, LLC, SG2 Imperial Valley, LLC.

    Description: Response of Southern Company Services, Inc. to the October 25, 2017 Order.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5203.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER10-2964-014.

    Applicants: Selkirk Cogen Partners, L.P.

    Description: Addendum to June 30, 2017 Triennial Market Power Update of Selkirk Cogen Partners, L.P.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5173.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER17-2478-001.

    Applicants: Palmco Power NH, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5185.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER17-2479-001.

    Applicants: Palmco Power OH, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5192.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER17-2480-001.

    Applicants: Palmco Power RI, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5193.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER17-2482-001.

    Applicants: Palmco Power NJ, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5186.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER17-2483-001.

    Applicants: Palmco Power VA, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5194.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER17-2486-001.

    Applicants: Palmco Power NY, LLC.

    Description: Tariff Amendment: Modify Tariff Language to be effective 11/13/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5187.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER18-280-000.

    Applicants: Lee County Generating Station, LLC.

    Description: § 205(d) Rate Filing: Notice of Succession to be effective 11/24/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5195.

    Comments Due: 5 p.m. ET 11/30/17.

    Docket Numbers: ER18-281-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Interconnection Service Agreement No. 3324, Queue No. AB1-033 to be effective 10/13/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5166.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-282-000

    Applicants: Duke Energy Carolinas, LLC, Duke Energy Progress, LLC.

    Description: Notices of Cancellation of Duke Energy Carolinas, LLC and Duke Energy Progress, LLC of Jurisdictional Transmission Service Agreements.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5174.

    Comments Due: 5 p.m. ET 12/4/17.

    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 13, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25082 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

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

    Docket Numbers: EC18-18-000.

    Applicants: Longview Power, LLC.

    Description: Application for Approval Under Section 203 of the Federal Power Act and Request for Expedited Action of Longview Power, LLC.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5255.

    Comments Due: 5 p.m. ET 12/4/17.

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

    Docket Numbers: ER17-440-004.

    Applicants: Alpaca Energy LLC.

    Description: Compliance filing: Compliance Filing of Revised Rate Schedule to be effective 2/1/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5292.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER17-444-004.

    Applicants: Milan Energy LLC.

    Description: Compliance filing: Compliance Filing of Revised Rate Schedule to be effective 2/1/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5291.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-283-000.

    Applicants: EUI Affiliate LLC.

    Description: § 205(d) Rate Filing: EUI Affiliate LLC MBR Tariff Revised to be effective 11/14/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5219.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-284-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of Original Service Agreement No. 4595, Queue No. AB1-098 to be effective 9/25/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5269.

    Comments Due: 5 p.m. ET 12/4/17.

    Docket Numbers: ER18-285-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement 4818, Queue No. AA1-006 (WMPA) to be effective 6/2/2015.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5281.

    Comments Due: 5 p.m. ET 12/4/17.

    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 13, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25078 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 2680-113] Consumers Energy Company, DTE Electric Company; Notice of Settlement Agreement and Soliciting Comments

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

    a. Type of Application: Fish Entrainment Settlement Agreement.

    b. Project No.: 2680-113.

    c. Date filed: November 13, 2017.

    d. Applicants: Consumers Energy Company and DTE Electric Company.

    e. Name of Project: Ludington Pumped Storage Project.

    f. Location: The existing project is located on the east shore of Lake Michigan in the townships of Pere Marquette and Summit, Mason County, Michigan and in Port Sheldon, Ottawa County, Michigan. The Ottawa County portion of the project is a 1.8-acre satellite recreation site, located about 70 miles south of the project. The project does not affect federal lands.

    g. Filed Pursuant to: Rule 602 of the Commission's Rules of Practice and Procedure, 18 CFR 385.602.

    h. Applicant Contact: David McIntosh, Consumers Energy Company, Hydro and Renewable Generation, 330 Chestnut Street, Cadillac, MI 49601; Telephone (231) 779-5506, email—[email protected]

    i. FERC Contact: Aaron Liberty, (202) 502-6862 or [email protected]

    j. Deadline for filing comments: Comments are due within 20 days of the notice. Reply comments due within 30 days of the notice.

    The Commission strongly encourages electronic filing. Please file comments using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-2680-113.

    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. Consumers Energy Company and DTE Electric Company (Consumers and DTE Companies) filed a fish entrainment settlement agreement (settlement agreement) on behalf of Consumers and DTE Companies; Attorney General for the State of Michigan; Michigan Department of Natural Resources; United States Department of Interior, on behalf of the United States Fish and Wildlife Service and as Trustee for Indian tribes, bands, or communities with reserved treaty rights in the Michigan waters of Lake Michigan; Grand Traverse Band of Ottawa and Chippewa Indians; Little River Band of Ottawa Indians; Little Traverse Bay Bands of Odawa Indians; Michigan United Conservation Clubs; and National Wildlife Federation. The purpose of the settlement agreement is to resolve among the signatories all issues associated with issuance of a new license for the project regarding fish entrainment. The signatories request that the Commission approve and incorporate into any new license that may be issued for the project the relevant portions of the settlement agreement as described in Section V.H. Included in the settlement agreement is a request from the signatories for a 50-year license term.

    l. A copy of the settlement agreement is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. Copies of the settlement agreement are also available for inspection and reproduction at the address in item h above and the following addresses: (1) DTE Electric Company, One Energy Plaza, Detroit, MI 48226, and (2) Mason County District Library, 217 East Ludington Ave, Ludington, Michigan 49431.

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

    Dated: November 14, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25090 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 9691-004] Matthew W. Foley, Elizabeth E. Rapalee; 8 Church Lane, LLC; Notice of Transfer of Exemption

    1. By letter filed August 24, 2017, Matthew W. Foley informed the Commission that the exemption from licensing for the Wadhams Hydroelectric Project No. 9691, originally issued August 13, 1986 1 has been transferred to 8 Church Lane, LLC. The project is located on the Boquet River in Essex County, New York. The transfer of an exemption does not require Commission approval.

    1 Order Granting Exemption From Licensing (5 MW or Less). Matthew W. Foley and Elizabeth E. Rapalee, 36 FERC 62,190 (1986).

    2. 8 Church Lane, LLC is now the exemptee of the Wadhams Hydroelectric Project No. 9691. All correspondence should be forwarded to: Mr. Matthew W. Foley and Ms. Elizabeth E. Rapalee, 8 Church Lane, LLC, 2531 County Route 10, Wadhams, NY 12993, Phone: 518-962-4514, Cell: 518-524-4240, Email: [email protected]

    Dated: November 14, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25091 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP18-150-000.

    Applicants: National Fuel Gas Supply Corporation.

    Description: § 4(d) Rate Filing: Revised GTC 24.1 (Overbeck) to be effective 11/8/2017.

    Filed Date: 11/8/17.

    Accession Number: 20171108-5122.

    Comments Due: 5 p.m. ET 11/20/17.

    Docket Numbers: RP18-151-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: § 4(d) Rate Filing: Neg Rate 2017-11-08 Encana to be effective 11/8/2017.

    Filed Date: 11/8/17.

    Accession Number: 20171108-5147.

    Comments Due: 5 p.m. ET 11/20/17.

    Docket Numbers: RP18-152-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: § 4(d) Rate Filing: Amendment to NRA Filing Tenaska Marketing Ventures RP18- to be effective 11/8/2017.

    Filed Date: 11/8/17.

    Accession Number: 20171108-5175.

    Comments Due: 5 p.m. ET 11/20/17.

    Docket Numbers: RP18-153-000.

    Applicants: Northern Natural Gas Company.

    Description: § 4(d) Rate Filing: 20171109 Service Agreement Form Revisions to be effective 12/9/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5048.

    Comments Due: 5 p.m. ET 11/21/17.

    Docket Numbers: RP18-154-000.

    Applicants: Northern Natural Gas Company.

    Description: § 4(d) Rate Filing: 20171109 Negotiated Rate to be effective 11/10/2017.

    Filed Date: 11/9/17.

    Accession Number: 20171109-5156.

    Comments Due: 5 p.m. ET 11/21/17.

    Docket Numbers: RP17-955-001.

    Applicants: Tennessee Gas Pipeline Company, L.L.C.

    Description: Report Filing: Notification of Susquehanna West Project In-Service Date RP17-955-001 CP-148-000.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5001.

    Comments Due: 5 p.m. ET 11/27/17.

    Docket Numbers: RP18-155-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates—Nat Gas & Electric 795328 to be effective 11/10/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5006.

    Comments Due: 5 p.m. ET 11/27/17.

    Docket Numbers: RP18-156-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: § 4(d) Rate Filing: Negotiated Rates—BP 511017 eff 11-10-2017 to be effective 11/10/2017.

    Filed Date: 11/13/17.

    Accession Number: 20171113-5007.

    Comments Due: 5 p.m. ET 11/27/17.

    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 13, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-25056 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-133-000] Northwest Pipeline LLC; Notice of Availability of the Environmental Assessment for the Proposed North Fork Nooksack Line Lowering Project

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared an environmental assessment (EA) for the North Fork Nooksack Line Lowering Project, proposed by Northwest Pipeline LLC (Northwest) in the above-referenced docket. Northwest requests authorization to replace and lower approximately 1,700 feet of 30-inch-diameter natural gas pipeline, and remove about 1,550 feet of previously abandoned 26-inch-diameter pipeline in Whatcom County, Washington. The North Fork Nooksack Line Lowering Project would eliminate a potential obstruction to river flow and improve system reliability.

    The EA assesses the potential environmental effects of the construction and operation of the North Fork Nooksack Line Lowering Project in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed project, with appropriate mitigating measures, would not constitute a major federal action significantly affecting the quality of the human environment.

    The U.S. Army Corps of Engineers has participated as a cooperating agency in the preparation of the EA. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis.

    The proposed North Fork Nooksack Line Lowering Project includes the following:

    • Remove, replace, and lower approximately 1,700 feet of 30-inch-diameter natural gas pipeline in the same trench; and

    • remove approximately 1,550 feet of previously abandoned 26-inch-diameter natural gas pipeline that would become exposed during the removal and installation of the 30-inch-diameter pipeline.

    The FERC staff mailed copies of the EA to federal, state, and local government representatives and agencies; elected officials; Native American tribes; potentially affected landowners and other interested individuals and groups; and newspapers and libraries in the project area. In addition, the EA is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies of the EA are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the EA may do so. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. The more specific your comments, the more useful they will be. To ensure that the Commission has the opportunity to consider your comments prior to making its decision on this project, it is important that we receive your comments in Washington, DC on or before December 13, 2017.

    For your convenience, there are three methods you can use to file your comments to the Commission. In all instances, please reference the project docket number (CP17-133-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can also file your comments electronically using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on eRegister. You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).1 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    1 See the previous discussion on the methods for filing comments.

    Additional information about the project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP17-133). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Dated: November 13, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-25079 Filed 11-17-17; 8:45 am] BILLING CODE 6717-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meetings FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

    82 FR 52902.

    PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

    Thursday, November 16, 2017 at 10:00 a.m.

    CHANGES IN THE MEETING:

    The Following Matter Was Also Considered: REG 2011-02 (Internet Communication Disclaimers).

    CONTACT PERSON FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-25179 Filed 11-16-17; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL MARITIME COMMISSION [Petition No. P4-16] Petition of the Coalition for Fair Port Practices for Rulemaking; Notice of Public Hearing and Request for Comments AGENCY:

    Federal Maritime Commission.

    ACTION:

    Notice of hearing and request for comments.

    SUMMARY:

    The Commission has determined to hold hearings on January 16 and 17, 2018, to receive oral testimony concerning the Petition of the Coalition for Fair Port Practices for Rulemaking.

    DATES:

    Request for appearance and comments are due by December 8, 2017.

    ADDRESSES:

    All requests to appear and comments should be addressed to: Rachel Dickon, Assistant Secretary, Federal Maritime Commission, 800 North Capitol St. NW., Room 1046, Washington, DC 20573-0001, Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    On December 7, 2016 the Coalition for Fair Port Practices petitioned the Federal Maritime Commission (Commission) pursuant to 46 CFR 502.51 of the Commission's Rules of Practice and Procedure to initiate a rulemaking proceeding. Petitioner states the purpose of the rulemaking is for the Commission to adopt “a rule that will interpret the Shipping Act of 1984 . . . specifically 46 U.S.C. 41102(c)”. The petition and comments received are posted on the Commission's Web site at https://www.fmc.gov/p4-16/.

    The Commission will hold public hearings to explore further the issues surrounding P4-16, the Petition of the Coalition for Fair Port Practices and the related comments filed in this proceeding. The hearings will take place on January 16 and 17, 2018, at 10:00 a.m. in the Commission's Main Hearing Room, 800 North Capitol Street NW., Washington, DC. The hearing will be open for public observation.

    Any person wishing to participate and speak at the hearing must send a request to appear as a participant witness no later than December 8, 2017, and include the name, street address, email address, telephone number, and the name of your company or employer, if any, together with a summary of the intended testimony, not to exceed three pages. The Commission will extend invitations to selected interested witnesses to participate in the hearing and may invite others to participate.

    Copies of all written submissions will be posted to the Commission's Web site and will be available in the Commission's Office of the Secretary.

    The petition arose out of experiences of coalition members—importers, exporters, drayage providers, freight forwarders, customs brokers, and third-party logistics providers—with port congestion that ultimately led to vessel ocean common carrier (VOCC) and marine terminal operator (MTO) assessments of detention, demurrage, and per diem charges. The petition lists events over the preceding five years that led to port congestion including Hurricane Sandy (2012), harsh winter (2013-2014), west coast labor agreement (2014-2015), cargo diversions from west coast to east coast (2015), winter storms (2014-2015), port hiring practices protests—New York/New Jersey (June 2016), and the Hanjin bankruptcy (Fall 2016).

    On December 20, 2016, the Commission published a notice in the Federal Register asking interested persons to submit views or arguments in reply to the Petition. The Commission received 115 responses, including comments from Members of Congress, trade and shipper associations representing various interests, individual importers, exporters, customs brokers, freight forwarders, logistics companies, trucking and drayage companies, VOCCs, port authorities, and MTOs.

    The many responses to the Petition illustrate the complexity of issues surrounding ocean container shipping and marine terminal operations.

    Given the importance of this issue, its complexity, and the public interest indicated by the number and quality of comments submitted in response to the Petition, the Commission will hold public hearings to further explore the issues raised by the Petition and address specific questions. Commentary and answers to these questions will be helpful to the Commission as it determines its next steps with regard to Petition P4-16.

    By the Commission.

    Rachel E. Dickon, Assistant Secretary.
    [FR Doc. 2017-25016 Filed 11-17-17; 8:45 am] BILLING CODE 6731-AA-P
    FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act; Notice of Board Member Meeting Agenda

    November 28, 2017, 8:30 a.m. (In-Person).

    Open Session 1. Approval of the minutes for the October 23, 2017 Board Member Meeting 2. Monthly Reports (a) Participant Activity (b) Investment Performance (c) Legislative Report 3. Quarterly Reports (d) Metrics (e) Project Activity 4. Capital Market and L Fund Annual Asset Allocation Review 5. TSP Investment Option Benchmark Study 6. 2018 Proposed Internal Audit Schedule 7. Enterprise Risk Framework and Dashboard 8. Blended Retirement Update 9. IT Update Closed Session

    Information covered under 5 U.S.C. 552b (c)(6) and (c)(9)(B).

    Adjourn.

    CONTACT PERSON FOR MORE INFORMATION:

    Kimberly Weaver, Director, Office of External Affairs, (202) 942-1640.

    Dated: November 16, 2017. Megan Grumbine, General Counsel, Federal Retirement Thrift Investment Board.
    [FR Doc. 2017-25184 Filed 11-16-17; 4:15 pm] BILLING CODE 6760-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-4853] Receipt of Notice That a Patent Infringement Complaint Was Filed Against a Biosimilar Applicant AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is publishing notice that an applicant for a proposed biosimilar product notified FDA that a patent infringement action was filed in connection with the applicant's biologics license application (BLA). Under the Public Health Service Act (PHS Act), an applicant for a proposed biosimilar product or interchangeable product must notify FDA within 30 days after the applicant was served with a complaint in a patent infringement action described under the PHS Act. FDA is required to publish notice of the complaint in the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Daniel Orr, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6246, Silver Spring, MD 20993-0002, 240-402-0979, [email protected]

    SUPPLEMENTARY INFORMATION:

    The Biologics Price Competition and Innovation Act of 2009 (BPCI Act) was enacted as part of the Patient Protection and Affordable Care Act (Pub. L. 111-148) on March 23, 2010. The BPCI Act amended the PHS Act and created an abbreviated licensure pathway for biological products shown to be biosimilar to, or interchangeable with, an FDA-licensed biological reference product. Section 351(k) of the PHS Act (42 U.S.C. 262(k)), added by the BPCI Act, describes the requirements for a BLA for a proposed biosimilar product or a proposed interchangeable product (351(k) BLA). Section 351(l) of the PHS Act, also added by the BPCI Act, describes certain procedures for exchanging patent information and resolving patent disputes between a 351(k) BLA applicant and the holder of the BLA reference product. If a 351(k) applicant is served with a complaint for a patent infringement described in section 351(l)(6) of the PHS Act, the applicant is required to provide FDA with notice and a copy of the complaint within 30 days of service. FDA is required to publish notice of a complaint received under section 351(l)(6)(C) of the PHS Act in the Federal Register.

    FDA received notice of the following complaint under section 351(l)(6)(C) of the PHS Act: Janssen Biotech, Inc. v. Celltrion Healthcare Co. Ltd., et al., 17-cv-11008 (D. Mass., filed May 31, 2017).

    FDA has only a ministerial role in publishing notice of a complaint received under section 351(l)(6)(C) of the PHS Act, and does not perform a substantive review of the complaint.

    Dated: November 14, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-25070 Filed 11-17-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-P-5124] Medical Devices; Exemption From Premarket Notification: Over-the-Counter Denture Repair Kits AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) is announcing that it has received a petition requesting exemption from the premarket notification requirements for over-the-counter (OTC) denture repair kits. These devices consist of material, such as a resin monomer system of powder and liquid glues, which is intended to be applied permanently to a denture to mend cracks or breaks. FDA is publishing this notice to obtain comments in accordance with procedures established by the Food and Drug Administration Modernization Act of 1997 (FDAMA).

    DATES:

    Submit either electronic or written comments by January 19, 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 19, 2018. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of January 19, 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-2017-P-5124 for “Medical Devices; Exemption From Premarket Notification: OTC Denture Repair Kits.” 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:

    Rebecca Nipper, Center for Devices and Radiological Health, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 66, Rm. 1540, Silver Spring, MD 20993-0002, 301-796-6527.

    SUPPLEMENTARY INFORMATION: I. Statutory Background

    Under section 513 of the Federal Food, Drug, and Cosmetic Act (the FD&C Act) (21 U.S.C. 360c), FDA must classify devices into one of three regulatory classes: Class I, class II, or class III. FDA classification of a device is determined by the amount of regulation necessary to provide a reasonable assurance of safety and effectiveness. Under the Medical Device Amendments of 1976 (1976 amendments) (Pub. L. 94-295), as amended by the Safe Medical Devices Act of 1990 (Pub. L. 101-629), devices are to be classified into class I (general controls) if there is information showing that the general controls of the FD&C Act are sufficient to assure safety and effectiveness; into class II (special controls), if general controls, by themselves, are insufficient to provide reasonable assurance of safety and effectiveness, but there is sufficient information to establish special controls to provide such assurance; and into class III (premarket approval), if there is insufficient information to support classifying a device into class I or class II and the device is a life-sustaining or life-supporting device or is for a use which is of substantial importance in preventing impairment of human health or presents a potential unreasonable risk of illness or injury.

    Most generic types of devices that were on the market before the date of the 1976 amendments (May 28, 1976) (generally referred to as preamendments devices) have been classified by FDA under the procedures set forth in section 513(c) and (d) of the FD&C Act through the issuance of classification regulations into one of these three regulatory classes. Devices introduced into interstate commerce for the first time on or after May 28, 1976 (generally referred to as postamendments devices), are classified through the premarket notification process under section 510(k) of the FD&C Act (21 U.S.C. 360(k)). Section 510(k) of the FD&C Act and the implementing regulations, 21 CFR part 807, require persons who intend to market a new device to submit a premarket notification (510(k)) containing information that allows FDA to determine whether the new device is ”substantially equivalent” within the meaning of section 513(i) of the FD&C Act to a legally marketed device that does not require premarket approval.

    On November 21, 1997, the President signed into law FDAMA (Pub. L. 105-115). Section 206 of FDAMA, in part, added new section 510(m) to the FD&C Act. Section 510(m)(1) of the FD&C Act requires FDA, within 60 days after enactment of FDAMA, to publish in the Federal Register a list of each type of class II device that does not require a report under section 510(k) of the FD&C Act to provide reasonable assurance of safety and effectiveness. Section 510(m) of the FD&C Act further provides that a 510(k) will no longer be required for these devices upon the date of publication of the list in the Federal Register. FDA published that list in the Federal Register of January 21, 1998 (63 FR 3142).

    Section 510(m)(2) of the FD&C Act provides that, 1 day after the date of publication of the list under section 510(m)(1), FDA may exempt a device on its own initiative or upon petition of an interested person, if FDA determines that a 510(k) is not necessary to provide reasonable assurance of the safety and effectiveness of the device. This section, as amended by the 21st Century Cures Act (Pub. L. 114-255), requires FDA to publish in the Federal Register a notice of intent to exempt a device, or of the petition, and to provide a 60-day comment period. Within 120 days of publication of this document, FDA must publish in the Federal Register its final determination regarding the exemption of the device that was the subject of the notice. If FDA fails to respond to a petition under this section within 180 days of receiving it, the petition shall be deemed granted.

    II. Criteria for Exemption

    There are a number of factors FDA may consider to determine whether a 510(k) is necessary to provide reasonable assurance of the safety and effectiveness of a class II device. These factors are discussed in the guidance the Agency issued on February 19, 1998, entitled ”Procedures for Class II Device Exemptions from Premarket Notification, Guidance for Industry and CDRH Staff.” That guidance is available through the internet at https://www.fda.gov/downloads/MedicalDevices/DeviceRegulationandGuidance/GuidanceDocuments/UCM080199.pdf or by sending an email request to [email protected] to receive a copy of the document. Please use the document number 159 to identify the guidance you are requesting.

    III. Proposed Class II Device Exemptions

    FDA has received the following petition requesting an exemption from premarket notification for a class II device: Paul Hyman, Hyman, Phelps & McNamara, PC, 700 13th St. NW., Suite 1200, Washington, DC 20005-5929, for OTC denture repair kits, classified under 21 CFR 872.3570.

    IV. Paperwork Reduction Act of 1995

    This notice refers to previously approved collections of information found in FDA regulations. These collections of information are subject to review by the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). The collections of information in 21 CFR 807, subpart E, regarding premarket notification submissions, have been approved under OMB control number 0910-0120.

    Dated: November 9, 2017. Anna K. Abram, Deputy Commissioner for Policy, Planning, Legislation, and Analysis.
    [FR Doc. 2017-25065 Filed 11-17-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Indian Health Service Request for Public Comment: 60 Day Notice for Extension of the Indian Health Service Loan Repayment Program AGENCY:

    Indian Health Service, HHS.

    ACTION:

    Notice and request for comments. Request for extension of approval.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the Indian Health Service (IHS) invites the general public to take this opportunity to comment on the information collection Office of Management and Budget (OMB) Control Number 0917-0014, titled, “IHS Loan Repayment Program (LRP).”

    This previously approved information collection project was last published in the Federal Register (80 FR 23558) on April 28, 2015, and allowed 60 and 30 days for public comment. No public comment was received in response to the notices. This notice announces our intent to submit this collection, which expires July 31, 2018, to OMB for approval of an extension and solicit comments on specific aspects for the proposed information collection.

    A copy of the draft supporting statement is available at www.regulations.gov (see Docket ID IHS_FRDOC_0001).

    DATES:

    Consideration will be given to all comments received by January 19, 2018.

    ADDRESSES:

    Submit comments to Jackie Santiago by one of the following methods:

    Mail: Jackie Santiago, Chief, Loan Repayment Program, 5600 Fishers Lane, Mail Stop: 11E53A, Rockville, MD 20857.

    Phone: 301-443-2486.

    Email: [email protected]

    Fax: 301-443-4815.

    Comments submitted in response to this notice will be made available to the public by publishing them in the 30 day Federal Register notice for this information collection. For this reason, please do not include information of a confidential nature, such as sensitive personal information or proprietary information. If comments are submitted via email, the email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments that may be made available to the public notwithstanding the inclusion of the routine notice.

    FOR FURTHER INFORMATION CONTACT:

    To request additional information, please contact Evonne Bennett-Barnes, Information Collection Clearance Officer at: [email protected] or 301-443-4750.

    SUPPLEMENTARY INFORMATION:

    The IHS is submitting the proposed information collection to OMB for review, as required by section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995. This notice is soliciting comments from members of the public and affected agencies as required by 44 U.S.C. 3506(c)(2)(A) concerning the proposed collection of information 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 proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques of other forms of information technology, e.g., permitting electronic submission of responses.

    Title: 0917-0014, “Indian Health Service Loan Repayment Program.”

    Type of Information Collection Request: Three year extension approval of this information collection.

    OMB Control Number: 0917-0014.

    Forms: Educational and Professional Background, Financial Information, and General Applicant Information (i.e. all forms are part of the LRP application). The LRP application is available in an electronically fillable and fileable format.

    Need and Use of Information Collection: The IHS LRP identifies health professionals with pre-existing financial obligations for education expenses that meet program criteria and who are qualified and willing to serve at, often remote, IHS health care facilities. Under the program, eligible health professionals sign a contract through which the IHS agrees to repay part or all of their indebtedness in exchange for an initial two-year service commitment to practice fulltime at an eligible Indian health program. This program is necessary to augment the critically low health professional staff at IHS health care facilities.

    Eligible health professionals wishing to have their health education loans repaid may apply to the IHS LRP. A two-year contract obligation is signed by both parties, and the individual agrees to work at an eligible Indian health program location and provide health services to American Indian and Alaska Native individuals.

    The information collected via the on-line application from individuals is analyzed and a score is given to each applicant. This score will determine which applicants will be awarded each fiscal year. The administrative scoring system assigns a score to the geographic location according to vacancy rates for that fiscal year and also considers whether the location is in an isolated area. When an applicant accepts employment at a location, the applicant in turn “picks-up” the score of that location.

    Status of the Proposed Information Collection: Renewal of a current collection.

    Affected Public: Individuals and households.

    Type of Respondents: Individuals.

    The table below provides: Types of data collection instruments, Estimated number of respondents, Number of responses per respondent, Annual number of responses, Average burden hour per response, and Total annual burden hour(s).

    Estimated Burden Hours Data collection instrument(s) Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total annual
  • responses
  • (in hours)
  • LRP Application (3 forms in total) 1,726 1 1.5 2,589

    There are no Capital Costs, Operating Costs, and/or Maintenance Costs to report.

    RADM Michael D. Weahkee, Assistant Surgeon General, U.S. Public Health Service, Acting Director, Indian Health Service.
    [FR Doc. 2017-25049 Filed 11-17-17; 8:45 am] BILLING CODE 4165-16-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meeting

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

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

    Name of Committee: Center for Scientific Review Special Emphasis Panel: Member Conflict: Clinical Neurological Disorders and Aging.

    Date: December 4, 2017.

    Time: 10:00 a.m. to 12:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Samuel C. Edwards, Ph.D., Chief, Brain Disorders and Clinical Neuroscience, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5210, MSC 7846, Bethesda, MD 20892, (301) 435-1246, [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 13, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-25043 Filed 11-17-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of General Medical Sciences Notice of Organizational Change AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The National Institute of General Medical Sciences (NIGMS) of the National Institutes of Health (NIH) is seeking public comment regarding its proposal to reorganize and to rename its Center for Research Capacity Building to the Division for Research Capacity Building, and transfer the Office of Emergency Care Research to the National Institute of Neurological Disorders and Stroke.

    DATES:

    Any interested person may file written comments by sending an email to [email protected] by December 4, 2017. The statement should include the individual's name, and when applicable, professional affiliation.

    ADDRESSES:

    The following email address has been established for comments on the reorganization: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    Stephanie Older, Chief, Office of Communications and Public Liaison, NIGMS, [email protected], 301-496-7301.

    SUPPLEMENTARY INFORMATION:

    The National Institute of General Medical Sciences (NIGMS) of the National Institutes of Health (NIH) is seeking public comment regarding its proposal to reorganize four of its scientific divisions into three: (1) Biophysics, Biomedical Technology and Computational Biosciences; (2) Genetics and Molecular, Cellular and Developmental Biology; and (3) Pharmacology, Physiology, and Biological Chemistry. Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), NIGMS will launch public Web site information at https://nigms.nih.gov to encourage further public discussion of the proposal to reorganize. NIGMS will also provide information via its blog, https://loop.nigms.nih.gov/.

    Dated: November 9, 2017 Sally Lee, Associate Director for Management, National Institute of General Medical Sciences, National Institutes of Health.
    [FR Doc. 2017-24853 Filed 11-17-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Heart, Lung, and Blood Institute; Notice of Closed Meetings

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

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

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel, R25: Short-Term Research Education to Increase Diversity.

    Date: December 8, 2017.

    Time: 11:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7189, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: Lindsay M. Garvin, Ph.D., Scientific Review Officer, Office of Scientific Review, National Heart, Lung, and Blood Institute, National Institutes of Health, 6701 Rockledge Drive, Room 7189, Bethesda, MD 20892, 301-827-7911, [email protected].

    Name of Committee: National Heart, Lung, and Blood Institute Special Emphasis Panel; Implementation Research for People Living with HIV.

    Date: December 12, 2017.

    Time: 11:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892 (Telephone Conference Call).

    Contact Person: William J. Johnson, Ph.D., Scientific Review Officer, Office of Scientific Review/DERA, National Heart, Lung, and Blood Institute, 6701 Rockledge Drive, Room 7178, Bethesda, MD 20892-7924, 301-827-7938, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.233, National Center for Sleep Disorders Research; 93.837, Heart and Vascular Diseases Research; 93.838, Lung Diseases Research; 93.839, Blood Diseases and Resources Research, National Institutes of Health, HHS)
    Dated: November 14, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-25044 Filed 11-17-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket No. USCG-2017-0957] Cooperative Research and Development Agreement—Robotic Aircraft for Sensors Program for Maritime AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of intent; request for comments.

    SUMMARY:

    The Coast Guard announces its intent to enter into a cooperative research and development agreement (CRADA) with several companies to evaluate small unmanned aircraft systems (SUAS) sensors or payloads, to determine their potential use in a maritime environment by first responders and DHS operational components. The Coast Guard will conduct flight testing and evaluations of SUAS under a wide variety of simulated but realistic and relevant real-world maritime operational scenarios, such as: law enforcement; search and rescue; and maritime environmental responses. From our previous solicitations, the Coast Guard is currently considering partnering with AeroVironment, Inc. and solicits public comment on the possible participation of other parties in the proposed CRADA, and the nature of that participation. The Coast Guard also invites other potential non-Federal participants, who have the interest and capability to bring similar contributions to this type of research, to consider submitting proposals for consideration in similar CRADAs.

    DATES:

    Comments must reach the Coast Guard on or before December 20, 2017. Synopses of proposals regarding future CRADAs must also reach the Coast Guard on or before December 20, 2017.

    ADDRESSES:

    Submit comments online at http://www.regulations.gov following Web site instructions. Submit synopses of proposals regarding future CRADAs to Mr. Steve Dunn at his address listed in the FOR FURTHER INFORMATION CONTACT section.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this notice or wish to submit proposals for future CRADAs, contact Mr. Steve Dunn, Project Official, Systems Branch, U.S. Coast Guard Research and Development Center, 1 Chelsea Street, New London, CT 06320, telephone 860-271-2789, email [email protected]

    SUPPLEMENTARY INFORMATION:

    Public Participation and Request for Comments

    We request public comments on this notice. Although we do not plan to publish responses to comments in the Federal Register, we will respond directly to commenters and may modify our proposal in light of comments.

    Comments should be marked with docket number USCG-2017-0957 and should provide a reason for each suggestion or recommendation. You should provide personal contact information so that we can contact you if we have questions regarding your comments; but please note that all comments will be posted to the online docket without change and that any personal information you include can be searchable online. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice. We do accept anonymous comments.

    We encourage you to submit comments through the Federal Portal at http://www.regulations.gov. If your material cannot be submitted using http://www.regulations.gov, contact the Coast Guard (see FOR FURTHER INFORMATION CONTACT). Documents mentioned in this notice and all public comments will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted.

    Do not submit detailed proposals for future CRADAs to http://www.regulations.gov. Instead, submit them directly to the Coast Guard (see FOR FURTHER INFORMATION CONTACT).

    Discussion

    CRADAs are authorized under 15 U.S.C. 3710(a).1 A CRADA promotes the transfer of technology to the private sector for commercial use, as well as specified research or development efforts that are consistent with the mission of the Federal parties to the CRADA. The Federal party or parties agree with one or more non-Federal parties to share research resources, but the Federal party does not contribute funding.

    1 The statute confers this authority on the head of each Federal agency. The Secretary of DHS's authority is delegated to the Coast Guard and other DHS organizational elements by DHS Delegation No. 0160.1, para. II.B.34.

    CRADAs are not procurement contracts. Care is taken to ensure that CRADAs are not used to circumvent the contracting process. CRADAs have a specific purpose and should not be confused with procurement contracts, grants, and other type of agreements.

    Under the proposed CRADA, the Coast Guard's Research and Development Center (R&DC) will collaborate with one or more non-Federal participants. Together, the R&DC and the non-Federal participants will evaluate SUAS and their airborne sensors to determine their potential for use in a maritime environment by a first responder and DHS operational components.

    We anticipate that the Coast Guard's contributions under the proposed CRADA will include the following:

    (1) Develop the demonstration test plan to be executed under the CRADA;

    (2) Provide the SUAS test range, test range support, facilities, and all approvals required for a 5 day demonstration under the CRADA;

    (3) Conduct the privacy threshold analysis required for the demonstration;

    (4) Conduct the privacy impact assessment required for the demonstration;

    (5) Coordinate any required spectrum approval for the SUAS;

    (6) Coordinate and receive any required interim flight clearance for the demonstration;

    (7) Provide any required airspace coordination and de-confliction for the demonstration test plan;

    (8) Collect and analyze demonstration test plan data; and

    (9) Develop a demonstration final report documenting the methodologies, findings, conclusions, and recommendations of this CRADA work.

    We anticipate that the non-Federal participants' contributions under the proposed CRADA will include the following:

    (1) Provide SUAS and all other equipment to conduct the demonstration described in the demonstration test plan;

    (2) Provide all required operators and technicians to conduct the demonstration;

    (3) Provide technical data for the SUAS to be utilized;

    (4) Provide shipment and delivery of all SUAS equipment required for the demonstration; and

    (5) Provide travel and associated personnel and other expenses as required.

    The Coast Guard reserves the right to select for CRADA participants all, some, or no proposals submitted for this CRADA. The Coast Guard will provide no funding for reimbursement of proposal development costs. Proposals and any other material submitted in response to this notice will not be returned. Proposals submitted are expected to be unclassified and have no more than five single-sided pages (excluding cover page, DD 1494, JF-12, etc.). The Coast Guard will select proposals at its sole discretion on the basis of:

    (1) How well they communicate an understanding of, and ability to meet, the proposed CRADA's goal; and

    (2) How well they address the following criteria:

    (a) Technical capability to support the non-Federal party contributions described; and

    (b) Resources available for supporting the non-Federal party contributions described.

    Currently, the Coast Guard is considering AeroVironment, Inc. for participation in this CRADA, because they have demonstrated the ability to operate SUAS in a maritime environment. However, we do not wish to exclude other viable participants from this or future similar CRADAs.

    This is a technology demonstration effort. The goal of this CRADA is to identify and investigate the potential of the SUAS and their airborne sensors to determine their potential use in a maritime environment by the first responder and the DHS operational components. Special consideration will be given to small business firms/consortia, and preference will be given to business units located in the U.S.

    This notice is issued under the authority of 5 U.S.C. 552(a) and 15 U.S.C. 3710(a).

    Dated: November 2, 2017. Gregory C. Rothrock, Captain, USCG, Commanding Officer, U.S. Coast Guard Research and Development Center.
    [FR Doc. 2017-25076 Filed 11-17-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY [Docket No. DHS-2017-0048] The Department of Homeland Security, National Protection and Programs Directorate, National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog Collection AGENCY:

    National Protection and Programs Directorate (NPPD), Department of Homeland Security (DHS).

    ACTION:

    60-day notice and request for comments; Revised Information Collection Request: 1670-0030.

    SUMMARY:

    The DHS NPPD Office of Cybersecurity & Communications (CS&C), Cybersecurity Education & Awareness Office (CE&A), National Initiative for Cybersecurity Careers and Studies (NICCS) will submit the following Information Collection Request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    Comments are encouraged and will be accepted until January 19, 2018. This process is conducted in accordance with 5 CFR part 1320.

    ADDRESSES:

    Comments must be identified by “DHS-2017-0048” and may be submitted by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov.

    Email: [email protected]. Include the docket number “DHS-2017-0048” in the subject line of the message.

    Mail: Written comments and questions about this Information Collection Request should be forwarded to DHS/NPPD 245 Murray Lane SW., Mailstop 0380, Arlington, VA 20598-0380.

    Instructions: All submissions received must include the words “Department of Homeland Security” and docket number “DHS-2017-0048”. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. Written comments should reach the contact person listed no later than January 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Shannon Nguyen at 703-705-6246 or at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title II of the Homeland Security Act of 2002, 6 U.S.C. 121(d)(1), says that the Secretary of Homeland Security has the responsibility “To access, receive, and analyze laws enforcement information, intelligence information and other information from agencies of the Federal Government, State and local government agencies and Private sector entities and to integrate such information in support of the mission responsibilities of the Department.” The following authorities also permit DHS to collect information of the type contemplated: Federal Information Security Management Act of 2002 (FISMA), 44 U.S.C. 3546; Homeland Security Presidential Directive (HSPD) 7, Critical Infrastructure Identification, Prioritization, and Protection (2003); and National Security Presidential Directive (NSPD)-54/HSPD-23, Cybersecurity Policy (2009).

    The NICCS Portal is a national online resource for cybersecurity awareness, education, talent management, and professional development and training. NICCS Portal is an implementation tool for NICE. Its mission is to provide comprehensive cybersecurity resources to the public.

    To promote cybersecurity education, and to provide a comprehensive resource for the Nation, NICE developed the Cybersecurity Training and Education Catalog. The Cybersecurity Training and Education Catalog will be hosted on the NICCS Portal. Training course and certification information will be included in the Training/Workforce Development Catalog.

    Any information received from the public in support of the NICCS Portal and Cybersecurity Training and Education Catalog is completely voluntary. Organizations and individuals who do not provide information can still utilize the NICCS Portal and Cybersecurity Training and Education Catalog without restriction or penalty. An organization or individual who wants their information removed from the NICCS Portal and/or Cybersecurity Training and Education Catalog can email the NICCS Supervisory Office.

    CE&A uses the collected information from the NICCS Cybersecurity Training Course Form and the NICCS Cybersecurity Certification Form and displays it on a publicly accessible Web site called the National Initiative for Cybersecurity Careers and Studies (NICCS) Portal (http://niccs.us-cert.gov/). Collected information from these two forms will be included in the Cybersecurity Training and Education Catalog that is hosted on the NICCS Portal.

    The DHS CE&A NICCS Supervisory Office will use information collected from the NICCS Vendor Vetting Form to primarily manage communications with the training/workforce development providers; this collected information will not be shared with the public and is intended for internal use only. Additionally, this information will be used to validate training providers before uploading their training and certification information to the Training Catalog.

    The DHS CE&A NICCS Supervisory Office will use information collected from the NICCS Mapping Tool Form to provide an end user with information of how their position or job title aligns to the new Cybersecurity Framework 1.1. This collected information will not be shared with the public and is intended for internal use only.

    The information will be collected via fully electronic web forms or partially electronic via email. Collection will be coordinated between the public and DHS CE&A via email ([email protected]).

    The revisions to the collection include: The addition of the NICCS Mapping Tool, the updates to the Training Course Form, Changing a form name from Vetting Criteria Form to Vendor Vetting Form, Course Certification Form has been updated to be collected via email as a CSV file.

    OMB is particularly interested in comments that:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

    2. Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

    3. Enhance the quality, utility, and clarity of the information to be collected; and

    4. Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submissions of responses.

    Title: National Initiative for Cybersecurity Careers and Studies Cybersecurity Training and Education Catalog Collection.

    OMB Number: 1670-0030.

    Frequency: Occassionally.

    Affected Public: Educational Institutes (Privately Owned, and State/Local Government Owned).

    Number of Respondents: 1,350 respondents.

    Estimated Time per Respondent: 30 minutes.

    Total Burden Hours: 1,688 annual burden hours.

    Total Burden Cost: $0.

    Total Recordkeeping Burden: $0.

    Scott Libby, Deputy Chief Information Officer.
    [FR Doc. 2017-25102 Filed 11-17-17; 8:45 am] BILLING CODE 9110-9P-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT926000 L19100000.BK0000 LRCSEX702500; 18XL1109AF; MO# 4500115885] Notice of Proposed Filing of Plats of Survey: Montana AGENCY:

    Bureau of Land Management (BLM), Interior.

    ACTION:

    Notice of proposed official filing.

    SUMMARY:

    The plats of surveys for the lands described in this notice are scheduled to be officially filed 30 calendar days after the date of this publication in the BLM Montana State Office, Billings, Montana. The surveys, which were executed at the request of the Bureau of Indian Affairs, Rocky Mountain Region, Billings, Montana, are necessary for the management of these lands.

    DATES:

    A person or party who wishes to protest this decision must file a notice of protest in time for it to be received in the BLM Montana State Office no later than 30 days after the date of this publication.

    ADDRESSES:

    A copy of the plats may be obtained from the Public Room at the BLM Montana State Office, 5001 Southgate Drive, Billings, Montana 59101, upon required payment. The plats may be viewed at this location at no cost.

    FOR FURTHER INFORMATION CONTACT:

    Josh Alexander, BLM Chief Cadastral Surveyor for Montana; telephone: (406) 896-5123; email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at (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:

    The lands surveyed are:

    Principal Meridian, Montana T. 26 N., R. 45 E. Sec. 10. T. 27 N., R. 42 E. Secs. 27 and 28. T. 27 N., R. 51 E. Sec. 21. T. 27 N., R. 55 E. Sec. 7.

    A person or party who wishes to protest an official filing of a plat of survey identified above must file a written notice of protest with the BLM Chief Cadastral Surveyor for Montana at the address listed in the ADDRESSES section of this notice. The notice of protest must identify the plat(s) of survey that the person or party wishes to protest. The notice of protest must be received in the BLM Montana State Office no later than the scheduled date of the proposed official filing for the plat(s) of survey being protested; if received after regular business hours, a notice of protest will be considered filed the next business day. A written statement of reasons in support of the protest, if not filed with the notice of protest, must be filed with the BLM Chief Cadastral Surveyor for Montana within 30 calendar days after the notice of protest is received.

    If a notice of protest of the plat(s) of survey is received prior to the scheduled date of official filing or during the 10 calendar day grace period provided in 43 CFR 4.401(a) and the delay in filing is waived, the official filing of the plat(s) of survey identified in the notice of protest will be stayed pending consideration of the protest. A plat of survey will not be officially filed until the next business day after all timely protests have been dismissed or otherwise resolved.

    If a notice of protest is received after the scheduled date of official filing and the 10 calendar day grace period provided in 43 CFR 4.401(a), the notice of protest will be untimely, may not be considered, and may be dismissed.

    Before including your address, phone number, email address, or other personal identifying information in a notice of protest or statement of reasons, you should be aware that the documents you submit—including your personal identifying information—may be made publicly available in their entirety at any time. While you can ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    43 U.S.C. Chapter 3.

    Joshua F. Alexander, Chief Cadastral Surveyor for Montana.
    [FR Doc. 2017-25073 Filed 11-17-17; 8:45 am] BILLING CODE 4310-DN-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [17XL1109AF; L12200000.PM0000.241E; LLWO250000] Notice of Use Authorizations; Special Recreation Permits, Other Than on Developed Recreation Sites; Adjustment in Fees AGENCY:

    Bureau of Land Management, Interior.

    ACTION:

    Notice.

    SUMMARY:

    The Bureau of Land Management (BLM) is adjusting certain special recreation permit fees for various recreation activities on BLM-administered public lands and related waters. The BLM is adjusting the minimum fee for commercial, competitive, organized group activities or events, and assigned sites.

    DATES:

    The fee adjustments will become applicable on November 20, 2017.

    FOR FURTHER INFORMATION CONTACT:

    David Ballenger, Division of Recreation and Visitor Services, 202-912-7642. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 1-800-877-8339 to contact Mr. Ballenger during normal business hours. The Service is available 24 hours a day, 7 days a week, to leave a message or question with Mr. Ballenger. You will receive a reply during normal business hours.

    SUPPLEMENTARY INFORMATION:

    This notice establishes that, effective on November 20, 2017, the Special Recreation Permit (SRP) minimum fee for commercial use is $110 per year. The minimum fee for both competitive and organized group activities and events is $6 per person per day, and the minimum fee for an assigned site is $220 per site.

    The BLM Director is authorized to periodically adjust fees by the regulations found at 43 CFR 2932.31(b). The previous fee schedule went into effect on March 1, 2014. Commercial and reserved site fees are rounded to the nearest $5. Competitive and group use fees are rounded to the nearest $1. Individual states also have the option of imposing application fees as a matter of cost recovery and/or establishing higher minimum fees for SRPs. The next fee adjustment is scheduled for March 1, 2020.

    The intended effect of the fee calculation process is to ensure that fees cover administrative costs of permit issuance, provide a fair return to the U.S. Government for use of the public lands, and reflect fair market value. The BLM, in coordination with the U.S. Forest Service, automatically adjusts the minimum commercial, competitive, organized group and activity special recreation permit fees and minimum assigned site fee every 3 years.

    These fees are calculated and adjusted based on the change in the Implicit Price Deflator-Gross Domestic Product Index (IPD-GDP). The IPD-GDP is also available from the U.S. Department of Commerce, Bureau of Economic Analysis, at the following Web site: http://www.bea.gov/iTable/index_nipa.cfm.

    Authority:

    43 U.S.C. 1740, 16 U.S.C. 6802, and 43 CFR 2932.31

    Kristin Bail, Assistant Director, Renewable Resources and Planning.
    [FR Doc. 2017-25101 Filed 11-17-17; 8:45 am] BILLING CODE 4310-84-P
    DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMT926000 L11400000.BK0000; 18XL1109AF; MO# 4500115884] Notice of Proposed Filing of Plats of Survey: Montana AGENCY:

    Bureau of Land Management (BLM), Interior.

    ACTION:

    Notice of proposed official filing.

    SUMMARY:

    The plats of surveys for the lands described in this notice are scheduled to be officially filed 30 calendar days after the date of this publication in the BLM Montana State Office, Billings, Montana. The surveys, which were executed at the request of the BLM, are necessary for the management of these lands.

    DATES:

    A person or party who wishes to protest this decision must file a notice of protest in time for it to be received in the BLM Montana State Office no later than 30 days after the date of this publication.

    ADDRESSES:

    A copy of the plats may be obtained from the Public Room at the BLM Montana State Office, 5001 Southgate Drive, Billings, Montana 59101, upon required payment. The plats may be viewed at this location at no cost.

    FOR FURTHER INFORMATION CONTACT:

    Josh Alexander, BLM Chief Cadastral Surveyor for Montana; telephone: (406) 896-5123; email: [email protected] Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at (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:

    The lands surveyed are:

    Principal Meridian, Montana T. 22 N., R. 59 E. Sec. 30. T. 23 N., R. 16 E. Sec. 28. T. 7 S., R. 3 W. Secs. 23, 26, and 27. T. 13 S., R. 6 W. Sec. 32.

    A person or party who wishes to protest an official filing of a plat of survey identified above must file a written notice of protest with the BLM Chief Cadastral Surveyor for Montana at the address listed in the ADDRESSES section of this notice. The notice of protest must identify the plat(s) of survey that the person or party wishes to protest. The notice of protest must be received in the BLM Montana State Office no later than the scheduled date of the proposed official filing for the plat(s) of survey being protested; if received after regular business hours, a notice of protest will be considered filed the next business day. A written statement of reasons in support of the protest, if not filed with the notice of protest, must be filed with the BLM Chief Cadastral Surveyor for Montana within 30 calendar days after the notice of protest is received.

    If a notice of protest of the plat(s) of survey is received prior to the scheduled date of official filing or during the 10 calendar day grace period provided in 43 CFR 4.401(a) and the delay in filing is waived, the official filing of the plat(s) of survey identified in the notice of protest will be stayed pending consideration of the protest. A plat of survey will not be officially filed until the next business day after all timely protests have been dismissed or otherwise resolved.

    If a notice of protest is received after the scheduled date of official filing and the 10 calendar day grace period provided in 43 CFR 4.401(a), the notice of protest will be untimely, may not be considered, and may be dismissed.

    Before including your address, phone number, email address, or other personal identifying information in a notice of protest or statement of reasons, you should be aware that the documents you submit—including your personal identifying information—may be made publicly available in their entirety at any time. While you can ask us to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    Authority:

    43 U.S.C. Chapter 3.

    Joshua F. Alexander, Chief Cadastral Surveyor for Montana.
    [FR Doc. 2017-25072 Filed 11-17-17; 8:45 am] BILLING CODE 4310-DN-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520; OMB Control Number 1029-0040] Agency Information Collection Activities: Requirements for Permits for Special Categories of Mining AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice of Information Collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection for requirements for permits for special categories of mining.

    DATES:

    Interested persons are invited to submit comments on or before January 19, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to: The Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Attn: John Trelease, 1849 C Street NW.; Mail Stop 4559, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact John Trelease by email at [email protected], or by telephone at (202) 208-2783.

    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 OSMRE; (2) is the estimate of burden accurate; (3) how might the OSMRE enhance the quality, utility, and clarity of the information to be collected; and (4) how might the OSMRE 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 us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title of Collection: 30 CFR part 785—Requirements for permits for special categories of mining.

    OMB Control Number: 1029-0040.

    Abstract: The information is being collected to meet the requirements of sections 507, 508, 510, 515, 701 and 711 of Public Law 95-87, which require applicants for special types of mining activities to provide descriptions, maps, plans and data of the proposed activity. This information will be used by the regulatory authority in determining if the applicant can meet the applicable performance standards for the special type of mining activity.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Applicants for coal mine permits and State Regulatory Authorities.

    Total Estimated Number of Annual Respondents: 378.

    Total Estimated Number of Annual Responses: 378.

    Estimated Completion Time per Response: Varies from 7 hours to 1,000 hours, depending on activity.

    Total Estimated Number of Annual Burden Hours: 18,820 hours.

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

    Frequency of Collection: Once.

    Total Estimated Annual Nonhour Burden Cost: $0

    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.).

    Authority:

    The authorities for this action are the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1201 et seq.), and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: October 5, 2017. John A. Trelease, Acting Chief, Division of Regulatory Support.
    [FR Doc. 2017-25095 Filed 11-17-17; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520; OMB Control Number 1029-0112] Agency Information Collection Activities: Requirements for Coal Exploration AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection for requirements for coal exploration.

    DATES:

    Interested persons are invited to submit comments on or before January 19, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to: The Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Attn: John Trelease, 1849 C Street NW., Mail Stop 4559, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact John Trelease by email at [email protected], or by telephone at (202) 208-2783.

    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 OSMRE; (2) is the estimate of burden accurate; (3) how might the OSMRE enhance the quality, utility, and clarity of the information to be collected; and (4) how might the OSMRE 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 us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title of Collection: 30 CFR part 772—Requirements for coal exploration.

    OMB Control Number: 1029-0112.

    Abstract: OSMRE and State regulatory authorities use the information collected under 30 CFR part 772 to keep track of coal exploration activities, evaluate the need for an exploration permit, and ensure that exploration activities comply with the environmental protection and reclamation requirements of 30 CFR parts 772 and 815, and section 512 of SMCRA (30 U.S.C. 1262).

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Persons planning to conduct coal exploration and State regulatory authorities.

    Total Estimated Number of Annual Respondents: 1,024 persons submitting exploration notices or permits, and 24 State regulatory authorities.

    Total Estimated Number of Annual Responses: 1,125 responses by persons submitting exploration notices or permits, and 1,031 responses by State regulatory authorities.

    Estimated Completion Time per Response: Varies from .5 hours to 70 hours for persons submitting exploration notices or permits, depending on activity, .5 hours to 53 hours for State regulatory authorities, depending on activity.

    Total Estimated Number of Annual Burden Hours: 7,644 hours.

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

    Frequency of Collection: Once.

    Total Estimated Annual Nonhour Burden Cost: $2,408.

    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.).

    Authority:

    The authorities for this action are the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1201 et seq.), and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: October 5, 2017. John A. Trelease, Acting Chief, Division of Regulatory Support.
    [FR Doc. 2017-25096 Filed 11-17-17; 8:45 am] BILLING CODE 4310-05-P
    DEPARTMENT OF THE INTERIOR Office of Surface Mining Reclamation and Enforcement [S1D1S SS08011000 SX064A000 189S180110; S2D2S SS08011000 SX064A000 18XS501520; OMB Control Number 1029-0036] Agency Information Collection Activities: Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan AGENCY:

    Office of Surface Mining Reclamation and Enforcement, Interior.

    ACTION:

    Notice of information collection; request for comment.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, we, the Office of Surface Mining Reclamation and Enforcement (OSMRE), are proposing to renew an information collection for requirements for reclamation and operation plans.

    DATES:

    Interested persons are invited to submit comments on or before January 19, 2018.

    ADDRESSES:

    Send your comments on this information collection request (ICR) by mail to: The Office of Surface Mining Reclamation and Enforcement, Information Collection Clearance Officer, Attn: John Trelease, 1849 C Street NW., Mail Stop 4559, Washington, DC 20240. Comments may also be submitted electronically to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    To request additional information about this ICR, contact John Trelease by email at [email protected], or by telephone at (202) 208-2783.

    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 OSMRE; (2) is the estimate of burden accurate; (3) how might the OSMRE enhance the quality, utility, and clarity of the information to be collected; and (4) how might the OSMRE 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 us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.

    This notice provides the public with 60 days in which to comment on the following information collection activity:

    Title of Collection: 30 CFR part 780—Surface Mining Permit Applications—Minimum Requirements for Reclamation and Operation Plan.

    OMB Control Number: 1029-0036.

    Abstract: Sections 507(b), 508(a), 510(b), 515(b) and (d), and 522 of 30 U.S.C. 1201 et. seq. require applicants to submit operation and reclamation plans for coal mining activities. This information collection is needed to determine whether the plans will achieve the reclamation and environmental protections pursuant to the Surface Mining Control and Reclamation Act. Without this information, Federal and State regulatory authorities cannot review and approve permit application requests.

    Form Number: None.

    Type of Review: Extension of a currently approved collection.

    Respondents/Affected Public: Applicants for surface coal mine permits, and State regulatory authorities.

    Total Estimated Number of Annual Respondents: 116 permit applicants and 24 State regulatory authorities.

    Total Estimated Number of Annual Responses: 1,994 responses by permit applicant and 1,962 responses by State regulatory authorities.

    Estimated Completion Time per Response: Varies from 4 hours to 53 hours for permit applicants, depending on activity, and 2.25 hours to 18 hours for State regulatory authorities, depending on activity.

    Total Estimated Number of Annual Burden Hours: 40,339 hours by permit applicants and 13,928 hours by State regulatory authorities.

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

    Frequency of Collection: Once.

    Total Estimated Annual Nonhour Burden Cost: $1,034,231.

    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.).

    Authority:

    The authorities for this action are the Surface Mining Control and Reclamation Act of 1977, as amended (30 U.S.C. 1201 et seq.), and the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

    Dated: October 5, 2017. John A. Trelease, Acting Chief, Division of Regulatory Support.
    [FR Doc. 2017-25097 Filed 11-17-17; 8:45 am] BILLING CODE 4310-05-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Color Intraoral Scanners and Related Hardware and Software, DN 3275; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov.

    Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Align Technology, Inc. on November 14, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain color intraoral scanners and related hardware and software. The complaint names as respondents 3Shape A/S Inc. of Denmark and 3Shape, Inc. of Warren, NJ. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3275”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202-205-2000).

    1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3

    2 All contract personnel will sign appropriate nondisclosure agreements.

    3 Electronic Document Information System (EDIS): https://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: November 14, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-25061 Filed 11-17-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION Notice of Receipt of Complaint; Solicitation of Comments Relating to the Public Interest AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that the U.S. International Trade Commission has received a complaint entitled Certain Intraoral Scanners and Related Hardware and Software, DN 3274; the Commission is soliciting comments on any public interest issues raised by the complaint or complainant's filing pursuant to the Commission's Rules of Practice and Procedure.

    FOR FURTHER INFORMATION CONTACT:

    Lisa R. Barton, Secretary to the Commission, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000. The public version of the complaint can be accessed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov, and will be available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436, telephone (202) 205-2000.

    General information concerning the Commission may also be obtained by accessing its Internet server at United States International Trade Commission (USITC) at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's Electronic Document Information System (EDIS) at https://edis.usitc.gov. Hearing-impaired persons are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810.

    SUPPLEMENTARY INFORMATION:

    The Commission has received a complaint and a submission pursuant to § 210.8(b) of the Commission's Rules of Practice and Procedure filed on behalf of Align Technology, Inc. on November 14, 2017. The complaint alleges violations of section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) in the importation into the United States, the sale for importation, and the sale within the United States after importation of certain intraoral scanners and related hardware and software. The complaint names as respondents 3Shape A/S Inc. of Denmark and 3Shape, Inc. of Warren, NJ. The complainant requests that the Commission issue a limited exclusion order, cease and desist orders and impose a bond upon respondents' alleged infringing articles during the 60-day Presidential review period pursuant to 19 U.S.C. 1337(j).

    Proposed respondents, other interested parties, and members of the public are invited to file comments, not to exceed five (5) pages in length, inclusive of attachments, on any public interest issues raised by the complaint or § 210.8(b) filing. Comments should address whether issuance of the relief specifically requested by the complainant in this investigation would affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers.

    In particular, the Commission is interested in comments that:

    (i) Explain how the articles potentially subject to the requested remedial orders are used in the United States;

    (ii) identify any public health, safety, or welfare concerns in the United States relating to the requested remedial orders;

    (iii) identify like or directly competitive articles that complainant, its licensees, or third parties make in the United States which could replace the subject articles if they were to be excluded;

    (iv) indicate whether complainant, complainant's licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to the requested exclusion order and/or a cease and desist order within a commercially reasonable time; and

    (v) explain how the requested remedial orders would impact United States consumers.

    Written submissions must be filed no later than by close of business, eight calendar days after the date of publication of this notice in the Federal Register. There will be further opportunities for comment on the public interest after the issuance of any final initial determination in this investigation.

    Persons filing written submissions must file the original document electronically on or before the deadlines stated above and submit 8 true paper copies to the Office of the Secretary by noon the next day pursuant to § 210.4(f) of the Commission's Rules of Practice and Procedure (19 CFR 210.4(f)). Submissions should refer to the docket number (“Docket No. 3274”) in a prominent place on the cover page and/or the first page. (See Handbook for Electronic Filing Procedures, Electronic Filing Procedures).1 Persons with questions regarding filing should contact the Secretary (202-205-2000).

    1 Handbook for Electronic Filing Procedures: https://www.usitc.gov/documents/handbook_on_filing_procedures.pdf.

    Any person desiring to submit a document to the Commission in confidence must request confidential treatment. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All such requests should be directed to the Secretary to the Commission and must include a full statement of the reasons why the Commission should grant such treatment. See 19 CFR 201.6. Documents for which confidential treatment by the Commission is properly sought will be treated accordingly. All information, including confidential business information and documents for which confidential treatment is properly sought, submitted to the Commission for purposes of this Investigation may be disclosed to and used: (i) By the Commission, its employees and Offices, and contract personnel (a) for developing or maintaining the records of this or a related proceeding, or (b) in internal investigations, audits, reviews, and evaluations relating to the programs, personnel, and operations of the Commission including under 5 U.S.C. Appendix 3; or (ii) by U.S. government employees and contract personnel,2 solely for cybersecurity purposes. All nonconfidential written submissions will be available for public inspection at the Office of the Secretary and on EDIS.3

    2 All contract personnel will sign appropriate nondisclosure agreements.

    3 Electronic Document Information System (EDIS): https://edis.usitc.gov.

    This action is taken under the authority of section 337 of the Tariff Act of 1930, as amended (19 U.S.C. 1337), and of §§ 201.10 and 210.8(c) of the Commission's Rules of Practice and Procedure (19 CFR 201.10, 210.8(c)).

    By order of the Commission.

    Issued: November 14, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-25060 Filed 11-17-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1083] Certain Personal Computers, Mobile Devices, Digital Media Players, and Microconsoles; Institution of Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on October 10, 2017, under the Tariff Act of 1930, as amended, on behalf of Aqua Connect, Inc. and Strategic Technology Partners, LLC, both of Orange, California. A letter supplementing the complaint and attaching supplemental exhibits was filed on November 2, 2017. A second supplemental letter requesting revision of the original caption was also filed on November 2, 2017. The complaint as supplemented alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain personal computers, mobile devices, digital media players, and microconsoles by reason of infringement of one or more claims of U.S. Patent No. RE46,386 (“the '386 patent”) and U.S. Patent No. 8,924,502 (“the '502 patent”). The complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.

    The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and a cease and desist order.

    A motion for temporary relief filed concurrently with the complaint requests that the Commission issue a temporary limited exclusion order and temporary cease and desist order prohibiting the importation into and the sale within the United States after importation of certain Mac computers running macOS 10.7 or above that infringe claims 1, 4, 9, and 27 of the '386 patent and 1, 4, 9, 27, 36, and 38 of the '502 patent during the course of the Commission's investigation.

    ADDRESSES:

    The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    FOR FURTHER INFORMATION CONTACT:

    Pathenia M. Proctor, The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.

    SUPPLEMENTARY INFORMATION: Authority:

    The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, the U.S. International Trade Commission, on November 14, 2017, ordered that

    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain personal computers, mobile devices, digital media players, and microconsoles by reason of infringement of one or more of claims 1-4, 8-19, 21-29, and 31-35 of the '386 patent and 1-4, 8-19, 21-29, 31-36, and 38 of the '502 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

    (2) Pursuant to section 210.58 of the Commission's Rules of Practice and Procedure, 19 CFR 210.58, the motion for temporary relief under subsection (e) of section 337 of the Tariff Act of 1930, which was filed with the complaint, is provisionally accepted and referred to the presiding administrative law judge for investigation;

    (3) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

    (a) The complainants are:

    Aqua Connect, Inc., 1815 E. Heim Ave., Suite 100, Orange, CA 92865 Strategic Technology Partners, LLC, 1815 E. Heim Ave., Suite 100, Orange, CA 92865

    (b) The respondent is the following entity alleged to be in violation of section 337, and is the party upon which the complaint is to be served:

    Apple Inc., 1 Infinite Loop, Cupertino, CA 95014.

    (c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and

    (4) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge. Either the Chief Administrative Law Judge or the presiding Administrative Law Judge is authorized to designate the investigation as “more complicated” should either one so determine.

    Responses to the complaint, the motion for temporary relief, and the notice of investigation must be submitted by the named respondent in accordance with sections 210.13 and 210.59 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13 and 210.59. Pursuant to 19 CFR 201.16 (e), 210.13(a), and 210.59, such responses will be considered by the Commission if received not later than 10 days after the date of service by the Commission of the complaint, the motion for temporary relief, and the notice of investigation if the investigation has not been declared “more complicated.” Extensions of time for submitting responses to the complaint, motion for temporary relief, and the notice of investigation will not be granted unless good cause therefor is shown.

    Failure of the respondent to file a timely response to each allegation in the complaint, in the motion for temporary relief, and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint, the motion for temporary relief, and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint, the motion for temporary relief, and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: November 14, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-25054 Filed 11-17-17; 8:45 am] BILLING CODE 7020-02-P
    INTERNATIONAL TRADE COMMISSION [Investigation No. 337-TA-1082] Certain Gas Spring Nailer Products and Components Thereof; Institution of Investigation AGENCY:

    U.S. International Trade Commission.

    ACTION:

    Notice.

    SUMMARY:

    Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on September 26, 2017, under the Tariff Act of 1930, as amended, on behalf of Kyocera Senco Brands Inc. of Cincinnati, Ohio. A supplement was filed on October 5, 2017. An amended complaint was filed on October 17, 2017. Supplements to the amended complaint were filed on November 3, 2017, November 8, 2017 and November 9, 2017. The amended complaint as supplemented alleges violations of the Tariff Act based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain gas spring nailer products and components thereof by reason of infringement of one or more of U.S. Patent No. 8,011,547 (“the '547 patent”); U.S. Patent No. 8,267,296 (“the '296 patent”); U.S. Patent No. 8,267,297 (“the '297 patent”); U.S. Patent No. 8,387,718 (“the '718 patent”); U.S. Patent No. 8,286,722 (“the '722 patent”); and U.S. Patent No. 8,602,282 (“the '282 patent”). The amended complaint further alleges that an industry in the United States exists as required by the applicable Federal Statute.

    The complainant requests that the Commission institute an investigation and, after the investigation, issue a limited exclusion order, and cease and desist orders.

    ADDRESSES:

    The complaint, as amended, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained 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 at https://www.usitc.gov. The public record for this investigation may be viewed on the Commission's electronic docket (EDIS) at https://edis.usitc.gov.

    FOR FURTHER INFORMATION CONTACT:

    The Office of Docket Services, U.S. International Trade Commission, telephone (202) 205-1802.

    SUPPLEMENTARY INFORMATION:

    Authority:

    The authority for institution of this investigation is contained in section 337 of the Tariff Act of 1930, as amended, 19 U.S.C. 1337 and in section 210.10 of the Commission's Rules of Practice and Procedure, 19 CFR 210.10 (2017).

    Scope of Investigation: Having considered the complaint, as amended, the U.S. International Trade Commission, on November 14, 2017, ordered that—

    (1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain gas spring nailer products and components thereof by reason of infringement of one or more of claim 30 of the '547 patent; claims 1 and 11 of the '296 patent; claims 1 and 32 of the '297 patent; claims 1, 10, and 16 of the '718 patent; claims 1 and 16 of the '722 patent; and claim 1 of the '282 patent; and whether an industry in the United States exists as required by subsection (a)(2) of section 337;

    (2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which this notice of investigation shall be served:

    (a) The complainant is: Kyocera Senco Brands Inc., 4270 Ivy Pointe Boulevard, Cincinnati, OH 45245.

    (b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the amended complaint is to be served: Hitachi Koki U.S.A., Limited, 1111 Broadway Avenue, Braselton, GA 38517.

    (3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.

    The Office of Unfair Import Investigations will not be named as a party to this investigation.

    Responses to the amended complaint and the notice of investigation must be submitted by the named respondent in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the amended complaint and the notice of investigation. Extensions of time for submitting responses to the amended complaint and the notice of investigation will not be granted unless good cause therefor is shown.

    Failure of the respondent to file a timely response to each allegation in the amended complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the amended complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the amended complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.

    By order of the Commission.

    Issued: November 14, 2017. Lisa R. Barton, Secretary to the Commission.
    [FR Doc. 2017-25053 Filed 11-17-17; 8:45 am] BILLING CODE 7020-02-P
    MILLENNIUM CHALLENGE CORPORATION [MCC FR 18-03] Notice of Entering Into a Compact With the Republic of Côte d'Ivoire AGENCY:

    Millennium Challenge Corporation.

    ACTION:

    Notice.

    SUMMARY:

    In accordance with Section 610(b)(2) of the Millennium Challenge Act of 2003, as amended, and the heading “Millennium Challenge Corporation” of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017, the Millennium Challenge Corporation (MCC) is publishing a summary of the Millennium Challenge Compact between the United States of America, acting through MCC, and the Republic of Côte d'Ivoire. Representatives of MCC and Côte d'Ivoire signed the compact on November 7, 2017. The complete text of the compact has been posted at: https://www.mcc.gov/resources/doc/compact-cote-divoire.

    Dated: November 15, 2017. Jeanne M. Hauch, Vice President and General Counsel, Millennium Challenge Corporation. Summary of the Côte d'Ivoire Compact Overview of MCC Côte d'Ivoire Compact

    MCC has signed a five-year, $524,740,000 compact with the Government of Côte d'Ivoire that is aimed at reducing poverty and accelerating economic growth. The compact seeks to address two binding constraints to economic growth in Côte d'Ivoire: (i) Low levels of basic, technical, and vocational skills; and (ii) barriers to moving goods and people, especially in Abidjan. The compact will address these constraints through two projects designed to support the diversification of the Ivoirian economy in its drive for emergence: (i) the Skills for Employability and Productivity Project (“Skills Project”); and (ii) the Abidjan Transport Project.

    Background and Context

    After passing only five MCC policy indicators in fiscal year 2012, Côte d'Ivoire began a systematic effort to improve its policy performance in order to qualify for MCC funding. As a result of those efforts, Côte d'Ivoire has consistently passed the MCC scorecard since FY 2015, and in FY 2017 the country passed 14 indicators. In FY 2015, MCC's Board of Directors selected Côte d'Ivoire for a threshold program and in FY 2016, based on continued policy improvement, for development of a compact proposal. The compact is seen in Côte d'Ivoire as the fruit of a long journey of sustained engagement with MCC and is poised to become a central pillar of the country's relationship with the United States.

    Côte d'Ivoire is located in the coastal zone of West Africa and has a population of 22.7 million people, 41.5 percent of whom are under the age of 14, and a gross national income per capita of $1,420. With five major ethnic groups, a sizeable immigrant population making up a quarter of the population, and more than 60 local languages spoken throughout the country, social cohesion has historically been fragile with deep divisions along national, ethnic, religious, and geographical lines. While Yamoussoukro is the official capital, Abidjan is the informal seat of government and home to approximately 19 percent of the population, making it the country's critical driver for economic growth.

    From independence in 1960 until 1979, Côte d'Ivoire enjoyed strong economic growth and was seen by many as the economic, political, and cultural center of West Africa. However, the country's economy was largely dependent on a few main exports, notably cocoa. When the world market price for cocoa fell sharply in the 1980s, Côte d'Ivoire's economy collapsed. The country struggled with political instability throughout the 1990s and 2000s, including a civil war from 2002 to 2004, and a second civil war from March to April 2011. Since 2012, political stability has allowed the economy to recover from years of stagnation, with gross domestic product growth rates averaging nine percent per year over the past five years. Despite this recovery, there is a palpable sense among Côte d'Ivoire's population that the fruits of recent growth have not been widely shared. Moreover, despite some recent diversification, the country remains overly dependent on the same narrow set of exports.

    Compact Overview and Budget

    The compact is based on the premise that for Côte d'Ivoire to achieve sustainable and inclusive growth—and escape the boom and bust cycle of the past—it must diversify its economy. MCC and Côte d'Ivoire identified two constraints to economic growth that will be addressed in the compact: (i) Low levels of basic, technical, and vocational skills; and (ii) barriers to moving goods and people, especially in Abidjan. The compact will address these constraints through the Skills and Abidjan Transport Projects. Côte d'Ivoire is committed to implementing these projects in a sustainable manner in order to

    • Resolve critical youth education and unemployment issues;

    • increase the competitiveness of Abidjan as the country's economic growth hub by improving the mobility of goods and people; and

    • diversify its economy while promoting public-private partnerships.

    The compact is expected to allow Côte d'Ivoire to resume its economic preeminence in West Africa and become a desired location for employment-intensive industries such as manufacturing and business process outsourcing, as well as help mitigate lingering socio-political issues.

    The budget for the compact is detailed below:

    Table 1—Côte d'Ivoire's Compact Budget Summary Component Total
  • (US $)
  • 1. Skills Project 154,950,000 1.1 Secondary Education Activity 111,300,000 1.2 Technical and Vocational Education and Training Activity 35,000,000 1.3 Project Management 8,650,000 2. Abidjan Transport Project 292,340,000 2.1 Transport Infrastructure Activity 238,720,000 2.2 Transport Management and Planning Activity 53,620,000 3. Monitoring and Evaluation 12,700,000 3.1 Monitoring and Evaluation Activities 12,700,000 4. Program Administration and Oversight 64,750,000 4.1 Program Administration and Oversight 64,750,000 Total Program Budget 524,740,000
    Project Summaries Skills Project ($154,950,000)

    The Skills Project aims to (i) to increase the number of years of education received and improve the acquisition of quality, in-demand basic skills, including reading, math, and soft skills, for lower secondary students; and (ii) to improve the acquisition of quality, in-demand technical skills and increase job-placement rates among graduates of compact-supported technical and vocational education and training (TVET) centers. The Skills Project is designed to equip those in Abidjan, as well as in two additional economic hubs, with skills to meet the demands of the private sector in an expanding and diversifying economy. Investments in the regions of Gbêkê, in the center-north of Côte d'Ivoire, and San Pedro, in the west of the country, will allow MCC funding to capitalize on opportunities to address the country's profound gender, socioeconomic, and geographic inequalities and to improve access to basic education, technical vocational training, and economic opportunities more broadly. The Skills Project is composed of the following two activities:

    Secondary Education Activity: This activity aims to increase access to lower secondary education in two regions of Côte d'Ivoire and improve the access to, and quality of, secondary education and the governance of the sector. MCC funding will support the building of, and support to, approximately 74-84 new lower secondary schools in the rural and peri-urban areas of the Gbêkê and San Pedro regions. This funding will be supported by policy and institutional reforms at the national level in gender, monitoring and evaluation systems, and teacher training to improve capacity and overall governance, equity, and system performance.

    Technical and Vocational Education and Training Activity: This activity aims to develop a new TVET model of partnership that provides training to students in the skills and knowledge in demand by the private sector. This TVET model will be implemented through sustainable training centers developed and managed through a public-private partnership with industries in Côte d'Ivoire. The activity will be implemented with a goal of catalyzing a shift within the training system towards better identifying and meeting the training needs of the private sector. MCC funding will support the building of up to four new private sector-driven TVET centers, development of a quality management and accountability systems for improved sector governance, and introduction of key quality management and accountability tools to strengthen the Ministry of Environment's capacity to manage for results. MCC funding will also support the necessary revisions to legislation and regulations to accommodate the TVET model. The TVET centers will be required to develop a gender and social inclusion policy and action plan that describes key social and gender considerations, strategic approaches, and expected outcomes.

    Abidjan Transport Project ($292,340,000)

    The Abidjan Transport Project aims to reduce vehicle operating costs and travel times along targeted road segments, while improving overall pedestrian and vehicle mobility and safety. MCC funding will support infrastructure works designed to improve traffic fluidity and decongest central corridors of the city linking the Port of Abidjan to points north, west, and east, as well as integrate new pavement design technologies that aim to reduce total lifecycle user costs. This project consists of two activities:

    Transport Infrastructure Activity: The Transport Infrastructure Activity aims to rehabilitate up to 32 kilometers of critical roadway and adjoining infrastructure in the central corridor of Abidjan to (i) improve overall travel times, traffic movement, and road safety; (ii) integrate multi-modal transport planning; and (iii) reduce household transport costs and increase revenue for businesses.

    Transport Management and Planning Activity: This activity aims to build the technical and managerial capacity of Côte d'Ivoire's road-transport-related agencies in the areas of infrastructure asset-management techniques, and long-term road planning and maintenance. MCC funding will include the following: (i) The creation, development and institutionalization of a graduate education program in infrastructure asset management; (ii) the development of a road asset inventory and database, as well as a road safety database for Abidjan; (iii) traffic management and coordination assistance; and (iv) the development and expansion of a program that provides routine cleaning, upkeep and maintenance of the road and bridge network in Abidjan.

    Economic Analysis

    The estimated economic rate of return (ERR) for the Skills Project is 10.6 percent over 20 years. The project seeks to improve student learning outcomes and increase the number of years that students attend school. Both of these benefits are expected to increase future lifetime earnings for the participating students. The Technical and Vocational Education and Training Activity is expected to result in students acquiring specific, market-demanded skills through additional years of schooling, which results in higher employment rates and higher lifetime earnings.

    The estimated ERR for the Abidjan Transport Project is 22.6 percent over 20 years. While vehicle operating costs and time savings are expected to be the immediate microeconomic benefits of the project, the project is also expected to contribute to the economy of Côte d'Ivoire's largest city by improving access to jobs, goods, and social services.

    Overall, the compact is expected to benefit at least 11,300,000 people over 20 years. Approximately 300,000 Skills Project beneficiaries are expected to be Abidjan residents and therefore also beneficiaries of the Abidjan Transport Project; accordingly, they have been deducted from the total number of compact beneficiaries to avoid double counting.

    Policy Reform and the Compact

    MCC and Côte d'Ivoire have agreed on several policy reform areas to support the sustainability of the compact program. In the Skills Project, Côte d'Ivoire will allocate sufficient annual public expenditures for lower secondary education and TVET to support and maintain MCC's investments by providing adequate teachers and budgets for secondary schools and operational subsidies for TVET centers. Côte d'Ivoire will also develop, institutionalize, and operationalize a national gender policy for the education sector in order to help rectify gender disparities in the Ivoirian education system. Finally, MCC plans to contribute to the modernization of the country's outdated and ineffective teacher training program and, through the TVET investment, help the government transition from being an ineffective service provider to being a regulator and financer of training provided in TVET centers that are operated by and for the private sector.

    In the Abidjan Transport Project, MCC's assistance will be accompanied by reforms designed to improve the governance and financial sustainability of Côte d'Ivoire's road maintenance fund. In particular, Côte d'Ivoire will increase the amount of revenue allocated to the road fund over the life of the compact, reduce the debt burden currently held by the road fund, and increase road user participation in the governance structure of the road fund in order to create a more market-oriented entity. Côte d'Ivoire has also agreed on mechanisms to eliminate illegal truck parking in the zone around the Port of Abidjan, which is expected to contribute significantly to the reduction of traffic congestion in this important area of the city.

    [FR Doc. 2017-25198 Filed 11-17-17; 8:45 am] BILLING CODE 9211-03-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: (17-085)] NASA Heliophysics Advisory Committee Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, the National Aeronautics and Space Administration (NASA) announces a meeting of the Heliophysics Advisory Committee. This Committee reports to the Director, Heliophysics Division, Science Mission Directorate, NASA Headquarters. The meeting will be held for the purpose of soliciting, from the scientific community and other persons, scientific and technical information relevant to program planning.

    DATES:

    Wednesday, November 29, 2017, 1:30 p.m.-5:30 p.m.; Thursday, November 30, 2017, 9:00 a.m.-5:00 p.m.; and December 1, 2017, 9:00 a.m.-3:45 p.m., Local Time.

    ADDRESSES:

    NASA Headquarters, 300 E Street SW., Washington, DC 20546. Room number on November 29 will be Room 5H41; on November 30, Room 7H41-A; and on December 1, Room 5H41-A.

    FOR FURTHER INFORMATION CONTACT:

    Ms. KarShelia Henderson, Science Mission Directorate, NASA Headquarters, Washington, DC 20546, (202) 358-2355, fax (202) 358-2779, or [email protected]

    SUPPLEMENTARY INFORMATION:

    The meeting will be open to the public up to the capacity of the room. This meeting will also be available telephonically and by WebEx. You must use a touch-tone phone to participate in this meeting. Any interested person may dial the USA toll free conference call number 1-888-603-8921 or toll number 1-312-470-7052, passcode 9896208, to participate in this meeting by telephone for all three days. The WebEx link is https://nasa.webex.com/; on November 29 the meeting number is 999 227 289 and the password is HPAC2017!, and on November 30 and December 1 the meeting number is 995 903 023 and the password is [email protected]

    The agenda for the meeting includes the following topics:

    • Heliophysics Division Update

    • Government Performance and Results Modernization Act (GPRAMA) Discussion and Recommendations

    • Senior Review of Operating Missions Outbrief

    • Heliophysics Research and Analysis Program

    • Heliophysics Science Centers Program

    • Discussion of NASA High End Computing (HEC) and Future High-Performance Computing Resources for the Heliophysics Community

    The agenda will be posted on the Heliophysics Advisory Committee Web page: https://science.nasa.gov/researchers/nac/science-advisory-committees/hpac.

    It is imperative that the meeting be held on this date to accommodate the scheduling priorities of the key participants.

    Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2017-25042 Filed 11-17-17; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Notice: 17-086] NASA Advisory Council; Technology, Innovation and Engineering Committee; Meeting AGENCY:

    National Aeronautics and Space Administration.

    ACTION:

    Notice of meeting.

    SUMMARY:

    In accordance with the Federal Advisory Committee Act, as amended, the National Aeronautics and Space Administration (NASA) announces a meeting of the Technology, Innovation and Engineering Committee of the NASA Advisory Council (NAC). This Committee reports to the NAC.

    DATES:

    Tuesday, December 5, 2017, 8:00 a.m.-5:00 p.m., Local Time.

    ADDRESSES:

    NASA Headquarters, Room 6H41, 300 E Street SW., Washington, DC 20546.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Mike Green, Designated Federal Officer, NAC Technology, Innovation and Engineering Committee, NASA Headquarters, Washington, DC 20546, (202) 358-4710, or [email protected]

    SUPPLEMENTARY INFORMATION:

    The meeting will be open to the public up to the seating capacity of the room. This meeting is also available telephonically and by WebEx. You must use a touch-tone phone to participate in this meeting. Any interested person may dial the toll free access number 1-844-467-6272, and then the numeric participant passcode 102421 followed by the # sign. The WebEx link is https://nasa.webex.com/, the meeting number is 992 536 780, and the password is “6djb792*” (case sensitive). Note: If dialing in, please “mute” your telephone. The agenda for the meeting includes the following topics:

    —Space Technology Mission Directorate (STMD) Update —Small Spacecraft Technology Program Report Response —Kilopower Project Update —System Capabilities and Engineering Research and Analysis Update —Space Technology Investment Plan Update —STMD Strategy Framework Update —Space Technology Research Institutes Update Attendees will be requested to sign a register and to comply with NASA security requirements, including the presentation of a valid picture ID, before receiving access to NASA Headquarters. Foreign nationals attending this meeting will be required to provide a copy of their passport and visa in addition to providing the following information no less than 10 working days prior to the meeting: Full name; gender; date/place of birth; citizenship; visa information (number, type, expiration date); passport information (number, country, expiration date); employer/affiliation information (name of institution, address, country, telephone); title/position of attendee; and home address to Ms. Anyah Dembling via email at [email protected] or by telephone at (202) 358-5195. U.S. citizens and Permanent Residents (green card holders) are requested to submit their name and affiliation no less than three working days prior to the meeting to Ms. Anyah Dembling. It is imperative that this meeting be held on this day to accommodate the scheduling priorities of the key participants. Patricia D. Rausch, Advisory Committee Management Officer, National Aeronautics and Space Administration.
    [FR Doc. 2017-25029 Filed 11-17-17; 8:45 am] BILLING CODE 7510-13-P
    NATIONAL SCIENCE FOUNDATION Sunshine Act Meeting; National Science Board

    The National Science Board, pursuant to NSF regulations (45 CFR part 614), the National Science Foundation Act, as amended (42 U.S.C. 1862n-5), and the Government in the Sunshine Act (5 U.S.C. 552b), hereby gives notice of the scheduling of a teleconference for the transaction of National Science Board business, as follows:

    TIME AND DATE:

    Closed teleconference of the Committee on Strategy of the National Science Board, to be held Monday, November 27, 2017 from 2:30 to 3:30 p.m. EST.

    PLACE:

    This meeting will be held by teleconference at the National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314.

    STATUS:

    Closed.

    MATTERS TO BE CONSIDERED:

    Committee Chair's opening remarks; Committee feedback on NSF's draft Strategic Plan; and Committee and Board engagement on the FY 2020 budget development process.

    CONTACT PERSON FOR MORE INFORMATION:

    Point of contact for this meeting is: Kathy Jacquart, 2415 Eisenhower Avenue, Alexandria, VA 22314. Telephone: (703) 292-8000. You may find meeting information and updates (time, place, subject matter or status of meeting) at https://www.nsf.gov/nsb/meetings/notices.jsp#sunshine.

    Chris Blair, Executive Assistant to the NSB Office.
    [FR Doc. 2017-25213 Filed 11-16-17; 4:15 pm] BILLING CODE 7555-01-P
    NATIONAL SCIENCE FOUNDATION Astronomy and Astrophysics Advisory Committee Notice of Meeting

    In accordance with the Federal Advisory Committee Act (Pub. L. 92-463, as amended), the National Science Foundation (NSF) announces the following meeting:

    Name and Committee Code: Astronomy and Astrophysics Advisory Committee (#13883).

    Date and Time:

    January 25, 2018; 9:00 a.m.-5:00 p.m. January 26, 2018; 9:00 a.m.-12:00 p.m.

    Place: National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314, Room E3450.

    Type of Meeting: Open.

    Contact Person: Dr. Christopher Davis, Program Director, Division of Astronomical Sciences, Suite W 9136, National Science Foundation, 2415 Eisenhower Avenue, Alexandria, VA 22314; Telephone: 703-292-4910.

    Purpose of Meeting: To provide advice and recommendations to the National Science Foundation (NSF), the National Aeronautics and Space Administration (NASA) and the U.S. Department of Energy (DOE) on issues within the field of astronomy and astrophysics that are of mutual interest and concern to the agencies.

    Agenda: To hear presentations of current programming by representatives from NSF, NASA, DOE and other agencies relevant to astronomy and astrophysics; to discuss current and potential areas of cooperation between the agencies; to formulate recommendations for continued and new areas of cooperation and mechanisms for achieving them.

    Dated: November 15, 2017. Crystal Robinson, Committee Management Officer.
    [FR Doc. 2017-25064 Filed 11-17-17; 8:45 am] BILLING CODE 7555-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0113] Information Collection: NRC Form 354, Data Report on Spouse AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Notice of submission to the Office of Management and Budget; request for comment.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has recently submitted a request for renewal of an existing collection of information to the Office of Management and Budget (OMB) for review. The information collection is entitled, “NRC Form 354, Data Report on Spouse.”

    DATES:

    Submit comments by December 20, 2017.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Brandon De Bruhl, Desk Officer, Office of Information and Regulatory Affairs (3150-0026), NEOB-10202, Office of Management and Budget, Washington, DC 20503; telephone: 202-395-0710, email: [email protected].

    FOR FURTHER INFORMATION CONTACT:

    David Cullison, NRC Clearance Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected].

    SUPPLEMENTARY INFORMATION: I. Obtaining Information and Submitting Comments A. Obtaining Information

    Please refer to Docket ID NRC-2017-0113 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-2017-0113.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected]. The supporting statement is available in ADAMS under Accession No. ML17279A655.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    NRC's Clearance Officer: A copy of the collection of information and related instructions may be obtained without charge by contacting the NRC's Clearance Officer, David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email: [email protected].

    B. Submitting Comments

    The NRC cautions you not to include identifying or contact information in comment submissions that you do not want to be publicly disclosed in your comment submission. All comment submissions are posted at http://www.regulations.gov and entered into ADAMS. Comment submissions are not routinely edited to remove identifying or contact information.

    If you are requesting or aggregating comments from other persons for submission to the OMB, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.

    II. Background

    Under the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC recently submitted a request for renewal of an existing collection of information to OMB for review entitled, “NRC Form 354, Data Report on Spouse.” The NRC hereby informs potential respondents that an agency may not conduct or sponsor, and that a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number.

    The NRC published a Federal Register notice with a 60-day comment period on this information collection on June 27, 2017, (82 FR 29118).

    1. The title of the information collection: NRC Form 354, “Data Report on Spouse.”

    2. OMB approval number: 3150-0026.

    3. Type of submission: Extension.

    4. The form number if applicable: NRC Form 354.

    5. How often the collection is required or requested: On Occasion.

    6. Who will be required or asked to respond: NRC contactors, licensees, applicants, and other (e.g. intervener's) who marry or cohabitate after completing the Personnel Security Forms, or after having been granted an NRC access authorization or employment clearance.

    7. The estimated number of annual responses: 80.

    8. The estimated number of annual respondents: 80.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 16.

    10. Abstract: NRC Form 354 must be completed by NRC contractors, licensees, applicants who marry or cohabitate after completing the Personnel Security Forms, or after having been granted an NRC access authorization or employment clearance. Form 354 identifies the respondent, the marriage, and data on the spouse and spouse's parents. This information permits the NRC to make initial security determinations and to assure there is no increased risk to the common defense and security.

    Dated at Rockville, Maryland, this 9th day of November 2017.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-25051 Filed 11-17-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0001] Sunshine Act Meeting Notice DATE:

    Weeks of November 20, 27, December 4, 11, 18, 25, 2017.

    PLACE:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    STATUS:

    Public and Closed.

    Week of November 20, 2017

    There are no meetings scheduled for the week of November 20, 2017.

    Week of November 27, 2017—Tentative Tuesday, November 28, 2017 10:00 a.m. Briefing on Security Issues (Closed—Ex. 1) Thursday, November 30, 2017 10:00 a.m. Briefing on Equal Employment Opportunity, Affirmative Employment, and Small Business (Public) (Contact: Larniece McKoy Moore: 301-415-1942)

    This meeting will be webcast live at the Web address—http://www.nrc.gov/.

    Week of December 4, 2017—Tentative

    There are no meetings scheduled for the week of December 4, 2017.

    Week of December 11, 2017—Tentative Tuesday, December 12, 2017 9:00 a.m. Hearing on Combined Licenses for Turkey Point, Units 6 and 7: Section 189a. of the Atomic Energy Act Proceeding (Public Meeting) (Contact: Manny Comar: 301-415-3863)

    This meeting will be webcast live at the Web address—http://www.nrc.gov/.

    Week of December 18, 2017—Tentative

    There are no meetings scheduled for the week of December 18, 2017.

    Week of December 25, 2017—Tentative

    There are no meetings scheduled for the week of December 25, 2017.

    The schedule for Commission meetings is subject to change on short notice. For more information or to verify the status of meetings, contact Denise McGovern at 301-415-0681 or via email at [email protected]

    The NRC Commission Meeting Schedule can be found on the Internet at: http://www.nrc.gov/public-involve/public-meetings/schedule.html.

    The NRC provides reasonable accommodation to individuals with disabilities where appropriate. If you need a reasonable accommodation to participate in these public meetings, or need this meeting notice or the transcript or other information from the public meetings in another format (e.g., braille, large print), please notify Kimberly Meyer, NRC Disability Program Manager, at 301-287-0739, by videophone at 240-428-3217, or by email at [email protected] Determinations on requests for reasonable accommodation will be made on a case-by-case basis.

    Members of the public may request to receive this information electronically. If you would like to be added to the distribution, please contact the Nuclear Regulatory Commission, Office of the Secretary, Washington, DC 20555 (301-415-1969), or email [email protected] or [email protected]

    Dated: November 15, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2017-25128 Filed 11-16-17; 11:15 am] BILLING CODE 7590-01-P
    OVERSEAS PRIVATE INVESTMENT CORPORATION Sunshine Act Meeting Notice TIME AND DATE:

    Thursday, December 14, 2017, 2 p.m. (OPEN Portion). 2:15 p.m. (CLOSED Portion).

    PLACE:

    Offices of the Corporation, Twelfth Floor Board Room, 1100 New York Avenue NW., Washington, DC.

    STATUS:

    Meeting OPEN to the Public from 2 p.m. to 2:15 p.m. Closed portion will commence at 2:15 p.m. (approx.)

    MATTERS TO BE CONSIDERED:

    1. President's Report 2. Minutes of the Open Session of the September 14, 2017, Board of Directors Meeting FURTHER MATTERS TO BE CONSIDERED:

    (Closed to the Public 2:15 p.m.): 1. Insurance Project—Ukraine 2. Finance Project—Ukraine 3. Finance Project—Global 4. Minutes of the Closed Session of the September 14, 2017, Board of Directors Meeting 5. Reports and Budget 6. Pending Projects CONTACT PERSON FOR MORE INFORMATION:

    Information on the meeting may be obtained from Catherine F. I. Andrade at (202) 336-8768, or via email at [email protected]

    Dated: November 16, 2017. Catherine Andrade, Corporate Secretary, Overseas Private Investment Corporation.
    [FR Doc. 2017-25150 Filed 11-16-17; 11:15 am] BILLING CODE 3210-01-P
    PENSION BENEFIT GUARANTY CORPORATION Submission of Information Collection for OMB Review; Comment Request; Disclosure of Information in Distress and PBGC-Initiated Terminations AGENCY:

    Pension Benefit Guaranty Corporation.

    ACTION:

    Notice of request for OMB approval.

    SUMMARY:

    PBGC is requesting that OMB approve, under the Paperwork Reduction Act, a collection of information under its regulations on the disclosure of termination information for distress terminations, and for PBGC-initiated terminations. This notice informs the public of PBGC's request and solicits public comment on the collection of information that must be provided by plan administrators and plan sponsors to affected parties upon request.

    DATES:

    Comments should be submitted by December 20, 2017.

    ADDRESSES:

    Comments should be sent to the Office of Information and Regulatory Affairs, Office of Management and Budget, Attention: Desk Officer for Pension Benefit Guaranty Corporation, via electronic mail at [email protected] or by fax to (202) 395-6974.

    A copy of the request will be posted at http://www.pbgc.gov/res/laws-andregulations/information-collections-under-omb-review.html. It may also be obtained without charge by writing to the Disclosure Division of the Office of the General Counsel of PBGC, 1200 K Street NW., Washington, DC 20005-4026, faxing a request to 202-326-4042, or calling 202-326-4040 during normal business hours. TTY and TDD users may call the Federal relay service toll-free at 1 800-877-8339 and ask to be connected to 202-326-4040. The Disclosure Division will email, fax, or mail the request to you, as you request.

    FOR FURTHER INFORMATION CONTACT:

    Jo Amato Burns ([email protected]), Regulatory Affairs Division, Office of the General Counsel, Pension Benefit Guaranty Corporation, 1200 K Street NW., Washington, DC 20005-4026, 202 326-4400, extension 3072, or Daniel S. Liebman ([email protected]), Acting Assistant General Counsel, same address and phone number, extension 6510. TTY and TDD users may call the Federal relay service toll-free at 800-877-8339 and ask to be connected to 202-326-4400.

    SUPPLEMENTARY INFORMATION:

    Sections 4041 and 4042 of the Employee Retirement Income Security Act of 1974, as amended (ERISA), 29 U.S.C. 1301-1461, govern the termination of single-employer defined benefit pension plans that are subject to Title IV of ERISA. A plan administrator may initiate a distress termination under section 4041(c), and PBGC may itself initiate proceedings to terminate a pension plan under section 4042 if PBGC determines that certain conditions are present. Sections 4041 and 4042 of ERISA were amended by Section 506 of the Pension Protection Act of 2006 (Pub. L. 109-280) to require that, upon a request by an affected party—

    • A plan administrator must disclose information it has submitted to PBGC in connection with a distress termination filing, and

    • A plan administrator or plan sponsor must disclose information it has submitted to PBGC in connection with a PBGC-initiated termination.

    PBGC is also required to disclose the administrative record relating to a PBGC-initiated termination upon request by an affected party. The above provisions are applicable to terminations initiated on or after August 17, 2006. The applicable regulatory provisions can be found at 29 CFR 4041.51 and 4042.5.

    This collection of information was most recently approved by OMB under control number 1212-0065. PBGC is requesting that OMB approve the collection of information for three years, without change. 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.

    On September 7, 2017 (82 FR 42366), PBGC published a notice informing the public that it intended to request OMB approval and soliciting public comment. No comments were received.

    Based on information for calendar years 2014-2016, PBGC estimates that approximately 75 plans will terminate as distress or PBGC-initiated terminations each year. A survey conducted by PBGC of nine plans found that two of the nine plans surveyed received requests for termination information. Based on the foregoing, PBGC estimates that two participants or other affected parties of every nine distress terminations or PBGC-initiated terminations filed will annually make requests for termination information, or 2/9 of 75 (approximately 17 per year).

    Based on information derived from the survey of nine plans, PBGC estimates that the hour burden for plan administrators and sponsors will be about 20 hours, with the aggregate, annual burden estimated to be 340 hours (17 plans*20 hours). The dollar equivalent of the hour burden is estimated to be $25,500 (340 hours*$75 per hour) based on an assumed blended hourly rate of $75 for administrative, clerical, and supervisory time per hour for the staff of plan administrators and sponsors.

    PBGC expects that all the work will be performed in-house by the staff of plan administrators and sponsors PBGC expects costs to be recovered from affected parties because plan administrators and plan sponsors may charge a reasonable fee for non-electronic disclosure. Therefore, the annual cost to the plan administrators and sponsors is estimated to be $0.

    Issued in Washington, DC.

    Daniel S. Liebman, Acting Assistant General Counsel for Regulatory Affairs, Pension Benefit Guaranty Corporation.
    [FR Doc. 2017-25023 Filed 11-17-17; 8:45 am] BILLING CODE 7709-02-P
    OFFICE OF PERSONNEL MANAGEMENT Excepted Service AGENCY:

    U.S. Office of Personnel Management (OPM).

    ACTION:

    Notice.

    SUMMARY:

    This notice identifies Schedule A, B, and C appointing authorities applicable to a single agency that were established or revoked from July 1, 2017 to July 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Senior Executive Resources Services, Senior Executive Service and Performance Management, Employee Services, (202) 606-2246.

    SUPPLEMENTARY INFORMATION:

    In accordance with 5 CFR 213.103, Schedule A, B, and C appointing authorities available for use by all agencies are codified in the Code of Federal Regulations (CFR). Schedule A, B, and C appointing authorities applicable to a single agency are not codified in the CFR, but the U.S. Office of Personnel Management (OPM) publishes a notice of agency-specific authorities established or revoked each month in the Federal Register at www.thefederalregister.org/fdsys/. OPM also publishes an annual notice of the consolidated listing of all Schedule A, B, and C appointing authorities, current as of June 30, in the Federal Register.

    Schedule A

    No schedule A authorities to report during July 2017.

    Schedule B

    No schedule B authorities to report during July 2017.

    Schedule C

    The following Schedule C appointing authorities were approved during July 2017.

    Agency name Organization name Position title Authorization No. Effective date Department of Agriculture Office of Communications Press Secretary DA170169 07/21/2017 Office of the Under Secretary for Research, Education, and Economics Chief of Staff DA170170 07/31/2017 Broadcasting Board of Governors Broadcasting Board of Governors Senior Advisor IB170005 07/11/2017 Department of Commerce Office of the Chief of Staff Scheduler DC170146 07/05/2017 Commodity Futures Trading Commission Office of the Chief Economist Chief Economist CT170011 07/07/2017 Department of Defense Washington Headquarters Services Staff Assistant
  • Defense Fellow
  • DD170185
  • DD170194
  • 07/05/2017
  • 07/14/2017
  • Office of the Assistant Secretary of Defense (Asian and Pacific Security Affairs) Special Assistant (Afghanistan, Pakistan, and Central Asia) DD170189 07/05/2017 Office of the Secretary of Defense Special Assistant DD170168 07/06/2017 Office of the Assistant Secretary of Defense (Special Operations/Low Intensity Conflict) Special Assistant (Stability and Humanitarian Affairs) DD170191 07/07/2017 Office of the Under Secretary of Defense (Policy) Special Assistant
  • Special Assistant (East Asia)
  • DD170201
  • DD170202
  • 07/21/2017
  • 07/21/2017
  • Office of the Assistant Secretary of Defense (Homeland Defense and Global Security ) Special Assistant (Cyber) DD170198 07/31/2017 Department of the Army Office Deputy Under Secretary of Army Personal and Confidential Assistant DW170025 07/06/2017 Department of Education Office of Communications and Outreach Special Assistant DB170118 07/05/2017 Office of the Secretary Confidential Assistant
  • Special Assistant
  • DB170120
  • DB170125
  • 07/07/2017
  • 07/18/2017
  • Office of Legislation and Congressional Affairs Confidential Assistant DB170126 07/21/2017 Office of Career Technical and Adult Education Special Assistant DB170127 07/21/2017 Department of Energy Office of Public Affairs Deputy Press Secretary DE170184 07/18/2017 Office of the Deputy Secretary Special Advisor DE170179 07/21/2017 Office of Scheduling and Advance Scheduler
  • Special Assistant
  • DE170185
  • DE170198
  • 07/21/2017
  • 07/26/2017
  • Office of Technology Transition Chief of Staff DE170183 07/31/2017 Office of Advanced Research Projects Agency—Energy Senior Advisor and Chief of Staff DE170187 07/31/2017 Environmental Protection Agency Office of the Administrator Senior Advisor for Water and Cross-Cutting Initiatives EP170073 07/05/2017 Director of Scheduling and Advance EP170074 07/05/2017 Special Assistant for Scheduling and Advance EP170075 07/13/2017 Special Assistant EP170076 07/13/2017 Office of the Associate Administrator for Congressional and Intergovernmental Relations Special Assistant for Congressional Relations
  • Special Assistant
  • EP170063
  • EP170078
  • 07/06/2017
  • 07/13/2017
  • Export-Import Bank Office of the Chairman Financial Advisor
  • Senior Advisor
  • Advisor
  • EB170015
  • EB170019
  • EB170005
  • 07/21/2017
  • 07/21/2017
  • 07/25/2017
  • General Services Administration Office of Congressional and Intergovernmental Affairs Communications Advisor GS170044 07/31/2017 Department of Health and Human Services Office of the Secretary Policy Advisor for Public Health and Science DH170288 07/05/2017 Office of the Assistant Secretary for Health Director of Communications DH170282 07/07/2017 Office of Communications, Administration for Children and Families Senior Director, Communications and Media DH170289 07/07/2017 Office of Indian Health Service Senior Advisor, Indian Health Service DH170299 07/20/2017 Office of the General Counsel Advisor and Legal Counsel DH170300 07/28/2017 Office of the Administrator Senior Advisor (Substance Abuse) DH170301 07/28/2017 Office of the Assistant Secretary for Financial Resources Senior Advisor DH170298 07/31/2017 Department of Homeland Security Office of the Secretary Executive Director, Homeland Security Advisory Council and Campaigns DM170247 07/27/2017 Office of the Executive Secretariat Briefing Book Coordinator DM170249 07/27/2017 Office of Assistant Secretary for Legislative Affairs Confidential Assistant DM170236 07/31/2017 Office of the Assistant Secretary for Intergovernmental Affairs Confidential Assistant DM170239
  • DM170240
  • 07/31/2017
  • 07/31/2017
  • Department of Housing and Urban Development Office of Housing Senior Advisor (3) DU170148
  • DU170152
  • DU170132
  • 07/05/2017
  • 07/28/2017
  • 07/11/2017
  • Office of the Secretary Special Policy Advisor
  • Senior Advisor
  • DU170153
  • DU170150
  • 07/19/2017
  • 07/27/2017
  • Department of the Interior Secretary's Immediate Office Advisor
  • Press Secretary
  • Deputy Director of Communications
  • DI170087
  • DI170092
  • DI170086
  • 07/06/2017
  • 07/06/2017
  • 07/14/2017
  • Bureau of Land Management Counselor DI170097 07/06/2017 Office of Assistant Secretary—Land and Minerals Management Senior Advisor
  • Advisor (2)
  • DI170100
  • DI170105
  • DI170106
  • 07/21/2017
  • 07/31/2017
  • 07/31/2017
  • Department of Justice Office of the Associate Attorney General Counsel DJ170129 07/06/2017 Office of Civil Rights Division Counsel (3) DJ170130
  • DJ170128
  • DJ170153
  • 07/07/2017
  • 07/17/2017
  • 07/21/2017
  • Office of Antitrust Division Counsel DJ170152 07/31/2017 Department of Labor Office of the Secretary Staff Assistant
  • Special Assistant
  • DL170070
  • DL170075
  • 07/13/2017
  • 07/21/2017
  • Office of the Assistant Secretary for Policy Special Assistant DL170073 07/21/2017 National Endowment for the Humanities Office of the Chairman White House Liaison and Chairman's Strategic Scheduler NH170004 07/07/2017 Office of Management and Budget Office of the Director Advisor BO170081 07/10/2017 Office of Information and Regulatory Affairs Confidential Assistant BO170083 07/21/2017 Office of the United States Trade Representative Office of Intergovernmental Affairs and Public Liaison Deputy Assistant United States Trade Representative for Intergovernmental Affairs and Public Engagement TN170016 07/10/2017 Office of Congressional Affairs Senior Director for Congressional Affairs TN170017 07/31/2017 Presidents Commission on White House Fellowships President's Commission on White House Fellowships Associate Director WH170010 07/07/2017 Department of State Office of the United States. Global Aids Coordinator Chief of Staff & Chief Policy Officer DS170182 07/07/2017 Office of the Under Secretary for Management Advisor
  • Special Advisor
  • DS170181
  • DS170186
  • 07/14/2017
  • 07/21/2017
  • Office of Policy Planning Special Advisor DS170183 07/14/2017 Bureau of European and Eurasian Affairs Special Assistant DS170149 07/31/2017 Department of Transportation Office of the Administrator Director of Governmental Affairs DT170120 07/07/2017 Special Assistant DT170126 07/31/2017 Department of the Treasury Office of the Assistant Secretary (Public Affairs) Senior Advisor DY170141 07/14/2017 Office of the Secretary Advance Representative DY170142 07/14/2017 United States International Trade Commission Office of Commissioner Broadbent Confidential Assistant TC170001 07/21/2017 Department of Veterans Affairs Office of the Assistant Secretary for Congressional and Legislative Affairs Special Assistant DV170063 07/07/2017

    The following Schedule C appointing authorities were revoked during July 2017.

    Agency name Organization name Title Request No. Date vacated Commodity Futures Trading Commission Office of the Chief Economist Chief Economist CT140001 07/22/2017 Consumer Product Safety Commission Office of Commissioners Special Assistant PS140009 07/08/2017 Department of Education Office of the Secretary Special Assistant DB170095 07/22/2017 Department of Energy Office of the Assistant Secretary for Nuclear Energy Senior Advisor and Chief of Staff DE170095 07/22/2017 Department of Health and Human Services Office of the Secretary Advisor DH170239 07/30/2017 Environmental Protection Agency Office of the Administrator Director of Scheduling and Advance EP170055 07/15/2017 Office of the Associate Administrator for Policy Senior Deputy Associate Administrator for Policy EP170050 07/15/2017 General Services Administration Office of Public Building Service Senior Advisor to the Public Buildings Services Commissioner GS170029 07/07/2017 National Endowment for the Arts Office of the Chairman Press Secretary NA160002 07/05/2017 National Endowment for the Humanities Office of Congressional Affairs Director of Congressional Affairs NH150002 07/31/2017 Authority:

    5 U.S.C. 3301 and 3302; E.O. 10577, 3 CFR, 1954-1958 Comp., p. 218.

    U.S. Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2017-25031 Filed 11-17-17; 8:45 am] BILLING CODE 6325-39-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82068; File No. SR-NASDAQ-2017-120] Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 7018 November 14, 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 November 1, 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 the Exchange's transaction fees at Rule 7018 to: (i) Change the volume threshold needed to qualify for one of the credits for displayed quotes and orders that provide liquidity on the Exchange; and (ii) add a new credit for both providing liquidity to, and removing liquidity from, the Exchange.

    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 purpose of the proposed rule change is to (i) change the volume threshold needed to qualify for one of the credits for displayed quotes and orders that provide liquidity on the Exchange; and (ii) add a new credit for displayed quotes and orders that provide liquidity to, and remove liquidity from, the Exchange.

    Rule 7018 sets forth the fees and credits for use of the order execution and routing services of Nasdaq for securities priced at $1 or more. Rule 7018(a)(1) sets forth the fees and credits for the execution and routing of orders in Nasdaq-listed securities; Rule 7018(a)(2) sets forth the fees and credits for the execution and routing of securities listed on the New York Stock Exchange LLC (“NYSE”), and Rule 7018(a)(3) sets forth the fees and credits for the execution and routing of securities listed on exchanges other than Nasdaq and NYSE (“Tape B Securities”).

    Currently, Nasdaq pays a credit of $0.0029 per share executed for securities listed on Nasdaq, NYSE and Tape B Securities when the member adds liquidity in all securities through one or more of its Nasdaq Market Center MPIDs that represents more than 0.45% of Consolidated Volume during the month.3 Nasdaq now proposes to change this requirement so that the member must add liquidity in all securities through one or more of its Nasdaq Market Center MPIDs that represents more than 0.60% of Consolidated Volume during the month for securities listed on Nasdaq, NYSE and Tape B Securities. Nasdaq is therefore amending the relevant language in Rule 7018(a)(1), (a)(2) and (a)(3) to reflect this change. The amount of the credit remains unchanged.

    3 Rule 7018(a) defines Consolidated Volume to mean “the total consolidated volume reported to all consolidated transaction reporting plans by all exchanges and trade reporting facilities during a month in equity securities, excluding executed orders with a size of less than one round lot. For purposes of calculating Consolidated Volume and the extent of a member's trading activity the date of the annual reconstitution of the Russell Investments Indexes shall be excluded from both total Consolidated Volume and the member's trading activity.”

    Nasdaq is making this change because it believes the new volume requirement is more closely aligned to the amount of the credit. This increase is also reflective of the Exchange's desire to provide incentives to attract order flow to the Exchange in return for significant market-improving behavior. By modestly increasing the volume of liquidity that a member must add during the month in order to qualify for the corresponding credit, this change will help ensure that members are providing significant market-improving behavior in return for credits.

    Nasdaq is also proposing to add a new credit for securities that are listed on Nasdaq, NYSE and Tape B Securities. Specifically, the member will qualify for a rebate of $0.0029 per share executed if the member (i) removes liquidity in all securities through one or more of its Nasdaq Market Center MPIDs that represents more than 0.70% of Consolidated Volume during the month, and (ii) adds liquidity in all securities through one or more of its Nasdaq Market Center MPIDs that represents more than 0.50% of Total Consolidated Volume during the month. Nasdaq is therefore amending the relevant language in Rule 7018(a)(1), (a)(2) and (a)(3) to reflect this change. Nasdaq is adding this rebate to incentivize members to both add and remove liquidity on the Exchange in Nasdaq and NYSE-listed securities and Tape B securities, and to provide members with another way in which they may qualify for a rebate.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,4 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,5 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    4 15 U.S.C. 78f(b).

    5 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes that changing the requirement that members add liquidity that represents more than 0.45% of Consolidated Volume to require members to add liquidity that represents more than 0.60% of Consolidated Volume during the month in order to qualify for the $0.0029 credit is reasonable. The Exchange notes that it is not changing the amount of the credit, which has been addressed in previous filings,6 and believes that the credit continues to be reasonable because it remains unchanged. Nasdaq believes that the change to the volume threshold is reasonable because the increased volume threshold is more closely aligned to the corresponding credit than the current volume threshold. This increase is also reflective of the Exchange's desire to provide incentives to attract order flow to the Exchange in return for significant market-improving behavior. By modestly increasing the volume of liquidity that a member must add during the month in order to qualify for the corresponding credit, this change will help ensure that members are providing significant market-improving behavior in return for credits.

    6See, e.g., Securities Exchange Act Release No. 64453 (May 10, 2011), 76 FR 28252 (May 16, 2011) (SR-NASDAQ-2011-062).

    The Exchange believes that the increase in the volume threshold needed to qualify for the $0.0029 credit is an equitable allocation and is not unfairly discriminatory because the Exchange will apply the same credit to all similarly situated members that meet its requirements. The credit and its corresponding volume requirement will apply equally to transactions in Nasdaq and NYSE-listed and Tape B Securities. The Exchange believes that the new volume requirement will not significantly impact the number of members that will likely qualify for the corresponding credit, since the new volume threshold is a modest increase over the current volume threshold. Participation in the Exchange's various credit tiers is completely voluntary, and members may always elect to either qualify for the corresponding credit by adding sufficient liquidity to the Exchange to meet the new volume requirement, or by electing to qualify for a different credit. Finally, by modestly increasing the volume of liquidity that a member must add during the month in order to qualify for the corresponding credit, this change will help ensure that members are providing significant market-improving behavior in return for credits.

    Nasdaq believes that the new credit tier for adding and removing liquidity is reasonable. Nasdaq notes that the amount of the credit is either comparable or identical to other credits that it offers pursuant to Rule 7018, and believes that the requirements are comparable to other requirements needed to qualify for other credits.7 Nasdaq also believes that the amount of the credit is closely aligned to its corresponding requirements. With this credit and its corresponding requirements, Nasdaq is attempting to incentivize members to both add liquidity to, and remove liquidity from, the Exchange in meaningful amounts, which contributes to the Exchange's overall market quality and benefits all Exchange participants.

    7 For example, Nasdaq currently pays a credit of $0.0027 per share executed for a member (i) with shares of liquidity accessed in all securities through one or more of its Nasdaq Market Center MPIDs that represent more than 0.40% of Consolidated Volume during the month, and (ii) with shares of liquidity provided in all securities through one or more of its Nasdaq Market Center MPIDs that represent more than 0.15% of Consolidated Volume during the month, and (iii) provides a daily average of at least 800,000 shares of nondisplayed liquidity through one or more of its Nasdaq Market Center MPIDs during the month.

    Nasdaq also believes that the new credit tier for adding and removing liquidity is an equitable allocation and is not unfairly discriminatory. As with the change discussed above, the Exchange will apply the same credit and its corresponding volume requirements to all similarly situated members that meet its requirements. The new credit will apply equally to transactions in Nasdaq and NYSE-listed and Tape B Securities. Participation in the Exchange's various credit tiers is completely voluntary, and members may always elect to either qualify for this new credit by adding sufficient liquidity to, and removing sufficient liquidity from, the Exchange to meet the new volume requirements, or by electing to qualify for a different credit. With this credit and its corresponding requirements, Nasdaq is attempting to incentivize members to both add liquidity to, and remove liquidity from, the Exchange in meaningful amounts, which contributes to the Exchange's overall market quality and benefits all Exchange participants.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In terms of inter-market competition, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited.

    In this instance, the proposed change to the volume threshold for the $0.0029 credit does not impose a burden on competition because the Exchange's execution services are completely voluntary and subject to extensive competition both from other exchanges and from off-exchange venues. The Exchange will apply the same volume thresholds to all members for transactions in Nasdaq and NYSE-listed and Tape B Securities. Participation in the Exchange's various credit tiers is completely voluntary, and Nasdaq does not believe that the new volume threshold will significantly impact the number of members that will likely qualify for the corresponding credit. Members may always elect to either qualify for the new volume threshold by adding sufficient liquidity to the Exchange to meet the new volume requirement, or by electing to qualify for a different credit. As such, the Exchange believes that the proposed volume threshold will not negatively impact who will qualify for the corresponding credit, but will rather have a positive impact on overall market quality as members increase their participation in the market to qualify for that credit. If, however, the Exchange is incorrect and the changes proposed herein are unattractive to members, it is likely that Nasdaq will lose market share as a result.

    Similarly, the proposed new credit tier for adding and removing liquidity does not impose a burden on competition because the Exchange's execution services are completely voluntary and subject to extensive competition both from other exchanges and from off-exchange venues. The Exchange will apply the same volume thresholds to all members for transactions in Nasdaq and NYSE-listed and Tape B Securities. Participation in the Exchange's various credit tiers is completely voluntary, and members may always elect to either qualify for the new credit by adding sufficient liquidity to, and removing sufficient liquidity from, the Exchange to meet the new volume requirements, or by electing to qualify for a different credit. As such, the Exchange believes that the proposed credit will have a positive impact on overall market quality by incentivizing members to add and remove liquidity from the Exchange in meaningful amounts. If, however, the Exchange is incorrect and the changes proposed herein are unattractive to members, it is likely that Nasdaq will lose market share as a result.

    Accordingly, Nasdaq does not believe that the proposed changes will impair the ability of members or competing order execution venues to maintain their competitive standing in the financial markets.

    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.8

    8 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-2017-120 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-2017-120. 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-2017-120, and should be submitted on or before December 11, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.9

    9 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-25037 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82071; File No. SR-CTA/CQ-2017-04] Consolidated Tape Association; Notice of Filing and Immediate Effectiveness of the Twenty-Second Charges Amendment to the Second Restatement of the CTA Plan and the Thirteenth Charges Amendment to the Restated CQ Plan November 14, 2017.

    Pursuant to Section 11A of the Securities Exchange Act of 1934 (“Act”),1 and Rule 608 thereunder,2 notice is hereby given that on October 19, 2017, the Consolidated Tape Association (“CTA”) Plan participants (“Participants”) 3 filed with the Securities and Exchange Commission (“Commission”) a proposal to amend the Second Restatement of the CTA Plan and the Restated CQ Plan (“Plans”). The amendment represents the twenty-second Charges Amendment to the CTA Plan and the thirteenth Charges Amendment to the CQ Plan (“Amendments”). The Amendments seek to amend the Plans' fee schedule as well as the Non-Display Use Policy to clarify the applicability of the non-display fee, the device fee, and the access fee. The Participants believe that some vendors are mischaracterizing their customers' usage and creating artificial loopholes to avoid the Non-Display Use and access fees pursuant to amendments filed in October 2014 (“2014 Fee Amendments”) 4 in an attempt to obtain an advantage over other vendors. The Participants believe that the distinction between the device fees, the Non-Display Use fees, and the access fee was set forth in the 2014 Fee Amendments, and many vendors are fully complying with that distinction. The Participants state that some vendors appear to be ignoring the import of the 2014 Fee Amendments in order to gain an advantage over other vendors, allowing them to profit from new or existing customers by offering them lower fees than such customers could obtain from vendors who apply the 2014 Fee Amendments correctly. The Participants state that the proposed amendment is designed to close this loophole by removing any perceived ambiguity in the 2014 Fee Amendments.5

    1 15 U.S.C. 78k-1.

    2 17 CFR 242.608.

    3 The Participants are: Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; Chicago Board Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc.; Investors Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE American LLC; NYSE National, Inc.

    4See Securities Exchange Act Release No. 73278 (October 1, 2014), 79 FR 60536 (October 7, 2014) (“2014 Fee Amendments”).

    5 The Participants would apply this proposed amendment prospectively to meet any concerns that the existing policy was insufficiently clear.

    The Participants previously submitted an amendment to clarify the application of the Non-Display Use Policy.6 That amendment elicited comment letters, some opposing and some supporting the amendment.7 The Participants believed that the opposing comments either misunderstood or misconstrued the purpose and application of that amendment. In order to provide additional explanation of the reasons behind and the impact of the clarification of the Non-Display Policy, the Participants withdrew that amendment and are now submitting this amendment in its place.

    6See Securities Exchange Act Release No. 80300 (Mar. 23, 2017), 82 FR 15404 (Mar. 28, 2017).

    7See Letter from David Craig, President, Thomson Reuters, dated April 21, 2017 (“Thomson Reuters Letter”); Letter from Anonymous, dated April 20, 2017; Letter from Jay Froscheiser, VP, DTN/Schneider Electric, dated April 19, 2017; Letter from Melissa MacGregor, Managing Director and Associated General Counsel, SIFMA, dated April 18, 2017 (“SIFMA Letter”); Letter from Greg Babyak, Head of Global Regulatory and Policy Group, Bloomberg, dated April 18, 2017 (“Bloomberg Letter”); Letter from Brad Ward, dated April 17, 2017; Letter from Marcus Mitchell, dated April 17, 2017.

    In order to correct misinformation regarding the applicability of the Non-Display Use and access fees, the Participants believe that it is important to clarify that Non-Professional Users 8 are not subject to Non-Display Use, access, or device fees, regardless of the type of data product they receive. Rather, as provided for on the Fee Schedules, the only charge applicable to Non-Professional Users is the $1.00 monthly charge and this charge is applicable to any use of the data by a Non-Professional User. While a vendor may make available to a Non-Professional User a data product that could result in Non-Display Use or access fees being assessed against a Professional Subscriber, if the subscriber is a Non-Professional User, that Non-Professional User still would only be subject to the $1.00 monthly charge for such use.9 Therefore, the Participants believe this proposed amendment will have no effect on the fees paid by Non-Professional Users.

    8 As defined in Exhibit B to the Agreement for Market Data Display Services, a Non-Professional User is “any natural person who receives market data solely for his/her personal, non-business use and who is not a `Securities Professional,' ” meaning that the person is not (1) registered or qualified with the SEC, the CFTC, any state securities agency, any securities exchange/association, or any commodities/futures contract market/association, (2) engaged in the functions of an investment advisor as those are described in Section 202(a)(11) of the Investment Advisers Act of 1940, or (3) employed by a bank or other organization exempt from registration under Federal or state securities laws to perform functions that would require them to be so registered or qualified if they were to perform such functions for an organization not so exempt. The CTA's Non-Professional Subscriber Policy can be found at https://www.ctaplan.com/policy.

    9 The Administrator will update its reporting process to ensure that Non-Professional Users would continue to be subject to only the $1.00 monthly charge regardless of use or data delivery method to such customer.

    Pursuant to Rule 608(b)(3) under Regulation NMS,10 the Participants designate the amendment as establishing or changing a fee or other charge collected on their behalf in connection with access to, or use of, the facilities contemplated by the Plans. As a result, the amendment becomes effective upon filing with the Commission.

    10 17 CFR 242.608(b)(3)(i).

    The Commission is publishing this notice to solicit comments from interested persons on the proposed Amendments. Set forth in Sections I and II is the statement of the purpose and summary of the Amendments, along with the information required by Rules 608(a) and 601(a) under the Act, prepared and submitted by the Participants to the Commission.

    I. Rule 608(a) A. Purpose of the Amendments 1. Background The 2014 Fee Amendments

    The Participants amended the Plans' fee schedules in October 2014 to establish fees for Non-Display Uses of data and reduce the device fees assessed on Professional Subscribers.11 The 2014 Fee Amendments responded to long-term changes in data-usage trends. In formulating the 2014 Fee Amendments, the Participants studied the optimum allocation of fees among market data users and consulted with industry representatives that sit on the Plans' Advisory Committee and with other industry participants.

    11See supra note 4.

    The 2014 Fee Amendments realigned the Plans' fees more closely with the ways in which data recipients consume market data. To reflect the changes in consumption of market data, the Participants reduced the rates that Professional Subscribers paid for each of their display devices while establishing fees for non-display consumption of data, referred to as Non-Display Use.

    For example, among other fee reductions, the Professional Subscriber fee was reduced for individuals and firms having only one or two devices, with a ten percent decrease in the fees charged to these subscribers. The other tiered device rates for Professional Subscribers also were reduced. The monthly device fees currently range from $19 to $45 for Network A and is $23 for Network B. Additionally, in the 2014 Fee Amendments, the Participants retained the monthly $1.00 Non-Professional User fee as a cost-effective rate for retail investors.

    The 2014 Fee Amendments created Non-Display Use fees in recognition of the increasingly large amounts of data being made available and the significant value vendors and their subscribers could derive from using data received in a non-display manner. Non-Display Use was defined in the 2014 Fee Amendments as any use accessing, processing, or consuming real-time Network A or Network B quotation information or last sale price information for a purpose other than in support of a data recipient's display or further internal or external redistribution.

    The 2014 Fee Amendments provided a non-exhaustive list of examples of Non-Display Use,12 including:

    12 Non-Display Use does not apply to the creation and use of derived data. Derived data is generally understood by the industry to consist of pricing data or other information that is created in whole or in part from consolidated quotation or last sale price information, but which cannot be reverse engineered to recreate such information or be used to create other data that is recognizable as a reasonable substitute for such information. For instance, using consolidated quotation information or last sale price information to value portfolios or create indexes would not be considered Non-Display Use.

    • Trading in any asset class;

    • Automated order or quote generation and/or order pegging;

    • Price referencing for algorithmic trading;

    • Price referencing for smart order routing;

    • Operations control programs;

    • Investment analysis;

    • Order verification;

    • Surveillance programs;

    • Risk management;

    • Compliance; and

    • Portfolio Valuation.

    The Participants established three categories of Non-Display Use of market data:

    • Category 1 applies when a data recipient makes Non-Display Use of real-time market data on its own behalf.

    • Category 2 applies when a data recipient makes Non-Display Use of real-time market data on behalf of its customers.

    • Category 3 applies when a data recipient makes non-display uses of real-time market data for the purpose of internally matching buy and sell orders within an organization.

    The Non-Display Use Fee is $2,000 per category for Network A and $1,000 per category for Network B. Data recipients can be charged for each of the three categories of Non-Display Use they utilize. Importantly though, if a data recipient makes Non-Display Use of real-time market data on behalf of its customers (a Category 2 use), its customers are not charged the Category 2 Non-Display Use fee or the access fee. Instead, the data recipient (who in this example could be a broker-dealer using the data for smart order-routing) is charged the Category 2 Non-Display Use fee once and is charged the access fee once, but its customers are not charged either fee for the Non-Display Use by the broker-dealer on their behalf. Category 3 is the only Non-Display Use fee that can be charged multiple times; that possibility arises only if a subscriber operates more than a single ATS, exchange, or ECN, and the fee is charged once per ATS, exchange, or ECN.

    Access Fees

    CTA currently charges an access fee to any subscriber with access to data feeds. This fee is charged based on the receipt of data, rather than how the data is used. If a subscriber is receiving a data feed, i.e., information transmitted in a format that is not controlled or can be manipulated and integrated into their own systems, that subscriber is subject to access fees. Access fees are therefore distinct from the separate charges on the Fee Schedule that are based on how the data is used, including device fees and Non-Display Use fees.

    Mischaracterization of Usage by Certain Vendors

    Following the 2014 Fee Amendments, the Participants became aware that certain vendors were characterizing the usage of their customers as subject to solely the device fees despite the fact that the vendors were not delivering the data in a controlled format. Rather, the data was being delivered in a format that enabled their customers to integrate the data into their own systems and software for Non-Display Use. The Participants understand that certain vendors use this characterization to offer their customers the ability to avoid the non-display and access charges due under the Plan to the detriment of other vendors who properly characterized how they delivered the data as being subject to access fees and their customers' usage as being subject to the Non-Display Use fees. The Participants believe that this characterization is clearly contrary to the language and purpose of the 2014 Fee Amendments.

    It is important, therefore, to understand the different types of data products that can be provided by a vendor, generally falling into two categories.

    The first category consists of data distributed in a form that only enables it to be visibly displayed on a device such that the data recipient can only see the consolidated quotation and last sale information without being able to integrate the data into the recipient's own systems and software; the proposed amendment will have no effect on what users of this type of product pay. The device fee contemplates that once that data has been visibly displayed via a graphical user interface, it can be exported via a data delivery exchange to a format such as Excel for further display use. For example, for a Professional Subscriber, use of Bloomberg's Excel add-in features, would be subject to the existing device fee, currently set at a maximum of $45 per unit, and would not be considered Non-Display Use. As described above, this category would not subject a subscriber to any access fees.

    The second category consists of data being provided to a subscriber in a format that enables the subscriber to incorporate the data into the data recipient's systems and software. This type of subscriber is essentially doing through a vendor what it could do if the subscriber accessed data directly from CTA: The vendor is functionally acting as a pipe through which the data is delivered to the subscriber. This type of delivery of data is subject to access fees, and, depending upon usage, non-display fees.

    The Participants are concerned that certain vendors are providing subscribers with a level of access to market data that allows the subscriber to use the market data for Non-Display purposes, yet those vendors are not reporting that delivery of data as a data feed.13 The Participants understand that vendors failing to properly report are taking advantage of understandings of use that pre-dated the 2014 Fee Amendments by continuing to report that their customers were subject only to the lower device fees rather than as data feeds applicable to Non-Display Use and access fees that others were paying in accordance with the existing fee schedule. In other words, those vendors are not applying the 2014 Fee Amendments, but rather continuing to report what constitutes a data feed delivery and non-display use as a device use only. This misinterpretation of the 2014 Fee Amendments has not only upset the balance struck by the Participants in the 2014 Fee Amendments between who should be subject to the device fees versus the Non-Display Use fees, it has also upset the competitive balance among vendors. The Participants are filing this proposed amendment in order to definitively remove any ambiguity with regards to the applicability of the Non-Display Use and access fees to eliminate this imbalance.

    13 The CTA Network Administrator requires all customers and vendors that wish to receive market data via an uncontrolled data feed to complete an Exhibit A, available here: https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/Exhibit%20A%20-%20CTA%20-%20Internal%20and%20External%20Distribution.pdf. Among other information, vendors that redistribute data must report data feeds provided to subscribers. Any subscriber that makes a non-display use of CTA or CQ data must then complete a Non-Display Use of CTA/CQ Market Data—Customer Declaration, which is available here: https://www.ctaplan.com/publicdocs/ctaplan/notifications/trader-update/CTA%20Non%20Display%20Declaration%20Form.pdf.

    In connection with the previously submitted amendment regarding Non-Display Use, certain commenters raised concerns about a potential increase in the price of a particular data product being offered in the marketplace, the Bloomberg Server Application Program Interface product (“Bloomberg SAPI”). Bloomberg argued that those using the Bloomberg SAPI should not be subject to the Non-Display Use and access fees because the output of the server-based application is displayed to users whose device or user ID has been entitled by Bloomberg.14 But Bloomberg's focus solely on how the data might be disseminated by some SAPI users is misplaced and exemplifies the issue that the Participants are attempting to resolve with this proposed amendment.

    14See Bloomberg Letter at 4-5.

    As described above, the access fee is charged to those data recipients who obtain data in a manner that enables the recipient to integrate that data into their own systems or software, regardless of whether and how the recipient chooses to use that data. And the Non-Display Use fee is applicable whenever data is used in a manner that does not make the data visibly available to a data recipient on a device. This is exactly what Bloomberg concedes the Bloomberg SAPI permits when Bloomberg states that the Bloomberg SAPI allows customers to run server-based applications on market data. For example, when Bloomberg first reported use of the Bloomberg SAPI service to the Network Administrator, Bloomberg represented that “[s]ubscribers to Bloomberg's API service typically use the application for the following purposes: Pricing engines, portfolio valuations, order management programs, risk compliance engines, and program trading applications.”

    Prior to 2014, such use was subject to device fees but only because Non-Display Use fees did not exist. However, consistent with the 2014 Fee Amendments, any such use constitutes Non-Display Use according to the definitions that went into effect in 2014 and should be subject to the Non-Display Use and access fees; the provision of such data via the Bloomberg SAPI does not obviate that fact. Use of encryption or entitlements are not designed to restrict such use because they only control access to the data, not use of the data, and it is the latter that determines whether Non-Display Use and access fees apply.

    SIFMA, in its letter commenting on the previous proposed amendment, also focused on the applicability of the Non-Display Use and access fees on Bloomberg's SAPI. But SIFMA mischaracterized the Bloomberg SAPI as “the quintessential display product.” 15 While Bloomberg has a display product, i.e., Bloomberg Terminal, the functionality made available by the Bloomberg SAPI is not at its core a display product. The ability to integrate consolidated quotation and last sale information into a data recipient's “server-based applications” clearly demonstrates the incongruence between SIFMA's description and the Bloomberg SAPI data product's overall functionality. Customers that choose to subscribe to both the Bloomberg Terminal and the Bloomberg SAPI presumably are doing so because they are using the data for purposes other than just display of the data. Indeed, the Participants understand that is why Bloomberg charges its subscribers substantial amounts for the Bloomberg SAPI over and above the amounts Bloomberg charges for use of one its terminals alone. If in fact a customer only needs the display features, which would include use of Excel add-in features, such a customer would not need the Bloomberg SAPI. The customer could end its use of the Bloomberg SAPI and then would not be subject to Non-Display Use or access fees. For the avoidance of doubt, a hypothetical Bloomberg customer that only used Bloomberg Terminals and not the Bloomberg SAPI would not be affected in any way by the proposed amendment. Bloomberg itself implicitly conceded this: Although it rents out more than 300,000 terminals, it claimed the previous proposed amendment would impact only “hundreds” of its customers.16

    15See SIFMA Letter at 2.

    16Compare Bloomberg Web site touting 325,000 global terminal subscribers, https://www.bloomberg.com/company/bloomberg-facts/ with Bloomberg Letter at 1 (claiming that “hundreds” of customers would be affected).

    B. Proposed Amendments to Plans' Fee Schedules 1. Amended Definition of Non-Display Use

    To distinguish between the two categories of use of data, the Participants are proposing to amend the definition of “Non-Display Use” in footnote eight of the Plans' fee schedules to explicitly state that any use of data that does not make data visibly available to a data recipient on a device is a Non-Display Use. The Participants are proposing to make a parallel amendment to footnote two of the Plans' fee schedules to state that the device fee will only be applicable where the data is visibly available to the data recipient; any other data use on a device will be considered Non-Display Use.

    In the 2014 Fee Amendments, the Participants recognized the relative values of non-display versus display data usage. With the proliferation of automated and algorithmic trading, non-display uses consume large amounts of data and perform a wide variety of functions. The black boxes and application programming interfaces utilized by these firms process data far more quickly, and as a result, the relative value between non-display and display data usage is pronounced. The disparity in value between non-display and display data usage led the Participants to decrease the Professional Subscriber device charges in the October 2014 Non-Display Filing while establishing the Non-Display Use fees. However, if a vendor distributes data for Non-Display Use but reports that its subscribers are subject only to device fees, such interpretation would disrupt the balance struck by the Participants in lowering the device fees while establishing the Non-Display Use fees.

    The Participants believe that amending the fee schedule will create a clear understanding of when the Non-Display Use fee is applicable. The Participants believe that the proposed amendment is consistent with the 2014 Fee Amendments and therefore would clarify the change made by the 2014 Fee Amendments.

    To notify data recipients of the amended definition, the Participants will be updating the CTA Market Data Non-Display Use Policy. The CTA Market Data Non-Display Use Policy describes the applicability of the Non-Display Use fee to specific uses of real-time Network A and Network B last sale information and quotation information. The CTA Market Data Non-Display Use Policy currently reflects the applicability of the Non-Display Use fee as established by the 2014 Fee Amendments. The Participants are amending this policy to include the updated definition of Non-Display Use as reflected in the Plans' amended fee schedules. The CTA Market Data Non-Display Use Policy is also being updated to specify that Redistributors that provide market data to their customers and/or data recipients for Non-Display Use of the data must submit an access request to the Administrator, and must require that the customers and data recipients of such market data complete an Exhibit A for the data use request.17

    17 Exhibit A can be found on the Plans' Web site at https://www.nyse.com/publicdocs/ctaplan/notifications/trader-update/Exhibit%20A%20-%20CTA%20-%20Internal%20and%20External%20Distribution.pdf.

    The Participants are also amending footnote two and footnote eight of the Plans' fee schedules to make clear that the Participants reserve the right to make the sole determination as to whether a data recipient's use is subject to the Non-Display Use fee or the device fee and, if subject to the Non-Display Use fee, the category of such Non-Display Use, consistent with the 2014 Fee Amendments and this amendment.

    2. Amended Definition of Access Fee

    To further clarify that the applicable fees that would be assessed are based on how data is used, the Participants are proposing to amend footnote ten of the Plans' fee schedules to clarify when the access fee is applicable. The access fees for Network A range from $750 to $1,750 and for Network B range from $400 to $1,250. The Participants are not proposing to modify the current access fees. Instead, the Participants are proposing to amend footnote 10 in the Plans' fee schedules to provide the access fee would be applicable if: (1) The data recipient uses the data for non-display; or (2) the data recipient receives the data in such a manner that the data can be manipulated and disseminated to one or more devices, display or otherwise, regardless of encryption or instructions from the redistribution vendor regarding who has authorized access to the data. In other words, if a subscriber has access to the data in a manner that enables that subscriber to engage in Non-Display Use of the data, the subscriber should be subject to the access fee. This amendment would make clear that the fees are based on the level of functionality made available by the vendor rather than any particular method of transmission that could potentially be modified to avoid the access fees. The Participants believe that this proposed amendment is consistent with how access fees are currently charged and would remove any ambiguity for subscribers.

    For example, if a subscriber is receiving a stream of consolidated quotation and last sale information from a vendor, and that stream of data can then be used by the subscriber as an input into its own systems and software, then the subscriber will be subject to the access fee because it is able to make Non-Display Uses of the data. Additionally, if a subscriber is able to access a vendor's servers, choose what data to download onto its own system, and then incorporate that data into the subscriber's system and software, then the subscriber will be subject to the access fee. If, however, a subscriber is accessing a platform provided by a third-party where the data is being incorporated into and manipulated by the third-party's software, then the subscriber accessing that platform will not be subject to the access fee; instead, the third-party software provider will be subject to the access fee.

    This proposed amendment is designed to make the applicability of the access fee depend upon the functionality made available by a vendor rather than get into a technical discussion of whether a form of transmission constitutes a “data feed” per se. In essence, if the data is delivered in a format that allows for non-display use, then such data delivery is tantamount to a data feed because it is a delivery format that is not controlled either in the entitlements or how the data is displayed. This approach to defining the applicability of the access fee will ensure that vendors that are providing the same level of functionality to their subscribers are not permitted to charge differing fees. As a result, the Participants believe that the revised definition will place all vendors on an equal footing so as to maintain a balanced, fair, and equitable competitive landscape.

    3. Limited Scope of Proposed Amendment

    So as to avoid any misplaced concern, the Participants reiterate that the Non-Display Use and access fees are not applicable to a Non-Professional User, and therefore the proposed amendments are not applicable to Non-Professional Users. As previously stated, the 2014 Fee Amendments established fees for Non-Display Uses of data and reduced the device fees assessed on Professional Subscribers. Therefore, regardless of whether a Non-Professional User is receiving a data product that could be subject to the Non-Display Use and access fees, a Non- Professional User's vendor would only be charged $1.00 for the data product being made available to a Non-Professional User.18 While the Participants cannot control the pricing charged by vendors for usage of the vendors' data products, such Non-Professional User's fees would not change in any way as a result of this proposed amendment.

    18 Unlike Professional Subscribers, Non-Professional Users are not directly billed by the Network Administrator, but instead the vendors providing the quotation and last sale information to Non-Professional Users are billed for any usage. The fee schedule states as much in connection with the Non-Professional User fee. None of the other fees contain this reference to charging vendors for use by Non-Professional Users because such users are not charged those fees.

    Further, it is important to note the distinction between the fees charged to a brokerage platform that receives data and uses it for multiple purposes (including providing displays to its customers) versus the fees charged to display-only users who simply access that platform to view the data. Although it is true that the firms providing these types of platforms could be charged Non-Display Use and access fees because of their receipt and use of data for multiple purposes, that does not mean that the customers of such a platform would be charged the same fees. If a customer has access to uncontrolled data on a platform, then the firm running the platform would be charged an access fee. Additionally, if the platform made Non-Display Use of that data, then the firm would also be charged a Non-Display Use fee, and if the use was on behalf of both itself and its customers, it would be charged a Category 1 and a Category 2 Non-Display Use fee.

    However, customers accessing that display platform only to view the data would not be charged either the Non-Display Use fee or the access fee. As such, even if the platform had 500 users, the firm providing the platform would be charged only once for its Non-Display Use on behalf of its customers, but the customers would not be individually assessed the Non-Display Use or access fees. Instead, a Professional Subscriber would be charged at most $45 per unit for accessing the firm's platform.

    B. Governing or Constituent Documents

    Not applicable.

    C. Implementation of the Amendments

    Pursuant to Rule 608(b)(3)(i) under Regulation NMS, the Participants have designated the proposed clarification as establishing or changing fees and are submitting the amendment for immediate effectiveness.

    D. Development and Implementation Phases

    See Item C above.

    E. Analysis of Impact on Competition

    The amendments proposed herein do not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Securities Exchange Act of 1934 (the “Act”). Additionally, the Participants do not believe that the proposed amendments introduce terms that are unreasonably discriminatory for the purposes of Section 11A(c)(1)(D) of the Act. The Participants have submitted this amendment to simply clarify the applicability of the Non-Display Use and access fees established in the 2014 Fee Amendments.

    As explained in the 2014 Fee Amendments, the Non-Display Use fees were established in response to the proliferation of the use of data for dark pools and other non-display trading applications. In conjunction with the establishment of Non-Display Use fees, the Participants reduced the rates for Professional Subscriber display devices in hopes of fostering the widespread availability of real-time market data. At the same time, the Non-Display Use fees allowed those who make Non-Display Uses of data to make appropriate contributions to the costs of collecting, processing, and redistributing the data. The clarification proposed herein maintains the balance struck by the Participants in reducing the device fee while establishing the Non-Display Use fees.

    Additionally, the Participants believe that the amendment will have a positive effect on competition because the amendment will ensure that all vendors are classifying their customer's usage in the same manner. Following the 2014 Fee Amendments, the Participants believe that certain vendors have been mischaracterizing the usage of their customers as being subject solely to the device fees despite the fact that the data was being delivered in an uncontrolled form that enabled their customers to integrate the data into their own systems and software for Non-Display Use. This mischaracterization led to certain vendors offering their customers lower fees, to the detriment of other vendors who properly characterized their customers' usage as subject to the Non-Display Use and access fees. By eliminating the ambiguity in the Plans' fee schedules, the Participants believe that all vendors will be subjected to and subject their customers to similar fees for similar uses of data.

    Without detailed information from vendors,19 the Participants are unable to calculate the actual number of subscribers that are going to be affected by the proposed amendment; however, due to the limited application of the Non-Display Use and access fees, the Participants believe that the change will not be widespread. First, the proposed amendment would have no effect on Non-Professional Users regardless of the type of data product the Non-Professional User was receiving; such users would only be charged $1.00 for use of market data. Second, the Participants believe that some users might be receiving a data product in a format that provides a level of access to data that they do not need based on how they are using the data. If a subscriber were not making Non-Display Uses of market data, then such subscriber would not need the enhanced service and could switch to a display-only data product that would be subject to the lower device fees. Because the subscriber was not making Non-Display Uses of the market data, the switch would cause the subscriber to be in exactly the same position as it is today—it would be able to continue using the market data in the same manner as it previously viewed it while paying only the device fee. Finally, the Participants believe that only a small number of vendors are not correctly reporting their customers' usage of data, and this proposed amendment is intended to close an unintended loophole that certain vendors are exploiting.

    19 As previously mentioned though, Bloomberg, in its comment letter on the previously filed amendment, stated that although it rents out more than 300,000 terminals, it only claimed the proposed amendment would impact “hundreds” of its customers.

    In connection with the previously proposed amendment, Bloomberg claimed that the proposal was an unfair burden on competition because Bloomberg is “asked to disclose all of its customers to the Exchange, including the specific method by which they consume data.” Bloomberg claimed that such a request is to obtain “confidential information under the guise of the SRO cloak,” implying that this information will be used to market exchanges' proprietary data products.20 As described above, however, this data is already required by the administrator as a necessary part of its administrative functions to be able to audit fees billed to data users, and is not being requested by an individual exchange for its own benefit. As it always has been the case, other than non-professional subscribers, the administrator directly bills customers of vendors that have been reported by a vendor as a professional device user or using the data for non-display purposes. As a result, the information being requested is necessary to carry out the administrator function. Direct billing, and therefore the need for this information, long predates even the 2014 Fee Amendments. It is unclear why Bloomberg and other commenters believe that the proposed amendment has anything to do with this longstanding (and heretofore unchallenged) requirement.

    20 Bloomberg Letter at 8.

    Moreover, the administrator is subject to information barriers which prevent it from disclosing confidential customer information with the exchange's business units.

    F. Written Understanding or Agreements Relating to Interpretation of, or Participation in, Plan

    As previously stated, the Participants have amended the CTA Market Data Non-Display Use Policy to implement the proposed Amendments. A copy of the changes to the Non-Display Use Policy is attached to the Amendment.

    G. Approval by Sponsors in Accordance With Plan

    Section XII (b)(iii) of the CTA Plan provides that “[a]ny addition of any charge to . . . the charges set forth in Exhibit E . . . shall be effected by an amendment to this CTA Plan . . . that is approved by affirmative vote of not less than two-thirds of all of the then voting members of CTA. Any such amendment shall be executed on behalf of each Participant that appointed a voting member of CTA who approves such amendment and shall be filed with the SEC.” Further, Section IX(b)(iii) of the CQ Plan provides that “additions, deletions, or modifications to any charges under this CQ Plan shall be effected by an amendment . . . that is approved by affirmative vote of two-thirds of all the members of the Operating Committee.”

    The Participants have executed this Amendment and represent not less than two-thirds of all of the parties to the Plan. That satisfies the Plans' Participant-approval requirements.

    H. Description of Operation of Facility Contemplated by the Proposed Amendments

    Not applicable.

    I. Terms and Conditions of Access

    Not applicable.

    J. Method of Determination and Imposition, and Amount of, Fees and Charges 1. In General

    The Participants took a number of factors into account in deciding to propose the amendments contained herein. First, the administrator works closely with vendors and customers to assess and analyze the different methods by which vendors make data available to their customers. The Participants have determined that certain vendors are providing non-display functionality via their market data products but nevertheless are reporting that their customers are only subject to the lower display device charges based on a skewed reading of the Non-Display Use and access fees.

    Significantly, the Participants discussed their findings with the Advisory Committee. The Advisory Committee includes a representative of a broker-dealer with a substantial retail investor customer base, a broker-dealer with a substantial institutional investor customer base, an alternative trading system, a data vendor, and an investor. It also includes other industry representatives having deep market data experience. The Advisory Committee members attended and participated in meetings of the Participants in which the proposed amendment was discussed in length. During these meetings, no Advisory Committee member voiced an opposition to the proposed amendment, and some were quite vocal in their support of the need to level the competitive imbalance that currently exists as a result of the misinterpretation by certain vendors of the Non-Display and access fees.

    2. The Proposed Amendment Will Have No Impact on Most Individual Investors

    Non-Professional Users (i.e., individual investors) will not be impacted by the proposed amendment. As described above, Non-Professional Users are not subject to Non-Display Use, access, or device fees, regardless of the type of data product they receive. Rather, as provided for on the Fee Schedules, the only charge applicable to Non-Professional Users is the $1.00 monthly charge and this charge is applicable to any use of the data by a Non-Professional User. Therefore, this proposed amendment will have no effect on the fees paid by Non-Professional Users.

    3. Vendor Fees

    Fees imposed by data vendors (which the Commission does not regulate), rather than the fees imposed under the national market system plans account for a significant majority of the global market data fees incurred by the financial industry. Market data vendors may significantly mark-up national market system fees or incorporate that data into the vendors' own market data products. The fees the market data vendors charge are not regulated and there is limited transparency into how their rates are applied. In any event the vendors' fees do not result in any additional revenues for the Participants; the vendors alone profit from them.

    4. The Proposed Amendment Resolves the Inequitable Application of Non-Display Use and Access Fees as a Result of the Misinterpretation

    The Participants believe that the proposed amendment is fair and reasonable and provides for an equitable allocation of dues, fees, and other charges among vendors, data recipients and other persons. This proposed amendment is not motivated by a plan to increase fees or revenues, but rather to ensure that the 2014 Fee Amendments are applied correctly and consistently by all vendors. In a perfect world, this proposed amendment would not result in any changes to revenue because data recipients are already be subject to the 2014 Fee Amendments and they should be reporting usage correctly. However, as the Bloomberg Letter exposes, there is at least one vendor (Bloomberg) that has not been accurately reporting its Bloomberg SAPI product.

    For the reasons discussed below, the Participants cannot conduct a precise analysis of what changes to revenue would accrue if this amendment were to go into effect. Indeed, to date, the administrator cannot project whether this proposed amendment would result in any revenue changes because it is not known whether, and how many, vendors are not accurately reporting usage. The Participants are therefore unable to forecast what revenue increase, if any, may result from the proposed amendment, because only those vendors utilizing a misinterpretation of the 2014 Fee Amendments have the information necessary to enable the Participants to calculate the effects of closing the perceived loophole.

    Nevertheless, the Participants have done a general analysis, as described below, based upon the comments received on the prior proposal. Specifically, as demonstrated by the Bloomberg comment, we know that at least one vendor is not reporting correctly and it has refused to provide information to the administrator. However, Bloomberg acknowledges in its letter that if it correctly applied the 2014 Fee Amendments, “hundreds” of its customers would be affected.

    Because Bloomberg has refused to provide any information, the Participants have no way of knowing whether 200 customers or 999 customers would be impacted, or somewhere in between. In addition, some of these customers may only need to receive the data in a display format and therefore not be impacted at all. Regardless of the actual number of Bloomberg customers, there would not be a one-to-one correlation between the number of customers receiving CTA/CQ data over the Bloomberg SAPI and the number of additional access fees and Non-Display Use fees that would be charged if Bloomberg correctly reported its customers' usage. Specifically, Bloomberg is likely currently reporting those “hundreds” of data recipients as Professional Device Users, which means the customer that Bloomberg is referring to is in fact a person as opposed to a firm. A customer firm of Bloomberg may subscribe multiple times to the Bloomberg SAPI feed for its individual users. In that case, because access fees and Non-Display Use fees are charged once at a firm level, that Bloomberg customer firm would likely be subject to a single access fee and Non-Display Use fee for multiple Bloomberg SAPI connections. Moreover, a Bloomberg firm customer that subscribes to the Bloomberg SAPI may already be paying an access fee and Non-Display Use fees, in which case, correctly reporting the Bloomberg SAPI as a data feed would not result in any additional fees to such customer. Additionally, the Participants believe that many data users that are currently taking high-priced vendor products such as Bloomberg's SAPI, providing what is for those users unnecessary functionality, may switch to other products so as to avoid having to pay any additional charges they may face once the non-display functionality is accurately reported. Any such switch will reduce any potential revenue increase resulting from the clarification. In sum, although the Participants are aware of certain vendors inaccurately reporting data usage, they do not believe that there has been a widespread misinterpretation of the 2014 Fee Amendments. Accordingly, the Participants generally do not believe that this proposed amendment would result in a material increase in revenue.

    More importantly, however, the Participants are concerned about the possible consequences of failing to close this perceived loophole. In particular, the level of access provided by the misreported products is roughly equivalent to that provided by the products offered by vendors reporting accurately. Yet, those vendor's customers are not paying what other vendor's customers pay for the similar services. In order to maintain the competitive balance, it is likely that, absent the clarification, the market vendors that are now accurately reporting may feel compelled to take advantage of this perceived loophole to reduce their competitors' untoward advantage, and, if they do so, this may reduce the market data revenue pool available to the Participants. The failure to close this perceived loophole therefore could result in substantial disruptions to the market data funding mechanism.

    K. Method and Frequency of Processor Evaluation

    Not applicable.

    L. Dispute Resolution

    Not applicable.

    II. Rule 601(a) A. Equity Securities for Which Transaction Reports Shall Be Required by the Plan

    Not applicable.

    B. Reporting Requirements

    Not applicable.

    C. Manner of Collecting, Processing, Sequencing, Making Available and Disseminating Last Sale Information

    Not applicable.

    D. Manner of Consolidation

    Not applicable.

    E. Standards and Methods Ensuring Promptness, Accuracy and Completeness of Transaction Reports

    Not applicable

    F. Rules and Procedures Addressed to Fraudulent or Manipulative Dissemination

    Not applicable.

    G. Terms of Access to Transaction Reports

    Not applicable.

    H. Identification of Marketplace of Execution

    Not applicable.

    III. Solicitation of Comments

    The Commission seeks comment on the Amendments. In particular, the Commission seeks comment on, among other things: (1) Whether the impact of the 2014 CTA/CQ Fee Amendments on market data users has been consistent with the representations of the Participants; (2) the number of market data users that would be impacted by these Amendments; (3) the impact these Amendments would have on, for example, the fees paid by market data users; and (4) whether the Amendments would have a disproportionally greater impact on certain segments of users (e.g., small and midsize trading firms). Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed Amendments are 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-CTA/CQ-2017-04 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-CTA/CQ-2017-04. 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 Amendments that are filed with the Commission, and all written communications relating to the Amendments 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 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the Amendments also will be available for inspection and copying at the principal office of the CTA.

    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-CTA/CQ-2017-04 and should be submitted on or before December 11, 2017.

    By the Commission.

    Brent J. Fields, Secretary.
    [FR Doc. 2017-25027 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P.
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82072; File No. S7-24-89] Joint Industry Plan; Notice of Filing and Immediate Effectiveness of the Fortieth Amendment to the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis November 14, 2017.

    Pursuant to Section 11A of the Securities Exchange Act of 1934 (“Act”),1 and Rule 608 thereunder,2 notice is hereby given that on October 19, 2017, the Participants 3 in the Joint Self-Regulatory Organization Plan Governing the Collection, Consolidation and Dissemination of Quotation and Transaction Information for Nasdaq-Listed Securities Traded on Exchanges on an Unlisted Trading Privileges Basis (“NASDAQ/UTP Plan” or “Plan”) filed with the Securities and Exchange Commission (“Commission”) a proposal to amend the NASDAQ/UTP Plan.4 The amendment is the 40th Amendment to the NASDAQ/UTP Plan (“Amendment”).5 The Amendment proposes to modify the text of the fee schedule of the Plan to conform the text of the Plan to what was described in both the transmittal letter for the Thirty-Third Amendment to the Plan and the Commission's public notice of the filing of the Thirty-Third Amendment to the Plan.6

    1 15 U.S.C. 78k-1.

    2 17 CFR 242.608.

    3 The Participants are: Bats BYX Exchange, Inc.; Bats BZX Exchange, Inc.; Bats EDGA Exchange, Inc.; Bats EDGX Exchange, Inc.; Chicago Board Options Exchange, Incorporated; Chicago Stock Exchange, Inc.; Financial Industry Regulatory Authority, Inc.; Investors Exchange LLC; Nasdaq BX, Inc.; Nasdaq ISE, LLC; Nasdaq PHLX LLC; The Nasdaq Stock Market LLC; New York Stock Exchange LLC; NYSE Arca, Inc.; NYSE American LLC; and NYSE National, Inc. (collectively, the “Participants”).

    4 The Plan governs the collection, processing, and dissemination on a consolidated basis of quotation information and transaction reports in Eligible Securities for each of its Participants. This consolidated information informs investors of the current quotation and recent trade prices of Nasdaq securities. It enables investors to ascertain from one data source the current prices in all the markets trading Nasdaq securities. The Plan serves as the required transaction reporting plan for its Participants, which is a prerequisite for their trading Eligible Securities. See Securities Exchange Act Release No. 55647 (April 19, 2007), 72 FR 20891 (April 26, 2007).

    5See Letter from Emily Kasparov to Brent J. Fields, dated October 18, 2017 (“Transmittal Letter”).

    6See, e.g., Transmittal Letter at 1, 3; Securities Exchange Act Release No. 73279 (October 1, 2014), 79 FR 60522, (October 7, 2014) (“October 2014 Non-Display Filing”).

    The original filing and notice included the following language designed to direct Participants to look to the regular fee schedule: “but the data may be fee liable under the regular fee schedule.” 7 Due to what the Participants state was an inadvertent omission, the language described in the transmittal letter and included in the public notice of the filing was omitted from the text of the Plan.8 The Participants propose to amend the Plan language to state that the Non-Display fees do not apply when data is used to create derived data and the derived data is used for the purposes of solely displaying the derived data, and also to conform the Plan language to the original filing and notice directing subscribers to separate provisions of the Plan that still apply.9 Thus, the following conforming language would be added: “but the data may be fee liable under the regular fee schedule.” 10 No comments were received on this topic when the Thirty-Third Amendment was noticed.

    7See October 2014 Non-Display Filing, 79 FR at 60525.

    8See Transmittal Letter at 1, 3.

    9See Transmittal Letter at 3.

    10See Addendum 1 to the Thirty-Third Amendment to the Plan. The Addendum is marked to show the changes to the text of the Plan that the Participants proposed in the Thirty-Third Amendment.

    Pursuant to Rule 608(b)(3)(i) under Regulation NMS,11 the Participants designate the Amendment as establishing or changing a fee or other charge collected on behalf of the Participants in connection with access to, or use of, any facility contemplated by the Nasdaq/UTP Plan and are submitting the amendment for immediate effectiveness.

    11 17 CFR 242.608(b)(3)(i).

    The Commission is publishing this notice to solicit comments from interested persons on the Amendment. Set forth in Sections I and II is the statement of the purpose and summary of the Amendments, along with the information required by Rules 608(a) and 601(a) under the Act, prepared and submitted by the Participants to the Commission.

    I. Rule 608(a) A. Purpose of the Amendment 1. Background

    Derived data consists of pricing data or other information that is created in whole or part from consolidated quotation or last sale information and:

    • Cannot be reverse-engineered to recreate the information, or

    • Cannot be used to create other data that is recognized by NASDAQ to be a reasonable facsimile for the consolidated quotation or last sale information.

    Historically, derived data that contains price data and is based upon a single security symbol is fee liable at the underlying product rates. If derived real-time volume data for a single security does not also include price data, however, it is not fee liable. Additionally, derived data that contains price and/or volume data based upon multiple security symbols is not fee liable. This approach as to when derived data may be considered fee liable is due to the similarity between single security derived data containing price data and the consolidated quotation or last sale information.

    The application of the above-described derived data policy has been in place since at least 2007.12 The derived data policy for UTP market data paralleled the derived data policy adopted by Nasdaq for its proprietary data.13

    12See NASDAQ and UTP Market Data Policies V. 2007-02 (September 13, 2007). The Plan's derived data policy differs from the treatment of derived data by the CTA and CQ Plan. Under the CTA and CQ Plan, derived data is never fee liable, even at the underlying product rates, regardless of how the derived data is used.

    13 As part of the Non-Display amendment in October 2014, the Participants stated that the fee changes proposed therein would “move in the direction of continuing to harmonize fee structures under the Plan with fee structures under the CTA Plan, CQ Plan, and the OPRA Plan.” See October 2014 Non-Display Filing, 79 FR at 60523. This language in the October 2014 Non-Display Filing was intended for the Professional Subscriber device fees, the Non-Display fees, and the per-query fees and did harmonize these aspects of the various market data plans' fee structure. It was not intended to remove all differences that existed at the time the 2014 Non-Display Filing was submitted to the Commission and that continue today. For instance, the CTA and CQ Plans have a tiered fee structure for Professional Subscribers based on the number of devices while the Plan has a single tier for Professional Subscriber fees. Conversely, the UTP Plan has a tiered fee structure for its Cable Television Ticker fee while the CTA and CQ Plan have a single tier with a set maximum for the same fee. These differences, along with a difference in the various market data plans'approaches to the fee liability of derived data, is due to the longstanding historical differences between the administration of each market data plan.

    2. Correcting Oversight in 2014 Non-Display Amendments

    In October 2014, the Participants amended the Plan's fee schedule to establish fees for Non-Display Uses and to reduce the Subscriber fees assessed on Professional Subscribers.14 As part of the amendment, the Participants made clear in their submission that, although Non-Display fees were not applicable when using the data in Non-Display to create derived data and the derived data was used for the purposes of solely displaying the derived data, the data still could be fee liable under the regular fee schedule.15 The Participants included this language to resolve a potential ambiguity between the existing derived data policy and the Non-Display fees. This language was designed to make clear that simply creating derived data would not result in Non-Display fees because the creation of derived data could conceivably fall within the definition of a Non-Display Use. Instead, like the derived data policy since at least 2007, derived data is meant to be fee liable at the underlying product rates.

    14See generally October 2014 Non-Display Filing.

    15Id. at 60525.

    Although this language was a part of the transmittal letter and notice for the October 2014 amendments, the language was inadvertently left out of the text of the Plan in that amendment. Currently, Exhibit 2 of the Plan states that “Non-Display Use does not apply to the creation and use of derived data.” The Participants are proposing to correct this inadvertent clerical omission to include in the Plan language the detail contained in the October 2014 submission. Therefore, the Participants are proposing to amend the text of the Plan's fee schedule to insert the Plan's historical derived data policy that derived data will be subject to the underlying products fee schedule. As such, the use of data will be excepted from the Non-Display fees when such data is used to create derived data and such derived data is used for the purpose of solely displaying the derived data.

    The Participants believe that this proposed change will align the October 2014 submission and text of the Plan and maintain the historical approach of the fee liability of derived data. As such, instances where a data recipient is using the data in Non-Display to create derived data, such as Indications of Interest or Volume-Weighted Average Prices, for the purpose of solely displaying such data, then the Non-Display fee schedule does not apply. Such use may be fee liable for the Subscriber fees, and other fees such as Access and/or Redistributor fees, if applicable.

    B. Governing or Constituent Documents

    Not applicable.

    C. Implementation of the Amendments

    Because the Participants have designated the Amendment as one establishing or changing fee or other charge collected on behalf of the Participants in connection with access to, or use of, any facility contemplated by the Nasdaq/UTP Plan,16 the Amendment became effective upon filing with the Commission.

    16See 17 CFR 242.608(b)(3)(i)

    D. Development and Implementation Phases

    See Item I.C. above.

    E. Analysis of Impact on Competition

    The Participants assert that the Amendment does not impose any burden on competition that is not necessary or appropriate in furtherance of the purposes of the Securities Exchange Act of 1934 (the “Act”). Additionally, the Participants do not believe that the proposed amendment introduces terms that are unreasonably discriminatory for the purposes of Section 11A(c)(1)(D) of the Act. The Participants have submitted this amendment to simply correct an inadvertent omission in the Plan language to correspond to language previously contained in a submission to the Commission. This amendment simply aligns the text of the Plan with the language contained in the October 2014 submission and the longstanding practice of the Plan's application of fees to derived data.

    Furthermore, the Participants believe that this longstanding derived data policy is reasonable in order to protect the Plan's proprietary rights over consolidated quotation and last sale information. As previously stated, derived data that contains price data and is based upon a single security symbol is fee liable at the underlying product rates. Derived data that contains volume data but no price data and derived data that is based upon multiple security symbols is not currently fee liable. Such an approach is logical given the similarity between derived data that contains price data and is based upon a single security symbol to the consolidated quotation and last sale information disseminated by the Plan.

    F. Written Understanding or Agreements Relating to Interpretation of, or Participation in, Plan

    Not applicable.

    G. Approval by Sponsors in Accordance With Plan

    See Item I.C. above.

    H. Description of Operation of Facility Contemplated by the Proposed Amendments

    Not applicable.

    I. Terms and Conditions of Access

    Not applicable.

    J. Method of Determination and Imposition, and Amount of, Fees and Charges

    The Participants believe that the amendment proposed herein is fair and reasonable since it corrects an inadvertent omission in order to ensure the continued implementation of the derived data policy that has been in place for at least ten years.

    The longstanding derived data policy is reasonable in order to protect the Plan's proprietary rights over consolidated quotation and last sale information. As previously stated, derived data that contains price data and is based upon a single security symbol is fee liable at the underlying product rates. Derived data that contains volume data but no price data and derived data that is based upon multiple security symbols is not currently fee liable. Such an approach is logical given the similarity between derived data that contains price data and is based upon a single security symbol to the consolidated quotation and last sale information disseminated by the Plans.

    K. Method and Frequency of Processor Evaluation

    Not applicable.

    L. Dispute Resolution

    Not applicable.

    II. Rule 601(a) A. Equity Securities for Which Transaction Reports Shall Be Required by the Plan

    Not applicable.

    B. Reporting Requirements

    Not applicable.

    C. Manner of Collecting, Processing, Sequencing, Making Available and Disseminating Last Sale Information

    Not applicable.

    D. Manner of Consolidation

    Not applicable.

    E. Standards and Methods Ensuring Promptness, Accuracy and Completeness of Transaction Reports

    Not applicable

    F. Rules and Procedures Addressed to Fraudulent or Manipulative Dissemination

    Not applicable.

    G. Terms of Access to Transaction Reports

    Not applicable.

    H. Identification of Marketplace of Execution

    Not applicable.

    III. Solicitation of Comments

    The Commission seeks comments on the Amendment. Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed Amendment 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 S7-24-89 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number File No. S7-24-89. 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 Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all written statements with respect to the proposed Amendment that are filed with the Commission, and all written communications relating to the proposed Amendment 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 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of the Amendment also will be available for Web site viewing and printing at the principal office of the Plan. 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 S7-24-89 and should be submitted on or before December 11, 2017.

    By the Commission.

    Brent J. Fields, Secretary.
    [FR Doc. 2017-25028 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82076; File No. SR-LCH SA-2017-008] Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change Relating to Margin Framework and Default Fund Methodology for Options on Index Credit Default Swaps November 14, 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 November 6, 2017, Banque Centrale de Compensation, which conducts business under the name LCH SA (“LCH SA”), filed with the Securities and Exchange Commission (“Commission”) the proposed rule change described in Items I, II, and III below, which Items have been prepared primarily by LCH SA. LCH SA filed the proposed rule changes pursuant to Section 19(b)(3)(A) 3 of the Act and Rule 19b-4(f)(2) 4 thereunder, so that the proposal was effective upon filing with the Commission. The Commission is publishing this notice to solicit comments on the proposed rule change from interested persons.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3 15 U.S.C. 78s(b)(3)(A).

    4 17 CFR 240.19b-4(f)(2).

    I. Clearing Agency's Statement of the Terms of Substance of the Proposed Rule Change

    LCH SA is filing the new fee grid in connection with the proposed extension of the CDSClear service to the clearing of options on index credit default swaps (“CDS Options”). The text of the proposed rule change has been annexed as Exhibit 5.

    Two separate proposed rule changes have been submitted concurrently (SR-LCH SA-2017-006 and 007) with respect to amendments to (i) LCH SA's rule book and other relevant procedures and to (ii) LCH SA CDSClear Margin Framework and Default Fund Methodology in order to incorporate terms and to make conforming and clarifying changes to allow CDS Options to be cleared by LCH SA. The launch of clearing CDS Options will be contingent on LCH SA's receipt of all necessary regulatory approvals, including the approval by the Commission of the proposed rule changes described under SR-LCH-SA-2017-006 and 007.

    II. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, LCH SA 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. LCH SA has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of these statements.

    A. Clearing Agency's Statement of the Purpose of, and Statutory Basis for, the Proposed Rule Change 1. Purpose

    The purpose of the proposed rule change is to establish the applicable fee grid in connection with the proposed extension of the CDSClear service to the clearing of CDS Options.

    The proposed rule change introduces a fixed onboarding fee payable by every General and Select member that will join the new clearing service. The onboarding fee will be waived for any member whose onboarding for such clearing service is duly confirmed by LCH SA on or before 31st March 2018.

    In addition to the fixed onboarding fee, the clearing fees are due by each General Member, Select Member or Client in accordance with the amount, currency and volume specified in the fee grid attached in Exhibit 5. Similar to the current Index & Single Names fee grid for General Membership under the Introductory tariff, a floor and a cap on clearing fees have been implemented for General Members opting for the CDS Options clearing service. Select Members opting for the CDS Options clearing service are only subject to capped fees as Select Membership is designed primarily for price takers with a smaller portfolio and a fixed cost (to which a floor amounts to) would deter them from clearing CDS Options.

    All members and clients will benefit from a clearing fee holiday until 31st December 2017.

    2. Statutory Basis

    LCH SA believes that the proposed rule change in connection with the clearing of CDS Options is consistent with the requirements of Section 17A of the Act and the regulations thereunder, including the standards under Rule 17Ad-22.5

    5 17 CFR 240.17Ad-22.

    Section 17A(b)(3)(D) of the Act requires that the rules of a clearing agency provide for the equitable allocation of reasonable dues, fees, and other charges.6 The proposed fee grid for the new non-mandatory Credit Index Options clearing service has been discussed with CDSClear members and designed with the goal of enabling members to register to this service as well as to incentivize clearing of such non-mandated for clearing products while taking into consideration current market trading conditions for options.

    6 15 U.S.C. 78q-1(b)(3)(D).

    As noted above, the proposed fee grid will apply equally to all General members, Select Members and clients that will voluntary participate in this new CDS Clearing Service and LCH SA believes that it is reasonable and appropriate.

    As Select Members have fewer obligations than General Members, variable clearing fees for CDS Options are higher for Select Members than for General Members (similarly to the current Index & Single Names variable fee grid). Clients have no obligation towards the CCP, and hence variable clearing fees for CDS Options are set higher for them than for Members (similarly to the current Index & Single Names variable fee grid). As for Select Members, a fixed cost (floor) being applied to clients could deter them from choosing to clear CDS Options.

    Finally, the purpose of the cap is to incentivize participants to provide liquidity into the CDS Options clearing service. Unlike General Members, as clients are not meant to provide such liquidity, LCH SA does not offer capped clearing fees for clients.

    LCH SA believes that the proposed rule change is consistent with the requirements of Section 17A of the Act 7 and regulations thereunder applicable to it, because it provides for the equitable allocation of reasonable fees, dues, and other charges among clearing members and market participants by ensuring that General and Select Members and clients pay reasonable fees and dues for the services that LCH SA provides.

    7 15 U.S.C. 78q-1.

    B. Clearing Agency's Statement on Burden on Competition

    Section 17A(b)(3)(I) of the Act requires that the rules of a clearing agency not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.8 LCH SA does not believe that the proposed rule change would impose any burden on competition that are not necessary or appropriate in furtherance of the purposes of the Act.

    8 15 U.S.C. 78q-1(b)(3)(I).

    Credit Index Options contracts will be available to all LCH SA CDSClear participants for clearing. The clearing of CDS Options contracts by LCH SA CDSClear does not preclude the offering of these financial instruments for clearing by other market participants.

    The proposed rule change does not adversely affect the ability of such Clearing Members or other market participants generally to engage in cleared transactions or to access clearing services. Therefore, LCH SA does not believe that the proposed rule change would impose a burden on competition not necessary or appropriate in furtherance of the purposes of the Act.

    C. Clearing Agency's Statement on Comments on the Proposed Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed rule change have not been solicited or received. LCH SA will notify the Commission of any written comments received by LCH SA.

    III. Date of Effectiveness of the Proposed Rule Change and Timing for Commission Action

    Subject to any regulatory review or approval process duly completed, the foregoing proposed rule change has become effective upon filing pursuant to Section 19(b)(3)(A) 9 of the Act and Rule 19b-4(f)(2) 10 thereunder because it establishes a fee or other charge imposed by LCH SA on its Clearing Members. At any time within 60 days of the filing of the proposed rule change, the Commission summarily may temporarily suspend such proposed rule change if it appears to the Commission that such action is necessary or appropriate in the public interest, for the protection of investors, or otherwise in furtherance of the purposes of the Act.

    9 15 U.S.C. 78s(b)(3)(A).

    10 17 CFR 240.19b-4(f)(2).

    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-LCH SA-2017-008 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-LCH SA-2017-008. 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 LCH SA and on LCH SA's Web site at http://www.lch.com/asset-classes/cdsclear.

    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-LCH SA-2017-008 and should be submitted on or before December 11, 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. 2017-25040 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82077; File No. SR-CHX-2016-20] Self-Regulatory Organizations; Chicago Stock Exchange, Inc.; Notice of Filing of Amendment No. 2 to Proposed Rule Change in Connection With the Proposed Transaction Involving CHX Holdings, Inc. and North America Casin Holdings, Inc. November 14, 2017.

    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Exchange Act”),1 and Rule 19b-4 thereunder,2 notice is hereby given that on November 6, 2017, the Chicago Stock Exchange, Inc. (“CHX” or “Exchange”) filed with the Securities and Exchange Commission (“SEC” or “Commission”) Amendment No. 2 to the proposed rule change as described in Item I below, which Item has been prepared by the Exchange and is reproduced below verbatim.

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    The proposed rule change was designed to effect an acquisition of CHX Holdings, Inc. by North America Casin Holdings, Inc., which would be owned by a consortium of investors (“upstream investors”). On August 9, 2017, the Division of Trading and Markets, for the Commission pursuant to delegated authority,3 approved the proposed rule change, as modified by Amendment No. 1.4 Pursuant to Commission Rule of Practice 431,5 the Commission is reviewing the delegated action, and the approval order is stayed.6 On August 18, 2017, the Commission issued a scheduling order, pursuant to Commission Rule of Practice 431, providing until September 17, 2017 for any party or other person to file any additional statements.7 On October 2, 2017, during the Commission's review of the delegated action, CHX informed the Commission that three of the upstream investors were withdrawing from the investor group. CHX subsequently filed Amendment No. 2 to the proposed rule change to update its proposal to reflect this change in the investor group. Because of this change and a number of other changes to the proposed transaction, as described below, including, among other things, a change to the North America Casin Holdings, Inc. Certificate of Incorporation that provides for an 85% super-majority vote requirement for certain corporate actions, revised put agreements for Raptor Holdco LLC and Saliba Ventures Holdings, LLC, and a new put agreement for Penserra Securities, LLC, the Commission is publishing this notice to solicit comments on the proposed rule change, as amended, from interested persons.

    3 17 CFR 200.30 3(a)(12).

    4See Exchange Act Release No. 81366, 82 FR 38734 (August 15, 2017).

    5 17 CFR 201.431.

    6See Letter from Secretary of the Commission to Albert (A.J.) Kim, VP and Associate General Counsel, Chicago Stock Exchange, Inc., dated August 9, 2017 (providing notice of Commission review of delegated action and stay of order), available at https://www.sec.gov/rules/sro/chx/2017/34-81366-letter-from-secretary.pdf.

    7See Exchange Act Release No. 81435, 82 FR 40187 (August 24, 2017).

    I. Amendment No. 2 to SR-CHX-2016-20

    The Chicago Stock Exchange, Inc. is filing this Partial Amendment no. 2 to SR-CHX-2016-20, a proposed rule change related to a proposed transaction (“Proposed Transaction”) involving, among others, the Exchange's direct parent company, CHX Holdings, Inc. (“CHX Holdings”), and North America Casin Holdings, Inc. (“NA Casin Holdings”), which was originally filed on December 2, 2016 (“Initial Filing”) and modified by Partial Amendment No. 1 on August 7, 2017. The proposed rule change was published for comment in the Federal Register on December 12, 2016.8 The U.S. Securities and Exchange Commission then received seven comment letters,9 including two response letters from the Exchange.10 On January 12, 2017, the Commission instituted proceedings to determine whether to approve or disapprove the proposed rule change,11 pursuant to Section 19(b)(2) of the Securities Exchange Act of 1934 (“Exchange Act”).12 On June 6, 2017, the Commission designated a longer period for Commission action on the proceedings,13 pursuant to Section 19(b)(2) of the Exchange Act.14 During the proceedings, the Commission received 25 comment letters,15 including two response letters from the Exchange.16 On August 7, 2017, the Exchange filed Partial Amendment No. 1 to the Initial Filing.17 On August 9, 2017, the Commission approved, pursuant to delegated authority by Commission staff, the Initial Filing, as modified by Partial Amendment No. 1.18 On the same day, the Commission stayed the Approval Order and instituted a review of the delegated action.19 On August 18, 2017, the Commission issued an order scheduling filing of statements on its review of the delegated action.20 After the Commission stayed the Approval Order, the Commission received 43 comment letters,21 including two response letters from the Exchange.22

    8See Exchange Act Release No. 79474 (December 6, 2016), 81 FR 89543 (December 12, 2016) (SR-CHX-2016-20) (“Notice”).

    9 All comment letters on the Initial Filing may be found at https://www.sec.gov/comments/sr-chx-2016-20/chx201620.shtml.

    10See Letter to Brent J. Fields, Secretary, Commission, from John K. Kerin, President and CEO, CHX (January 5, 2017) (“First CHX Letter”); see also Letter to Brent J. Fields, Secretary, Commission, from Albert J. Kim, Vice President and Associate General Counsel, CHX (January 6, 2017) (“Second CHX Letter”).

    11See Exchange Act Release No. 79781 (January 12, 2017), 82 FR 6669 (January 19, 2017).

    12 15 U.S.C. 78s(b)(2).

    13See Exchange Act Release No. 80864 (June 6, 2017), 82 FR 26966 (June 12, 2017).

    14 15 U.S.C. 78s(b)(2).

    15See supra note 9.

    16See Letter to Brent J. Fields, Secretary, Commission, from John K. Kerin, President and CEO, CHX (March 6, 2017) (“Third CHX Letter”); see also Letter to Brent J. Fields, Secretary, Commission, from Albert J. Kim, Vice President and Associate General Counsel, CHX (August 8, 2017) (“Fourth CHX Letter”).

    17See Exchange Act Release No. 81366 (August 9, 2017), 82 FR 38734 (August 15, 2017) (“Approval Order”); see also generally Fourth CHX Letter, supra note 16.

    18See generally Approval Order, supra note 17.

    19See Letter to Albert J. Kim, Vice President and Associate General Counsel, CHX, from Brent J. Fields, Secretary, Commission (August 9, 2017).

    20See Exchange Act Release No. 81435 (August 18, 2017), 82 FR 40187 (August 24, 2017).

    21See supra note 9.

    22See Letter to Brent J. Fields, Secretary, Commission, from John K. Kerin, President and CEO, CHX (August 25, 2017) (“Fifth CHX Letter”); see also Letter to Brent J. Fields, Secretary, Commission, from James G. Ongena, Executive Vice President and General Counsel, CHX (October 1, 2017) (“Sixth CHX Letter”).

    The Exchange now submits this Partial Amendment No. 2 to amend the Initial Filing, as modified by Partial Amendment No. 1, as described below.

    Updated NACH Capitalization Table

    In the Initial Filing,23 as modified by Partial Amendment No. 1,24 the Exchange stated that upon the Closing 25 of the Proposed Transaction, CHX Holdings will become a wholly-owned direct subsidiary of NA Casin Holdings, which will, in turn, be owned by the following Indirect Upstream Owners in the following percentages:

    23See Notice, supra note 8, at 89544-89545.

    24See Approval Order, supra note 17, at n. 10.

    25 Unless otherwise specified, capitalized terms used in this rule filing are defined as set forth herein, the Initial Filing or Partial Amendment No. 1.

    Non-U.S. Indirect Upstream Owners:

    • NA Casin Group, a corporation wholly-owned by Chongqing Casin—20% • Chongqing Jintian Industrial Co., Ltd. (“Chongqing Jintian”)—15% • Chongqing Longshang Decoration Co., Ltd. (“Chongqing Longshang”)—14.50%.

    U.S. Indirect Upstream Owners:

    • Castle YAC Enterprises, LLC (“Castle YAC”)—19% • Raptor Holdco LLC (“Raptor”)—11.75% • Saliba Ventures Holdings, LLC (“Saliba”)—11.75% • Xian Tong Enterprises, Inc. (“Xian Tong”)—6.94% • Equity Incentive Shares to five members of the CHX Holdings management team—0.88% • Penserra Securities, LLC (`Penserra')—0.18%.

    Furthermore, the Exchange also stated the following: 26

    26See Notice, supra note 8, at 89545.

    • The only Related Persons 27 among the Indirect Upstream Owners are Castle YAC and NA Casin Group.

    27 Mr. Jay Lu, the sole member of Castle YAC, is associated with an affiliate of Chongqing Casin and is also the son of Mr. Shengju Lu, the Chairman of Chongqing Casin.

    • There are no other Related Persons among the Indirect Upstream Owners.

    • None of the Indirect Upstream Owners directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a governmental entity or any political subdivision thereof.

    Since the Approval Order was stayed on August 9, 2017, three of the prospective Indirect Upstream Owners (i.e., Chongqing Jintian, Chongqing Longshang and Xian Tong) have withdrawn from the NACH investor group. Consequently, NA Casin Holdings reorganized the NACH capitalization table to reallocate the shares formerly attributed to Chongqing Jintian, Chongqing Longshang and Xian Tong among the remaining Indirect Upstream Owners. As such, upon the Closing, all of the outstanding and issued shares of NA Casin Holdings will be held by the following Indirect Upstream Owners (by Related Persons) in the following percentages:

    Indirect upstream owners NA Casin
  • holdings
  • ownership
  • percentages
  • NA Casin Group (29%) and Castle YAC (11%) 40 Raptor 25 Saliba 24.5 Five Members of the CHX Holdings management 28 8.32 Penserra 2.18

    The Exchange submits that the modified NACH capitalization table complies with the proposed Ownership and Voting Limitation.29 Specifically, no Indirect Upstream Owner and its Related Persons will exceed the proposed 40% Concentration Limitation. Moreover, no Indirect Upstream Owner and its Related Persons will be permitted to vote in excess of the proposed 20% Voting Limitation.

    28 Prior to the Closing, the five members of the CHX Holdings management will enter into a voting agreement which will require that, among other things, the five members vote as a block, thereby rendering the members Related Persons.

    29See Notice, supra note 8, at 89552-89554.

    The Exchange notes that the modified NACH capitalization table provides that 71% of the voting shares of NA Casin Holdings will be owned by U.S. citizens and, due to the proposed Voting Limitations,30 no less than 80% of the voting power of NA Casin Holdings will be held by U.S. citizens. In addition, none of the Indirect Upstream Owners directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a governmental entity or any political subdivision thereof.

    30See id.

    Attached to the Partial Amendment No. 1 were Investor Certificates and Investor Statements for all of the then current Indirect Upstream Owners.31 In the event the Commission were to lift the stay of the Approval Order or otherwise permit the Closing of the Proposed Transaction, the Exchange will provide the Commission, prior to the Closing of the Proposed Transaction, updated Investor Certificates and Investor Statements that will reflect changes to the proposed NACH investor group described herein.

    31See generally Fourth CHX Letter, supra note 16.

    Other Amendments

    This Partial Amendment No. 2 also effects the following changes:

    • Amends the proposed NA Casin Certificate to:

    • require a super-majority vote requirement for certain corporate actions, as described under Article IX; • reflect a recent name change of the registered agent from “National Corporate Research” to “Cogency Global, Inc.” under Article II; and • modify the term expiration years of the three classes of directors under Section (6) of Article V given that the next annual meeting of the stockholders will be held in 2018.

    • Amends the Raptor and Saliba Put Agreements to reflect the increased ownership levels for Raptor and Saliba described above and other changes that would not render the parties to the agreements Related Persons.32

    32See Notice, supra note 8, at 89545.

    • Provide a new put agreement for Penserra (new Exhibit 5L), which is substantively similar to the Raptor and Saliba Put Agreements.

    • Other non-substantive amendments.

    As such, the Exchange amends the Initial Filing, as modified by Partial Amendment No. 1, as follows:

    1. Amend pages 3 through 5 of the Initial Filing (pages 64 and 65 of the Exhibit 1):

    Replace the second paragraph on page 3 that carries over to pages 4 and 5 (second paragraph on page 64 that carries over to page 65 of the Exhibit 1) with the following text, while retaining footnotes 5 through 9:

    The text of the proposed Third Amended and Restated Certificate of Incorporation of CHX Holdings (“CHX Holdings Certificate”) is attached as Exhibit 5A.5 The text of the proposed amended Bylaws of CHX Holdings (“CHX Holdings Bylaws”) 6 is attached as Exhibit 5B.7 The text of the proposed Amended and Restated Certificate of Incorporation for CHX (“CHX Certificate”) is attached as Exhibit 5C.8 The text of the proposed amended Bylaws of the CHX (“CHX Bylaws”) is attached as Exhibit 5D.9 The text of the proposed amendments to the Rules of the CHX (“CHX Rules”) is attached as Exhibit 5E. The text of the proposed Amended and Restated Certificate of Incorporation of NA Casin Holdings (“NA Casin Holdings Certificate”) is attached as Exhibit 5F. The text of the proposed Amended and Restated Bylaws of NA Casin Holdings (“NA Casin Holdings Bylaws”) is attached as Exhibit 5G. The text of a resolution of the Board of Directors of CHX Holdings dated November 22, 2016 to waive certain ownership and voting limitations to permit the Transaction (“Resolutions”) is attached as Exhibit 5H. The text of the Stockholders' Agreement of NA Casin Holdings (“NACH Stockholders' Agreement”) is herein attached as Exhibit 5I. The text of the Second Amended and Restated Put Agreement by and among North America Casin Group, Inc. (“NA Casin Group”), NA Casin Holdings, and Saliba Ventures Holdings, LLC (“Saliba”) (“Saliba Put Agreement”) is herein attached as Exhibit 5J. The text of the Second Amended and Restated Put Agreement by and among NA Casin Group, NA Casin Holdings, and Raptor Holdco LLC (“Raptor”) (“Raptor Put Agreement”) is herein attached as Exhibit 5K. The text of the Put Agreement by and among NA Casin Group, NA Casin Holdings, and Penserra Securities, LLC (“Penserra”) (“Penserra Put Agreement”) is herein attached as Exhibit 5L.

    2. Amend page 7 of the Initial Filing (pages 67 and 68 of the Exhibit 1):

    Replace the first sentence of the first paragraph on page 7 (first sentence of the third full paragraph on page 67 that carries over to page 68 of the Exhibit 1) with the following text, while retaining footnote 13:

    Pursuant to the terms of a Merger Agreement dated February 4, 2016, as amended on February 3, 2017 and August 29, 2017 (“Merger Agreement”), by and among NA Casin Holdings, Merger Sub, Chongqing Casin Enterprise Group Co., LTD. (“Chongqing Casin”), a limited company organized under the laws of the People's Republic of China (“PRC”), Richard G. Pane solely in his capacity as the Stockholders Representative thereunder, and CHX Holdings, Merger Sub will merge into CHX Holdings,13 which will then become a wholly-owned direct subsidiary of NA Casin Holdings.

    3. Amend pages 8 through 10 of the Initial Filing (pages 69 through 71 of the Exhibit 1):

    Replace all text starting with the first bullet on page 8 through the first paragraph on page 10 (first bullet on page 69 through the first paragraph that begins on page 70 that carries over the page 71 of the Exhibit 1) with the following text, while retaining footnotes 16 through 20:

    Non-U.S. Indirect Upstream Owners:

    • NA Casin Group, a corporation incorporated under the laws of the State of Delaware and wholly-owned by Chongqing Casin—29%

    U.S. Indirect Upstream Owners:

    • Raptor, a limited liability company organized under the laws of the State of Delaware—25% • Saliba, a limited liability company organized under the laws of the State of Illinois—24.5% • Castle YAC Enterprises, LLC (“Castle YAC”), a limited liability company organized under the laws of the State of New York, the sole member of which is Mr. Jay Lu, a U.S. citizen and Vice President of NA Casin Group—11% • Five members of the CHX Holdings management (“CHX Holdings Management”), all U.S. citizens—collectively 8.32%, with no one person attributed more than 5% • Penserra, a corporation incorporated under the laws of the State of Illinois—2.18%

    The Exchange submits the following regarding the Indirect Upstream Owners: 16

    • The only Related Persons 17 among the Indirect Upstream Owners are as follows:

    • Castle YAC and NA Casin Group.18 • The five members of CHX Holdings Management due to a voting agreement requiring the members to vote as a block, which will be executed prior to the Closing.

    • There are no other Related Persons among the Indirect Upstream Owners.

    • None of the Indirect Upstream Owners directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, a governmental entity or any political subdivision thereof.

    As Related Persons, NA Casin Group and Castle YAC would own a combined 40% voting interest in NA Casin Holdings, which is within the proposed 40% Concentration Limitation of NA Casin Holdings and CHX Holdings described below.19 Also, the CHX Holdings Management would own a combined 8.32% voting interest in NA Casin Holdings, which is within the proposed Concentration Limitations described below. However, NA Casin Group and Castle YAC will not be permitted to exercise their collective voting interest in excess of the proposed 20% Voting Limitations of NA Casin Holdings and CHX Holdings described below.20 Also, for so long as the voting agreement among the members of the CHX Management Team is in effect, the CHX Holdings Management would be considered Related Persons and would not be permitted to exercise their collective voting interest in excess of the proposed 20% Voting Limitations.

    4. Amend pages 11 and 12 of the Initial Filing (pages 72 and 73 of the Exhibit 1):

    Replace the first paragraph that begins on page 11 that carries over to page 12 (the first paragraph that begins on page 72 that carries over to page 73 of the Exhibit 1) with the following text, while retaining footnotes 24 and 25:

    The Exchange further notes that execution of the Saliba Put Agreement, the Raptor Put Agreement or the Penserra Put Agreement would not result in any Indirect Upstream Owners becoming Related Persons for the purposes of compliance with the proposed Ownership and Voting Limitations. Specifically, the Saliba Put Agreement grants Saliba a put option (“Saliba Put Option”) that, if exercised by Saliba, would compel NA Casin Holdings (and not another Indirect Upstream Owner) to purchase, or arrange for an unspecified third-party to purchase, a specified amount of Saliba's equity interest in NA Casin Holdings. Similarly, the Raptor Put Agreement grants Raptor a put option (“Raptor Put Option”) that, if exercised by Raptor, would compel NA Casin Holdings (and not another Indirect Upstream Owner) to purchase, or arrange for an unspecified third-party to purchase, a specified amount of Raptor's equity interest in NA Casin Holdings. Also, the Penserra Put Agreement grants Penserra a put option (“Penserra Put Option”) that, if exercised by Penserra, would compel NA Casin Holdings (and not another Indirect Upstream Owner) to purchase, or arrange for an unspecified third-party to purchase, a specified amount of Penserra's equity interest in NA Casin Holdings. Accordingly, the Exchange submits that execution of the Saliba Put Agreement, the Raptor Put Agreement or the Penserra Put Agreement would not result in the parties to each of the agreements becoming Related Persons for the purposes of compliance with the proposed Ownership and Voting Limitations.24 The Exchange also notes that the exercise of the put options under the Saliba Put Agreement, the Raptor Put Agreement or the Penserra Put Agreement would be subject to, among other things, compliance with the proposed Ownership and Voting Limitations.25

    Also, replace all text under footnote 25 on page 12 (page 73 of the Exhibit 1) with the following:

    See Section 3(c) of the Saliba Put Agreement; see also Section 3(c) of the Raptor Put Agreement.; see also Section 3(c) of the Penserra Put Agreement.

    5. Amend page 24 of the Initial Filing (page 86 of the Exhibit 1):

    Within the first paragraph following the bullet, in the sentence immediately following footnote 74 (first sentence on page 86 of the Exhibit 1), replace the number “13” with the number “10.”

    6. Amend page 31 of the Initial Filing (page 92 of the Exhibit 1):

    Within the first full sentence (second sentence within the first paragraph beginning on page 92 of the Exhibit 1), replace the number “13” with the number “10.”

    7. Amend page 45 of the Initial Filing (page 107 of the Exhibit 1):

    Under footnote 102, replace reference to “NA Casin Bylaws” with “NA Casin Holdings Bylaws.”

    8. Amend page 52 of the Initial Filing (page 114 of the Exhibit 1):

    Immediate above the subtitle “Statutory Basis,” insert the following new text:

    Super-Majority Vote Requirement

    Sections (2)-(3) of Article VIII of the proposed NA Casin Holdings Certificate provides for a super-majority vote requirement for certain corporate actions. Specifically, Section (2) provides that in addition to any affirmative vote required by applicable law or this Certificate of Incorporation: (a) Any merger or consolidation of the Corporation or any Subsidiary with any or any other corporation or other entity; (b) any sale, lease, exchange, mortgage, pledge, transfer or other disposition (in one transaction or a series of transactions) to or with any other corporation or other entity, of all or substantially all of the assets of the Corporation or any Subsidiary; (c) the issuance or transfer by the Corporation or any Subsidiary (in one transaction or a series of transactions) of any securities of the Corporation or any Subsidiary that would result in: (i) Any an individual, corporation, partnership, joint venture, limited liability company, governmental or regulatory body, unincorporated organization, trust, association or other entity (each a “Person”) owning a majority of the shares of Common Stock of the Corporation, or (ii) any Person other than a Subsidiary or the Corporation, owning a majority of the shares of voting stock of any Subsidiary; (d) the adoption of any plan or proposal for the liquidation or dissolution of the Corporation that is not the result of a transaction contemplated by Sections 2(a), 2(b) or 2(c) of this Article VIII; (e) any reclassification of securities (including any reverse stock split), recapitalization of the Corporation or any merger or consolidation of the Corporation with any of its Subsidiaries or any other transaction which has the effect, directly or indirectly, of increasing the proportionate share of the outstanding shares of any class of equity or convertible securities of the Corporation or any Subsidiary which are directly or indirectly owned by any Person with the result that such Person becomes the holder of a majority of the shares of Common Stock of the Corporation; or (f) any agreement, contract or other arrangement providing for any one or more of the actions specified in the foregoing (a) to (e); shall require, except as otherwise prohibited by applicable law, the affirmative vote of the holders of at least 85% of the then outstanding voting shares entitled to be cast on such matter. Moreover, such affirmative vote shall be required notwithstanding the fact that no vote may be required, or that a lesser percentage may be permitted, by applicable law. Section (3) provides that as used in this Article VIII, “Subsidiary” means any corporation or other Person of which securities or other ownership interests having ordinary voting power to elect a majority of the board of directors or other persons performing similar functions are at any time directly or indirectly owned by the Corporation.

    The proposed super-majority vote requirement is designed to ensure that any significant change to the assets or ownership of NA Casin Holdings or subsidiaries, including the Exchange, be agreed upon by a super-majority of the Indirect Upstream Owners. As a result, this will serve to protect the investments of the Indirect Upstream Owners, as well as to ensure that the Exchange's ownership and assets remain reliable and stable, which further enables the Exchange to meet its self-regulatory obligations. The Exchange notes that the super-majority vote requirement would apply to all NACH stockholders equally and, as such, no one stockholder's voting power would be enhanced or diminished relative to the other stockholders by the requirement.

    9. Amend page 53 of the Initial Filing (page 116 of the Exhibit 1):

    Replace the last sentence within the first full paragraph (first full sentence on page 116 of the Exhibit 1) with the following text, while retaining footnote 108:

    Specifically, the Exchange submits that the CHX Rules, the relevant governing documents of CHX and its upstream affiliates, CHX Holdings and NA Casin Holdings, the NACH Stockholders' Agreement, the Saliba Put Agreement, the Raptor Put Agreement and the Penserra Put Agreement, as proposed to be adopted or amended, to permit the Transaction, are consistent with Section 6(b) of the Act,108 in general and 6(b)(5), in particular.

    10. Amend page 55 of the Initial Filing (page 118 of the Exhibit 1):

    Immediately after the first full paragraph (immediately after the first paragraph on page 118 that carries over from page 117 of the Exhibit 1), insert the following text:

    Moreover, the proposed super-majority vote requirement under Section (2) of Article IX of the proposed NA Casin Holdings Certificate is designed to ensure that any significant change to the assets or ownership of NA Casin Holdings or subsidiaries, including the Exchange, be agreed upon by a super-majority of the Indirect Upstream Owners. This will serve to ensure that the Exchange's ownership and assets remain reliable and stable, which further enables the Exchange to meet its self-regulatory obligations under Section 6 of the Act.

    11. Amend page 57 of the Initial Filing (page 120 of the Exhibit 1):

    Replace the first sentence of the first paragraph that begins on page 57 (the first sentence of the first full paragraph on page 120 of the Exhibit 1) with the following text:

    In addition, the proposed NACH Stockholders' Agreement, Saliba Put Agreement, Raptor Put Agreement and Penserra Put Agreement includes provisions that provide reasonable financial protections to the Indirect Upstream Owners so as to facilitate consummation of the Transaction without violating the proposed Ownership and Voting Limitations.

    12. Amend page 62 of the Initial Filing:

    Immediately below the text “Exhibit 5K: Text of Proposed Raptor Put Agreement,” insert the following:

    Exhibit 5L: Text of Proposed Penserra Put Agreement

    II. Solicitation of Comments

    Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change, as amended, is consistent with the Exchange 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-CHX-2016-20 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-CHX-2016-20. This file number should be included on the subject line if email is used. To help the Commission process and review your comments more efficiently, please use only one method. The Commission will post all comments on the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all written statements with respect to the proposed rule change that are filed with the Commission, and all written communications relating to the proposed rule change between the Commission and any person, other than those that may be withheld from the public in accordance with the provisions of 5 U.S.C. 552, will be available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549 on official business days between the hours of 10:00 a.m. and 3:00 p.m. Copies of such filing also will be available for inspection and copying at the principal offices 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-CHX-2016-20, and should be submitted on or before December 5, 2017. Any person who wishes to file a rebuttal to any other person's submission must file that rebuttal by December 15, 2017.

    By the Commission.

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-25030 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82075; File No. SR-BX-2017-050] Self-Regulatory Organizations; Nasdaq BX, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend the Exchange's Transaction Fees at Rule 7018 To Change the Amounts of Certain Credits for Entering Orders That Access Liquidity in the Exchange's Equities System November 14, 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 November 1, 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 the Exchange's transaction fees at Rule 7018 to change the amounts of certain credits for entering orders that access liquidity in the Exchange's Equities System.

    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 purposes of the proposed rule changes are to amend the Exchange's transaction fees at Rule 7018 to: (1) increase from $0.0016 to $0.0017 its per share executed credit for orders that access liquidity (excluding orders with Midpoint pegging and excluding orders that receive price improvement and execute against an order with a Non-displayed price) entered by members that accesses liquidity equal to or exceeding 0.10% of total Consolidated Volume during a month; and (2) reduce its credit for entering an order that accesses liquidity in the Exchange's Equities System for “all other orders,” i.e., orders that do not qualify for other available credits for removing liquidity.

    The Exchange operates on the “taker-maker” model, whereby it pays credits to members that take liquidity and charges fees to members that provide liquidity. Currently, the Exchange offers five different credits for orders that access liquidity on the Exchange. First, the Exchange pays a credit of $0.0016 per share executed for an order that accesses liquidity (excluding orders with Midpoint pegging and excluding orders that receive price improvement and execute against an order with a Non-displayed price) entered by a member that accesses liquidity equal to or exceeding 0.10% of total Consolidated Volume during a month. Second, the Exchange pays a credit of $0.0015 per share executed to an order that accesses liquidity (excluding orders with Midpoint pegging and excluding orders that receive price improvement and execute against an order with a Non-displayed price) entered by a member that accesses liquidity equal to or exceeding 0.05% of total Consolidated Volume during [sic] month. Third, the Exchange pays a credit of $0.0000 per share executed for an order that receives price improvement and executes against an order with a Non-displayed price. Fourth, the Exchange pays a credit of $0.0000 per share executed for an order with Midpoint pegging that removes liquidity. Finally, the Exchange pays a credit of $0.0003 per share executed for “all other orders.”

    The Exchange now proposes to increase from $0.0016 to $0.0017 its (per share executed) credit for orders that access liquidity (excluding orders with Midpoint pegging and excluding orders that receive price improvement and execute against an order with a Non-displayed price) entered by members that accesses [sic] liquidity equal to or exceeding 0.10% of total Consolidated Volume during a month. The Exchange also proposes to reduce the credit for “all other orders” from $0.0003 per share executed to $0.0001 per share executed. All of the other credits and charges will remain the same.

    The Exchange is proposing the first of these changes to provide a greater incentive to member firms to remove liquidity from the Exchange.

    The Exchange is proposing the second of these changes because it believes that a $0.0001 credit is more closely aligned to the requirements necessary to qualify for that credit and the behavior that the credit is designed to incentivize. The Exchange notes that, unlike other credits the Exchange offers for accessing liquidity, a member does not have to meet any volume requirements in order to qualify for this credit. In contrast, the Exchange pays a credit of $0.0000 per share executed for an order that receives price improvement and executes against an order with a Non-displayed price, and for an order with Midpoint pegging that removes liquidity. In comparison to these other credits and their attendant requirements, and given that the Exchange is limited in the amount of credits that it provides to members, the Exchange believes the new credit amount is appropriate.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,3 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,4 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    3 15 U.S.C. 78f(b).

    4 15 U.S.C. 78f(b)(4) and (5).

    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.” 5

    5 Securities Exchange Act Release No. 51808 (June 9, 2005), 70 FR 37496, 37499 (June 29, 2005) (“Regulation NMS Adopting Release”).

    Likewise, in NetCoalition v. Securities and Exchange Commission6 (“NetCoalition”) the D.C. Circuit upheld the Commission's use of a market-based approach in evaluating the fairness of market data fees against a challenge claiming that Congress mandated a cost-based approach.7 As the court emphasized, the Commission “intended in Regulation NMS that `market forces, rather than regulatory requirements' play a role in determining the market data . . . to be made available to investors and at what cost.” 8

    6NetCoalition v. SEC, 615 F.3d 525 (D.C. Cir. 2010).

    7See NetCoalition, at 534—535.

    8Id. at 537.

    Further, “[n]o one disputes that competition for order flow is `fierce.' . . . As the SEC explained, `[i]n the U.S. national market system, buyers and sellers of securities, and the broker-dealers that act as their order-routing agents, have a wide range of choices of where to route orders for execution'; [and] `no exchange can afford to take its market share percentages for granted' because `no exchange possesses a monopoly, regulatory or otherwise, in the execution of order flow from broker dealers'. . . .” 9 Although the court and the SEC were discussing the cash equities markets, the Exchange believes that these views apply with equal force to the options markets.

    9Id. at 539 (quoting Securities Exchange Act Release No. 59039 (December 2, 2008), 73 FR 74770, 74782-83 (December 9, 2008) (SR-NYSEArca-2006-21)).

    The Exchange believes that it is reasonable to increase from $0.0016 to $0.0017 its (per share executed) credit for orders that access liquidity (excluding orders with Midpoint pegging and excluding orders that receive price improvement and execute against an order with Midpoint pegging [sic]) entered by members that access liquidity equal to or exceeding 0.10% of total Consolidated Volume during a month. The Exchange must, from time to time, assess the effectiveness of its credits in achieving their intended objectives and adjust the levels of such credits based on the Exchange's observations of market participant behavior. In this instance, the Exchange determined that the level of the credit should be increased to provide a stronger incentive to market participants to improve the market. The Exchange believes that the proposed credit increase is equitable and is not unfairly discriminatory it [sic] will apply to all member firms that achieve the minimum level of Consolidated Volume required by the tier.

    The Exchange believes that reducing the credit for “all other orders” from $0.0003 to $0.0001 is reasonable because the amount of the new credit is more closely aligned to the requirements necessary to qualify for the credit and the behavior that it is designed to incentivize, especially given that the Exchange is limited in the amount of credits that it provides to members. Unlike other credits the Exchange offers for accessing liquidity, a member does not have to meet any volume requirements in order to qualify for this credit. While the Exchange does presently pay credits of $0.0015 and $0.0016 per share executed for accessing liquidity, a member must also meet also meet [sic] a volume threshold of accessing liquidity equal to or exceeding 0.05% or 0.10% of total Consolidated Volume during a month, respectively. In contrast, the Exchange pays a credit of $0.0000 for an order that receives price improvement and executes against an order with a Non-displayed price, and for an order with Midpoint pegging that removes liquidity. The Exchange believes that the new credit amount is more closely aligned to the requirements for qualifying for that credit, especially in comparison to the other credits offered by the Exchange and their attendant requirements.

    The Exchange believes that the second proposed change is equitably allocated among members, and is not designed to permit unfair discrimination. BX notes that participation on the Exchange, and eligibility for this credit, is voluntary, and that the Exchange continues to offer other credits for which members may attempt to qualify instead of the proposed credit. Additionally, the proposed change to the credit amount applies to all members that otherwise qualify for the credit.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In terms of inter-market competition, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable.

    In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited.

    In this instance, the changes to credits do not impose a burden on competition because participation in the Exchange is optional and is the subject of competition from other exchanges. The proposed changes to the credits are reflective of the Exchange's overall efforts to provide greater incentives to market participants in the form of credits for market participation it believes needs improvement to the benefit of all participants. For these reasons, the Exchange does not believe that any of the proposed changes will impair the ability of members or competing order execution venues to maintain their competitive standing in the financial markets. Moreover, because there are numerous competitive alternatives to the use of the Exchange, it is likely that BX will lose market share as a result of the changes if they are unattractive to market participants.

    Accordingly, BX does not believe that the proposed rule changes will impair the ability of members or competing order execution venues to maintain their competitive standing in the financial markets.

    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-2017-050 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-BX-2017-050. 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-2017-050 and should be submitted on or before December 11, 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. 2017-25039 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82078; SR-BatsBZX-2017-56] Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Withdrawal of a Proposed Rule Change To List and Trade Shares of Specified Series of the Innovator Shield Strategy S&P 500 Monthly Index Series and Innovator Ultra Shield Strategy S&P 500 Monthly Index Series Under Rule 14.11(c)(3) November 14, 2017.

    On August 22, 2017, Bats BZX Exchange, 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 specified series of the Innovator Shield Strategy S&P 500 Monthly Index Series and Innovator Ultra Shield Strategy S&P 500 Monthly Index Series under BZX Rule 14.11(c)(3). The proposed rule change was published for comment in the Federal Register on September 5, 2017.3 The Commission received no comments on the proposed rule change. On October 18, 2017, the Commission extended the time period within which to approve the proposed rule change, disapprove the proposed rule change, or institute proceedings to determine whether to approve or disapprove the proposed rule change to December 4, 2017.4

    1 15 U.S.C. 78s(b)(1).

    2 17 CFR 240.19b-4.

    3See Securities Exchange Act Release No. 81495 (August 29, 2017), 82 FR 42003.

    4See Securities Exchange Act Release No. 81895, 82 FR 49252 (October 24, 2017).

    On November 8, 2017, the Exchange withdrew the proposed rule change (SR-BatsBZX-2017-56).

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.5

    5 17 CFR 200.30-3(a)(57).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-25041 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    SECURITIES AND EXCHANGE COMMISSION [Release No. 34-82074; File No. SR-Phlx-2017-90] Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Section VIII of the Nasdaq PHLX LLC Pricing Schedule November 14, 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 November 1, 2017, Nasdaq PHLX LLC (“Phlx” or “Exchange”) filed with the Securities and Exchange Commission (“Commission”) the proposed rule change as described in Items I, II, and III, below, which Items have been prepared by the Exchange. The 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 Section VIII (Nasdaq PSX Fees) of the Exchange's Pricing Schedule to decrease both the amount of and the Consolidated Volume necessary to qualify for the credit that the Exchange pays to member organizations for displayed quotes and orders that provide liquidity throughout the Nasdaq PSX System.

    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 purpose of the proposed rule change is to amend Chapter VIII of the Exchange's Pricing Schedule to decrease both the amount of and the Consolidated Volume necessary to qualify for the credit that the Exchange pays to member organizations for displayed quotes and orders that provide liquidity throughout the Nasdaq PSX System. Presently, the Exchange provides a credit of $0.0031 per share executed for Quotes/Orders entered by a member organization that provides and accesses 0.25% or more of Consolidated Volume during the month. The Exchange is proposing to decrease the amount of this credit from $0.0031 to $0.0030 while also decreasing the level of monthly Consolidated Volume that is required of a member organization to qualify for the credit from 0.25% to 0.20%.

    2. Statutory Basis

    The Exchange believes that its proposal is consistent with Section 6(b) of the Act,3 in general, and furthers the objectives of Sections 6(b)(4) and 6(b)(5) of the Act,4 in particular, in that it provides for the equitable allocation of reasonable dues, fees and other charges among members and issuers and other persons using any facility, and is not designed to permit unfair discrimination between customers, issuers, brokers, or dealers.

    3 15 U.S.C. 78f(b).

    4 15 U.S.C. 78f(b)(4) and (5).

    The Exchange believes that the proposed $0.0030 per share executed credit provided to a member organization for displayed quotes and orders remains competitive with the fees of other exchanges. For example, Rule 7018(a)(1) of the Rules of The Nasdaq Stock Market provide for a credit of up to $0.00305 per share executed for displayed quotes and orders. Moreover, the effect of the proposed decrease in this credit is offset, in part, by a corresponding decrease in the Consolidated Volume threshold that is applicable to the credit. The net effect of the changes, in other words, will be to increase the universe of member organizations that qualify for the credit while decreasing the size of the credit.

    Meanwhile, the Exchange believes that the proposed changes are an equitable allocation and are not unfairly discriminatory because they will apply to all member organizations, any of which may provide the level of Consolidated Volume required to qualify for the credit.

    B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act. In terms of inter-market competition, the Exchange notes that it operates in a highly competitive market in which market participants can readily favor competing venues if they deem fee levels at a particular venue to be excessive, or rebate opportunities available at other venues to be more favorable. In such an environment, the Exchange must continually adjust its fees to remain competitive with other exchanges and with alternative trading systems that have been exempted from compliance with the statutory standards applicable to exchanges. Because competitors are free to modify their own fees in response, and because market participants may readily adjust their order routing practices, the Exchange believes that the degree to which fee changes in this market may impose any burden on competition is extremely limited.

    In this instance, the proposed changes to the credits available to member organizations for displayed quotes and orders do not impose a burden on competition because the Exchange's execution services are completely voluntary and subject to extensive competition both from other exchanges and from off-exchange venues. The Exchange has determined that the existing credit level and corresponding Consolidated Volume threshold has not achieved the desired participation on the Exchange. Consequently, the Exchange is decreasing to 0.20% the Consolidated Volume threshold required to receive the credit while also decreasing the amount of the credit from $0.0031 to $0.0030 per share executed credit [sic]. In sum, the Exchange intends to make it easier for member organizations to receive a credit in an effort to increase participation on the Exchange.

    If the changes proposed herein are unattractive to market participants, it is likely that the Exchange will lose market share as a result. The Exchange notes that competing order execution venues are free to increase their credits, or decrease qualification criteria required to receive credits, in reaction to the proposed changes. Accordingly, the Exchange does not believe that the proposed changes will impair the ability of members or competing order execution venues to maintain their competitive standing in the financial markets.

    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.5

    5 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-2017-90 on the subject line.

    Paper Comments

    • Send paper comments in triplicate to Brent J. Fields, Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number SR-Phlx-2017-90. 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-2017-90 and should be submitted on or before December 11, 2017.

    For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.6

    6 17 CFR 200.30-3(a)(12).

    Eduardo A. Aleman, Assistant Secretary.
    [FR Doc. 2017-25038 Filed 11-17-17; 8:45 am] BILLING CODE 8011-01-P
    DEPARTMENT OF STATE [Public Notice: 10207] Defense Trade Advisory Group; Notice of Open Meeting

    Title: Defense Trade Advisory Group; Notice of Open Meeting.

    SUMMARY:

    The Defense Trade Advisory Group (DTAG) originally scheduled an open session on Thursday, December 7, 2017 (See Federal Register/Vol. 82, No. 212/November 3, 2017/Notices) however this session has been cancelled. The session has been rescheduled for February 1, 2018 from 1:00 p.m. until 5:00 p.m. at 1777 F Street NW., Washington, DC 20006. If you wish to attend this meeting, you must submit your registration for the February session even if you previously registered for the December session. Entry will begin at 12:30 p.m. The membership of this advisory committee consists of private sector defense trade representatives, appointed by the Assistant Secretary of State for Political-Military Affairs, who advise the Department on policies, regulations, and technical issues affecting defense trade. The purpose of the meeting will be to discuss current defense trade issues and topics for further study.

    The following agenda topics will be discussed and final reports presented: (1) One-Form electronic filing, review and discuss recommendations for making electronic filing more cost-effective and efficient for industry; (2) Identify key areas of concern with the proposed definition for defense services in 80 FR 31525 (June 3, 2015); (3) Review and provide feedback in accurately and effectively defining “manufacturing” and distinguishing it from other related activities like assembly, integration, installment and various services; and (4) Examine and discuss the current rules regarding the release of technical data to foreign dual-nationals and identify alternative options that sufficiently facilitate risk assessment and risk mitigation.

    Members of the public may attend this open session and will be permitted to participate in the discussion in accordance with the Chair's instructions. Members of the public may, if they wish, submit a brief statement to the committee in writing.

    As seating is limited to 125 persons, each member of the public or DTAG member that wishes to attend this plenary session should provide: his/her name and contact information such as email address and/or phone number and any request for reasonable accommodation to the DTAG Alternate Designated Federal Officer (DFO), Anthony Dearth, via email at [email protected] by COB Monday, January 22, 2018. If notified after this date, the Department might be unable to accommodate requests due to requirements at the meeting location. One of the following forms of valid photo identification will be required for admission to the meeting: U.S. driver's license, passport, U.S. Government ID or other valid photo ID.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Glennis Gross-Peyton, PM/DDTC, SA-1, 12th Floor, Directorate of Defense Trade Controls, Bureau of Political-Military Affairs, U.S. Department of State, Washington, DC 20522-0112; telephone (202) 663-2862; FAX (202) 261-8199; or email [email protected]

    Anthony Dearth, Alternate Designated Federal Officer, Defense Trade Advisory Group, Department of State.
    [FR Doc. 2017-25083 Filed 11-17-17; 8:45 am] BILLING CODE 4710-25-P
    DEPARTMENT OF STATE [Public Notice: 10187] Advisory Committee on Historical Diplomatic Documentation—Notice of Closed and Open Meetings for 2018

    The Advisory Committee on Historical Diplomatic Documentation will meet on March 5, June 4, September 10, and December 10, 2018, in open session to discuss unclassified matters concerning declassification and transfer of Department of State records to the National Archives and Records Administration and the status of the Foreign Relations series.

    The Committee will meet in open session from 11:00 a.m. until noon in SA-4D Conference Room, Department of State, 2300 E Street NW., Washington, DC 20372 (Potomac Navy Hill Annex), on all four dates. RSVP should be sent as directed below:

    • March 5, not later than February 28, 2018. Requests for reasonable accommodation should be made by February 20, 2018.

    • June 4, not later than May 30, 2018. Requests for reasonable accommodation should be made by May 21, 2018.

    • September 10, not later than September 5, 2018. Requests for reasonable accommodation should be made by August 27, 2018.

    • December 10, not later than December 5, 2018. Requests for reasonable accommodation should be made by November 26, 2018.

    Closed Sessions. The Committee's sessions in the afternoon of Monday, March 5, 2018; in the morning of Tuesday, March 6; in the afternoon of Monday, June 4, 2018; in the morning of Tuesday, June 5, 2018; in the afternoon of Monday, September 10, 2018; in the morning of Tuesday, September 11, 2018; in the afternoon of Monday, December 10, 2018; and in the morning of Tuesday, December 11, 2018, will be closed in accordance with Section 10(d) of the Federal Advisory Committee Act (Pub. L. 92-463). The agenda calls for discussions of agency declassification decisions concerning the Foreign Relations series and other declassification issues. These are matters properly classified and not subject to public disclosure under 5 U.S.C. 552b(c)(1) and the public interest requires that such activities be withheld from disclosure.

    RSVP Instructions. Prior notification and a valid government-issued photo ID (such as driver's license, passport, U.S. Government or military ID) are required for entrance into the Department of State building. Members of the public planning to attend the open meetings should RSVP, by the dates indicated above, to Julie Fort, Office of the Historian (202-955-0214). When responding, please provide date of birth, valid government-issued photo identification number and type (such as driver's license number/state, passport number/country, or U.S. Government ID number/agency or military ID number/branch), and relevant telephone numbers. If you cannot provide one of the specified forms of ID, please consult with Julie Fort for acceptable alternative forms of picture identification.

    Personal data is requested pursuant to Public Law 99-399 (Omnibus Diplomatic Security and Antiterrorism Act of 1986), as amended; Public Law 107-56 (USA PATRIOT Act); and Executive Order 13356. The purpose of the collection is to validate the identity of individuals who enter Department facilities. The data will be entered into the Visitor Access Control System (VACS-D) database. Please see the Security Records System of Records Notice (State-36) at https://www.state.gov/documents/organization/242611.pdf, for additional information.

    Questions concerning the meeting should be directed to Dr. Stephen P. Randolph, Executive Secretary, Advisory Committee on Historical Diplomatic Documentation, Department of State, Office of the Historian, Washington, DC 20372, telephone (202) 955-0215, (email [email protected]).

    Note that requests for reasonable accommodation received after the dates indicated in this notice will be considered, but might not be possible to fulfill.

    Julie L. Fort, Designated Federal Official, Advisory Committee on Historical Diplomatic Documentation.
    [FR Doc. 2017-25092 Filed 11-17-17; 8:45 am] BILLING CODE 4710-11-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2017-81] Petition for Exemption; Summary of Petition Received; Bell Helicopter Textron AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATES:

    Comments on this petition must identify the petition docket number and must be received on or before December 11, 2017.

    ADDRESSES:

    Send comments identified by docket number FAA-2017-0604 using any of the following methods:

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

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

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

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

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

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

    FOR FURTHER INFORMATION CONTACT:

    Jake Troutman (202) 683-7788, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 13, 2017. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption

    Docket No.: FAA-2017-0604.

    Petitioner: Bell Helicopter Textron.

    Section(s) of 14 CFR Affected: §§ 61.113(a) and (b), 91.121, 91.151(a), 91.119(c).

    Description of Relief Sought: The petitioner is seeking an exemption in conjunction with obtaining a Special Airworthiness Certificate (Experimental—Research and Development) for the Model AAPPT Unmanned Aircraft System (UAS), a powered-lift aircraft, for research and development purposes. The unmanned aerial vehicle (UAV) can be configured with wing extensions allowing for a heavier gross weight and correspondingly increased propulsion prop-rotor system for a maximum take-off weight of 500 pounds. Bell intends to operate in Class G airspace with an altitude envelope of not greater than 400 feet above ground level (AGL) above an area of Palo Pinto County, Texas, with ground elevation above mean sea level (MSL) of approximately 1,050 feet.

    [FR Doc. 2017-25047 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. PE-2017-85] Petition for Exemption; Summary of Petition Received AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of petition for exemption received.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, this aspect of the FAA's regulatory activities. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATES:

    Comments on this petition must identify the petition docket number involved and must be received on or before December 11, 2017.

    ADDRESSES:

    Send comments identified by docket number FAA-2013-0015 using any of the following methods:

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

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

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

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

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

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

    FOR FURTHER INFORMATION CONTACT:

    Mark Forseth, AIR-673, Federal Aviation Administration, 1601 Lind Avenue SW., Renton, WA 98057-3356, email [email protected], phone (425) 227-2796; or Alphonso Pendergrass, ARM-200, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591, email [email protected], phone (202) 267-4713.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Renton, Washington, on October 18, 2017. Suzanne Masterson, Acting Manager, Transport Standards Branch. Petition for Exemption

    Docket No.: FAA-2013-0015.

    Petitioner: The Boeing Company.

    Section of 14 CFR Affected: § 25.813(e).

    Description of Relief Sought: Boeing requests an amendment to exemption no. 10879 to allow a larger quantity of suites, and to add revised criteria to allow single-door suite designs, in Boeing Model 787-8 and 787-9 airplane cabin configurations.

    [FR Doc. 2017-25052 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration [Summary Notice No. 2017-80] Petition for Exemption; Summary of Petition Received; Bell Helicopter Textron AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice.

    SUMMARY:

    This notice contains a summary of a petition seeking relief from specified requirements of Federal Aviation Regulations. The purpose of this notice is to improve the public's awareness of, and participation in, the FAA's exemption process. Neither publication of this notice nor the inclusion or omission of information in the summary is intended to affect the legal status of the petition or its final disposition.

    DATES:

    Comments on this petition must identify the petition docket number and must be received on or before December 11, 2017.

    ADDRESSES:

    Send comments identified by docket number FAA-2017-0540 using any of the following methods:

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

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

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

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

    Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.

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

    FOR FURTHER INFORMATION CONTACT:

    Jake Troutman (202) 683-7788, Office of Rulemaking, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591.

    This notice is published pursuant to 14 CFR 11.85.

    Issued in Washington, DC, on November 13, 2017. Lirio Liu, Director, Office of Rulemaking. Petition for Exemption

    Docket No.: FAA-2017-0540.

    Petitioner: Bell Helicopter Textron.

    Section(s) of 14 CFR Affected: §§ 61.113(a) and (b), 91.121, 91.151(a), 91.119(c).

    Description of Relief Sought: The petitioner is seeking an exemption in conjunction with obtaining a Special Airworthiness Certificate (Experimental—Research and Development) for the Model SFV Unmanned Aircraft System (UAS) for research and development purposes and subsequently for marketing purposes. Bell intends to operate the SFV UAS in Class G airspace with an altitude envelope of not greater than 400 feet above ground level (AGL) above an area of Palo Pinto County, Texas, with ground elevation above mean sea level (MSL) of approximately 1,050 feet.

    [FR Doc. 2017-25048 Filed 11-17-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Highway Administration Notice of Final Federal Agency Action on Proposed Highway in Arizona AGENCY:

    Federal Highway Administration (FHWA); DOT; U.S. Army Corps of Engineers (USACE).

    ACTION:

    Notice of limitation on claims for judicial review of actions by the USACE.

    SUMMARY:

    The FHWA is issuing this notice to announce action taken by the USACE that are final within the meaning of the United States Code. The action relates to the construction of the South Mountain Freeway/Loop 202 Project (Project) in Maricopa County, in the Phoenix Metropolitan Area, in the State of Arizona. The USACE granted a Department of the Army permit, pursuant to Section 404 of the Clean Water Act, as amended, authorizing the Arizona Department of Transportation (AZDOT) to discharge dredged or fill material into Waters of the United States at specified locations related to the Project.

    DATES:

    By this notice the FHWA is advising the public of final agency actions subject to 23 U.S.C. 139(l)(1). A claim seeking judicial review of the identified Federal agency action related to the Project will be barred unless the claim is filed on or before April 19, 2018. If the Federal law that authorizes judicial review of a claim provides a time period of less than 150 days for filing such claim, then that shorter time period still applies.

    FOR FURTHER INFORMATION CONTACT:

    For FHWA: Mr. Alan Hansen, Team Leader Planning, Environment, Air Quality, and Realty Team, Federal Highway Administration, 4000 N. Central Avenue, Suite 1500, Phoenix, Arizona 85012-3500; telephone: (602) 379-3646, fax: (602) 382-8998, email: [email protected] The FHWA Arizona Division Office's normal business hours are 7:30 a.m. to 4 p.m. (Mountain Standard Time).

    For USACE: Department of the Army, Los Angeles District, U.S. Army Corps of Engineers Regulatory Division, Attn: David Castanon, Regulatory Division Chief, 915 Wilshire Blvd., Los Angeles, CA 90017; email: [email protected]; telephone: (213) 452-3406.

    For AZDOT: Julie Gadsby, Asst. District Engineer, Arizona Department of Transportation, 2140 Hilton Ave., Phoenix, AZ 85009; email: [email protected]; telephone: (602) 712-7677.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that USACE has taken final agency action by issuing certain approval related to the Project. The action related the Project, as well as the laws under which such actions were taken, are described in the Department of the Army Permit and related documents in the USACE administrative record for the permit action. Interested parties may contact the USACE Los Angeles District Regulatory Division Office for more information on the USACE's permit decision. Contact information for the appropriate USACE representative is above.

    This notice applies to all claims seeking judicial review of the Department of the Army permit, and all laws under which such action was taken, including, but not limited to the National Environmental Policy Act [42 U.S.C. 4321-4375], the Clean Water Act and the Federal Water Pollution Control Act [33 U.S.C. 1251-1388]. This notice does not, however, alter or extend the limitations period for challenges of Project decisions subject to the Federal Highway Administration notice regarding the Project published in the Federal Register on March 5, 2015 pursuant to Section 139 of Title 23 United States Code.

    The Project and actions that are the subject of this notice are:

    Project name and location: South Mountain Freeway/Loop 202, Maricopa County, AZ.

    Project Sponsor: The Arizona Department of Transportation (AZDOT).

    Project description: The Project includes the construction and operation of a 22-mile, eight-lane highway connecting Interstate 10 (Papago Freeway) to Interstate 10 (Maricopa Freeway). The Project begins in the Eastern portion at the intersection of Interstate 10 and State Route 202 near 41st Street in Chandler Arizona and continues generally westward along the existing Pecos Road, bordering the Gila River Indian Community's lands. The Project continues through a portion of the South Mountain Park/Preserve, as it turns north, roughly following 59th Avenue until it connects to Interstate 10 just north of Van Buren Street. Portions of the Project will pass through Laveen and Estrella villages in the west and will border both the Desert Foothills and Ahwatukee communities in the East. The Project includes approximately 15 interchanges, including two direct connections to Interstate 10 East and Loop 202 (Santan Freeway), in addition to a shared-use path, multi-use underpass crossings, a pedestrian bridge near Elwood Street, and two 2,700 foot long bridge crossings of the Salt River, as well as widening and improvements to Interstate 10 East.

    Final agency actions: Department of the Army permit issued pursuant to Section 404 Clean Water Act effective November 9, 2017.

    Supporting documentation: USACE Record of Decision issued November 9, 2017.

    The USACE decision and permit No. SPL-2202-00055 are available by contacting USACE at the address provided above, and can be viewed and downloaded from http://www.spl.usace.army.mil/Missions/Regulatory/Projects-Programs/.

    This notice applies to all Federal agency decisions as of the issuance date of this notice and all laws under which the final action was taken, including but not limited to:

    1. General: National Environmental Policy Act (NEPA) [42 U.S.C. 4321-4351].

    2. Air: Clean Air Act [42 U.S.C. 7506(c)].

    3. Wildlife: Endangered Species Act [16 U.S.C. 1531-1544 and Section 1536], Fish and Wildlife Coordination Act [16 U.S.C. 661-667(d)], Migratory Bird Treaty Act [16 U.S.C. 703-712].

    4. Historic and Cultural Resources: Section 106 of the National Historic Preservation Act of 1966, as amended [54 U.S.C. 306108 et seq.].

    5. Social and Economic: Civil Rights Act of 1964 [42 U.S.C. 2000(d)-2000(d)(1)]; American Indian Religious Freedom Act [42 U.S.C. 1996].

    6. Water: Clean Water Act [33 U.S.C. 1251-1387].

    7. Executive Orders: E.O. 11990 Protection of Wetlands; E.O. 11988 Floodplain Management; E.O. 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations; E.O. 11593 Protection and Enhancement of Cultural Resources; E.O. 13007 Indian Sacred Sites; E.O. 13287 Preserve America; E.O. 13175 Consultation and Coordination with Indian Tribal Governments; E.O. 11514 Protection and Enhancement of Environmental Quality; E.O. 13112 Invasive Species.

    (Catalog of Federal Domestic Assistance Program Number 20.205, Highway Planning and Construction. The regulations implementing Executive Order 12372 regarding intergovernmental consultation on Federal programs and activities apply to this program.) Authority:

    23 U.S.C. 139(l)(1).

    Issued on: November 14, 2017. Karla S. Petty, Division Administrator.
    [FR Doc. 2017-25069 Filed 11-17-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF TRANSPORTATION Federal Highway Administration Buy America Waiver Notification AGENCY:

    Federal Highway Administration (FHWA), DOT.

    ACTION:

    Notice.

    SUMMARY:

    This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for 33 iron and steel components of Georgia Ports Authority-procured Rail Mounted Gantry (RMG) cranes that will increase intermodal capacity at the Garden City Terminal in Garden City, Georgia. These iron and steel components are not manufactured (from melting to coating) in the United States in sufficient and reasonably available quantities and of a satisfactory quality.

    DATES:

    The effective date of the waiver is November 21, 2017.

    FOR FURTHER INFORMATION CONTACT:

    For questions about this notice, please contact Mr. Gerald Yakowenko, FHWA Office of Program Administration, (202) 366-1562, or via email at [email protected] For legal questions, please contact Mr. Jomar Maldonado, FHWA Office of the Chief Counsel, 202-366-1373, or via email at [email protected] Office hours for the FHWA are from 8:00 a.m. to 4:30 p.m., E.T., Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION: Electronic Access

    An electronic copy of this document may be downloaded from the Federal Register's home page at: http://www.archives.gov and the Government Publishing Office's database at: http://www.access.thefederalregister.org/nara.

    Background

    The FHWA's Buy America policy in 23 CFR 635.410 requires a domestic manufacturing process for any steel or iron products (including protective coatings) that are permanently incorporated in a Federal-aid construction project. The regulation also provides for a waiver of the Buy America requirements when satisfactory quality domestic steel and iron products are not sufficiently available (non-availability). This notice provides information regarding FHWA's finding that a Buy America waiver is appropriate for twenty-eight iron and steel components of eight RMG cranes that will be procured by the Georgia Ports Authority to increase intermodal capacity at the Garden City Terminal in Garden City, Georgia due to non-availability.

    In accordance with the Consolidated Appropriations Act of 2017 (Pub. L. 115-31), FHWA published a notice seeking comments on whether a waiver is appropriate on its Web site, https://www.fhwa.dot.gov/construction/contracts/waivers.cfm?id=150 on May 9. The FHWA received no comments in response to the publication.

    The Georgia Ports Authority commissioned an independent study demonstrating that RMG cranes could not be produced domestically. These findings are consistent with past studies demonstrating that no RMG cranes using 100 percent domestic steel and iron are reasonably available. Based on vendor responses to the port's procurement solicitation, some crane components could be manufactured in the U.S. However, the following 33 items are not manufactured in the U.S. in manner that the iron and steel complies with FHWA's Buy America requirements: gantry motor, gantry motor brake, gantry gearbox couplings, gantry gearbox, gantry wheel, gantry guide and thrust roller assembly, gantry rail brake hydraulic pump, gantry rail brake hydraulic solenoid, gantry oleo bumper, trolley motor, trolley motor brake, trolley motor gearbox coupling, trolley motor gearbox, trolley wheel, trolley guide thrust roller assembly, trolley oleo bumper, hoist motor, hoist motor gearbox coupling, hoist gearbox, hoist gearbox hoist drum coupling, hoist brake thruster, hoist sheave, hoist headblock sheave, slew motor, slew motor brake, slew motor gearbox coupling, slew gearbox, gantry cable rear motor, gantry cable reel gearbox, gantry cable reel brake assembly, gantry cable reel slip ring assembly, load cell pin, and main power transformer. Based on all the information available to the agency, FHWA concludes that there are no domestic manufacturers for these 33 components of RMG cranes for use by the Georgia Ports Authority. Accordingly, the FHWA waives the Buy America requirements for these 33 components. This limited waiver does not include steel and iron components of the RMG cranes that are available with steel and iron produced domestically, including the steel gantry structure.

    This project will be completed under a Fostering Advancements in Shipping and Transportation for the Long-term Achievement of National Efficiencies, Significant Freight, and Highway Projects FY 2016 grant award (commonly referred to as FASTLANE grants).

    In accordance with the provisions of section 117 of the SAFETEA-LU Technical Corrections Act of 2008 (Pub. L. 110-244, 122 Stat. 1572), FHWA is providing this notice as its finding that a waiver of Buy America requirements is appropriate. The FHWA invites public comment on this finding for an additional 15 days following the effective date of the finding. Comments may be submitted to FHWA's Web site via the link provided to the waiver page noted above.

    Authority:

    23 U.S.C. 313; Pub. L. 110-161, 23 CFR 635.410

    Issued on: November 13, 2017. Brandye L. Hendrickson, Acting Administrator, Federal Highway Administration.
    [FR Doc. 2017-25074 Filed 11-17-17; 8:45 am] BILLING CODE 4910-22-P
    DEPARTMENT OF TRANSPORTATION Federal Transit Administration Limitation on Claims Against Proposed Public Transportation Projects AGENCY:

    Federal Transit Administration (FTA), DOT.

    ACTION:

    Notice.

    SUMMARY:

    This notice announces a final environmental action taken by the Federal Transit Administration (FTA) for a project in Perth Amboy and South Amboy, Middlesex County, New Jersey. The purpose of this notice is to announce publicly the environmental decision by FTA on the subject project and to activate the limitation on any claims that may challenge this final environmental action.

    DATES:

    By this notice, FTA is advising the public of final agency actions subject to Section 139(l) of Title 23, United States Code (U.S.C.). A claim seeking judicial review of FTA actions announced herein for the listed public transportation project will be barred unless the claim is filed on or before April 19, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Nancy-Ellen Zusman, Assistant Chief Counsel, Office of Chief Counsel, (312) 353-2577 or Alan Tabachnick, Environmental Protection Specialist, Office of Environmental Programs, (202) 366-8541. FTA is located at 1200 New Jersey Avenue SE., Washington, DC 20590. Office hours are from 9:00 a.m. to 5:00 p.m., Monday through Friday, except Federal holidays.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given that FTA has taken final agency action by issuing a certain approval for the public transportation project listed below. The action on the project, as well as the laws under which such action was taken, is described in the documentation issued in connection with the project to comply with the National Environmental Policy Act (NEPA) and in other documents in the FTA administrative record for the project. Interested parties may contact either the project sponsor or the FTA Regional Office for more information. Contact information for FTA's Regional Offices may be found at https://www.fta.dot.gov.

    This notice applies to all FTA decisions on the listed project as of the issuance date of this notice and all laws under which such action was taken, including, but not limited to, NEPA [42 U.S.C. 4321-4375], Section 4(f) of the Department of Transportation Act of 1966 [49 U.S.C. 303], Section 106 of the National Historic Preservation Act [16 U.S.C. 470f], and the Clean Air Act [42 U.S.C. 7401-7671q]. This notice does not, however, alter or extend the limitation period for challenges of project decisions subject to previous notices published in the Federal Register. The project and action that are the subject of this notice follows:

    Project name and location: Raritan River Bridge Replacement Project, Middlesex County, New Jersey. Project Sponsor: New Jersey Transit Corporation. Project description: This project consists of the demolition of the 100+ year old two-track Raritan River swing span bridge and replacement with a new two-track moveable vertical life span bridge on a parallel alignment to the west of the existing bridge. The Raritan River rail bridge suffered structural damage during Hurricane Sandy in October 2012, when ocean surge moved the approach girder spans out of alignment atop their supporting piers. The replacement of the bridge will reduce the vulnerability of the existing Raritan River rail bridge to major storm flood events, enhancing the reliability of the North Jersey Coast Line (NJCL), the third busiest of NJ Transit's commuter rail lines.

    Final agency actions: Section 4(f) determination, dated June 2017; Section 106 Programmatic Agreement, dated August 21, 2017; and a Finding of No Significant Impact, dated October 13, 2017. Supporting documentation: Environmental Assessment dated June, 2017.

    Lucy Garliauskas, Associate Administrator Planning and Environment.
    [FR Doc. 2017-25062 Filed 11-17-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Forms 8609 and 8609A AGENCY:

    Internal Revenue Service (IRS), Treasury.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Internal Revenue Service (IRS), as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995. The IRS is soliciting comments concerning Form 8609, Low-Income Housing Credit Allocation and Certification, and Form 8609-A, Annual Statement for Low-Income Housing Credit.

    DATES:

    Written comments should be received on or before January 19, 2018 to be assured of consideration.

    ADDRESSES:

    Direct all written comments to L. Brimmer, Internal Revenue Service, Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the regulation should be directed to Taquesha Cain, at (202) 317-8979 Room 6526, 1111 Constitution Avenue NW., Washington, DC 20224, or through the internet at [email protected]

    SUPPLEMENTARY INFORMATION:

    Title: Low-Income Housing Credit Allocation and Certification.

    OMB Number: 1545-0988.

    Form Number: Form 8609 and Form 8609A.

    Abstract: Owners of residential low-income rental buildings are allowed a low-income housing credit for each qualified building over a 10-year credit period. Form 8609 can be used to obtain a housing credit allocation from the housing credit agency. A separate Form 8609 must be issued for each building in a multiple building project. Form 8609 is also used to certify certain information. Form 8609-A is filed by a building owner to report compliance with the low-income housing provisions and calculate the low-income housing credit. Form 8609-A must be filed by the building owner for each year of the 15-year compliance period. File one Form 8609-A for the allocation(s) for the acquisition of an existing building and a separate Form 8609-A for the allocation(s) for rehabilitation expenditures.

    Current Actions: There is no change to this existing regulation. However, the agency has updated the number of respondents to reflect the most recent data available.

    Type of Review: Revision of a currently approved collection.

    Affected Public: Businesses or other for-profit organizations, not-for-profit institutions, and farms.

    Estimated Number of Respondents: 30,000.

    Estimated Time Per Respondent: 18 hours, 16 minutes.

    Estimated Total Annual Burden Hours: 548,700.

    The following paragraph applies to all of the collections of information covered by this notice:

    An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number.

    Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103.

    Request for Comments: Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on: (a) Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden of the collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and (e) estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.

    Approved: November 14, 2017. L. Brimmer, Senior Tax Analyst.
    [FR Doc. 2017-25098 Filed 11-17-17; 8:45 am] BILLING CODE 4830-01-P
    DEPARTMENT OF VETERANS AFFAIRS Reimbursement for Caskets and Urns for Burial of Unclaimed Remains in a National Cemetery or a VA-funded State or Tribal Veterans' Cemetery AGENCY:

    Department of Veterans Affairs.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Veterans Affairs (VA) is updating the monetary reimbursement rates for caskets and urns purchased for the interment in a VA national cemetery or a VA-funded state or tribal veterans' cemetery of Veterans who die with no known next of kin and where there are insufficient resources for furnishing a burial container. The purpose of this notice is to notify interested parties of the rates that will apply to reimbursement claims that occur during calendar year (CY) 2018.

    FOR FURTHER INFORMATION CONTACT:

    Eric Axelbank, Budget Formulation Division, National Cemetery Administration, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420. Telephone: (202) 632-7236 (this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Section 2306(f) of title 38, U.S.C., authorizes VA National Cemetery Administration (NCA) to furnish a casket or urn for interment in a VA national cemetery or a VA-funded state or tribal veterans' cemetery of the unclaimed remains of Veterans for whom VA cannot identify a next of kin and determines that sufficient financial resources for the furnishing of a casket or urn for burial are not available. VA implemented regulations to administer this authority as a reimbursement benefit in section 38.628 of title 38, Code of Federal Regulations.

    Public Law 114-273 extended VA's authority to furnish a casket or urn for interment of the unclaimed remains of Veterans for whom VA cannot identify a next of kin and determines that sufficient financial resources for the furnishing of a casket or urn for burial are not available when those remains are to be buried in a VA national cemetery or a VA-funded state or tribal veterans' cemetery. The reimbursement amounts shown in this notice are applicable to those interments.

    Reimbursement for a claim received in any CY will not exceed the average cost of a 20-gauge metal casket or a durable plastic urn during the fiscal year (FY) preceding the CY of the claim. Average costs are determined by market analysis for 20-gauge metal caskets, designed to contain human remains, with a gasketed seal, and external rails or handles. The same analysis is completed for durable plastic urns, designed to contain human remains, which include a secure closure to contain the cremated remains.

    Using this method of computation, in FY 2017, the average costs for caskets were determined to be $2,131 and $169 for urns. Accordingly, the reimbursement rates payable for qualifying interments occurring during CY 2018 are $2,131 for caskets and $169 for urns.

    Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this document and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on November 14, 2017, for publication.

    Dated: November 14, 2017. Jeffrey Martin, Office Program Manager, Office of Regulation Policy & Management, Office of the Secretary, Department of Veterans Affairs.
    [FR Doc. 2017-25067 Filed 11-17-17; 8:45 am] BILLING CODE 8320-01-P
    82 222 Monday, November 20, 2017 Notices Part II Office of Personnel Management SES Positions That Were Career Reserved During CY 2016; Notice OFFICE OF PERSONNEL MANAGEMENT SES Positions That Were Career Reserved During CY 2016 AGENCY:

    U.S. Office of Personnel Management (OPM).

    ACTION:

    Notice.

    SUMMARY:

    As required by section 3132(b) (4) of title 5, United States Code, this gives notice of all positions in the Senior Executive Service (SES) that were career reserved during calendar year 2016.

    FOR FURTHER INFORMATION CONTACT:

    Phyllis Proctor, Senior Executive Resources Services, Senior Executive Services and Performance Management, Employee Services, 202-606-2246.

    SUPPLEMENTARY INFORMATION:

    Below is a list of titles of SES positions that were career reserved at any time during calendar year 2016, regardless of whether those positions were still career reserved as of December 31, 2016. Section 3132(b) (4) of title 5, United States Code, requires that the head of each agency publish such lists by March 1 of the following year. The Office of Personnel Management is publishing a consolidated list for all agencies.

    Positions That Were Career Reserved During Calendar Year 2016 Agency Organization Title ADMINISTRATIVE CONFERENCE OF THE UNITED STATES GENERAL COUNSEL.
  • RESEARCH DIRECTOR.
  • ADVISORY COUNCIL ON HISTORIC PRESERVATION OFFICE OF THE EXECUTIVE DIRECTOR EXECUTIVE DIRECTOR. DEPARTMENT OF AGRICULTURE AGRICULTURAL MARKETING SERVICE DEPUTY ADMINISTRATOR, FRUIT AND VEGETABLE PROGRAMS.
  • DEPUTY ADMINISTRATOR, DAIRY PROGRAMS.
  • DEPUTY ADMINISTRATOR, LIVESTOCK AND SEED PROGRAMS.
  • DEPUTY ADMINISTRATOR, COMPLIANCE AND ANALYSIS. DEPUTY ADMINISTRATOR FOR NATIONAL ORGANIC PROGRAMS. DEPUTY ADMINISTRATOR, COTTON AND TOBACCO PROGRAMS. DEPUTY ADMINISTRATOR, SCIENCE AND TECHNOLOGY PROGRAMS. DEPUTY ADMINISTRATOR, TRANSPORTATION AND MARKETING PROGRAMS. DEPUTY ADMINISTRATOR, POULTRY PROGRAMS. DEPUTY ADMINISTRATOR, INFORMATION TECHNOLOGY SERVICES. ASSOCIATE ADMINISTRATOR. ASSISTANT ADMINISTRATOR FOR TECHNOLOGY TRANSFER. DEPUTY ADMINISTRATOR FOR ADMINISTRATIVE AND FINANCIAL MANAGEMENT. DIRECTOR, OFFICE OF PEST MANAGEMENT POLICY. CHIEF FINANCIAL OFFICER. CHIEF INFORMATION OFFICER. ASSOCIATE ADMINISTRATOR, RESEARCH OPERATIONS AND MANAGEMENT. ASSOCIATE DEPUTY ADMINISTRATOR FOR ADMINISTRATIVE AND FINANCIAL MANAGEMENT. ANIMAL AND PLANT HEALTH INSPECTION SERVICE DEPUTY ADMINISTRATOR FOR MARKETING AND REGULATORY PROGRAMS—BUSINESS SERVICES.
  • ASSOCIATE DEPUTY ADMINISTRATOR FOR MARKETING AND REGULATORY PROGRAMS—BUSINESS SERVICES.
  • DEPUTY ADMINISTRATOR, WILDLIFE SERVICES. ASSISTANT DEPUTY ADMINISTRATOR, NATIONAL IMPORT EXPORT SERVICES. DEPUTY ADMINISTRATOR, ANIMAL CARE. EXECUTIVE DIRECTOR, CENTER FOR PLANT HEALTH SCIENCE AND TECHNOLOGY. ASSISTANT DEPUTY ADMINISTRATOR, EMERGENCY AND DOMESTIC PROGRAMS. ASSOCIATE DEPUTY ADMINISTRATOR, WILDLIFE SERVICES. DEPUTY ADMINISTRATOR, BIOTECHNOLOGY REGULATORY PROGRAMS. DIRECTOR, EASTERN REGION, WILDLIFE SERVICES. EXECUTIVE DIRECTOR, WESTERN REGION, WILDLIFE SERVICES. ASSOCIATE DEPUTY ADMINISTRATOR, VETERINARY SERVICES. DEPUTY ADMINISTRATOR FOR INTERNATIONAL SERVICES. DEPUTY ADMINISTRATOR, LEGISLATIVE AND PUBLIC AFFAIRS. DIRECTOR, CENTER FOR VETERINARY BIOLOGICS. ASSOCIATE DEPUTY ADMINISTRATOR, EMERGING AND INTERNATIONAL PROGRAMS. DIRECTOR, INFORMATION TECHNOLOGY DIVISION. DIRECTOR, INVESTIGATIVE AND ENFORCEMENT SERVICES. DIRECTOR, NATIONAL WILDLIFE RESEARCH CENTER. HUMAN RESOURCES OFFICER. ASSOCIATE DEPUTY ADMINISTRATOR FOR ANIMAL CARE. CHIEF ADVISOR (GOVERNMENT, ACADEMIA AND INDUSTRY PARTNERSHIP). CHIEF FINANCIAL OFFICER. ECONOMIC RESEARCH SERVICE ADMINISTRATOR, ECONOMIC RESEARCH SERVICE.
  • ASSOCIATE ADMINISTRATOR, ECONOMIC RESEARCH SERVICE.
  • DIRECTOR, RESOURCE AND RURAL ECONOMICS DIVISION. DIRECTOR, INFORMATION SERVICES DIVISION. DIRECTOR, FOOD ECONOMICS DIVISION. DIRECTOR, MARKET AND TRADE ECONOMICS DIVISION. FARM SERVICE AGENCY DEPUTY ADMINISTRATOR FOR FARM LOAN PROGRAMS.
  • DIRECTOR, OFFICE OF BUDGET AND FINANCE.
  • DIRECTOR, BUSINESS AND PROGRAM INTEGRATION. ASSISTANT DEPUTY ADMINISTRATOR FARM PROGRAMS. DIRECTOR, HUMAN RESOURCES DIVISION. DEPUTY DIRECTOR, OFFICE OF BUDGET AND FINANCE. FIELD UNITS NORTHEAST AREA DIRECTOR, STATE AND PRIVATE FORESTRY.
  • DIRECTOR, NORTHERN RESEARCH STATION.
  • DIRECTOR, PACIFIC NORTHWEST RESEARCH STATION. DIRECTOR, PACIFIC SOUTHWEST FOREST AND RANGE EXPERIMENT STATION (VALLEJO). DIRECTOR, ROCKY MOUNTAIN FOREST AND RANGE EXPERIMENT STATION (FORT COLLINS). DIRECTOR, SOUTHERN RESEARCH STATION (ASHEVILLE). DIRECTOR, FOREST PRODUCTS LABORATORY (MADISON). FOOD AND NUTRITION SERVICE FINANCIAL MANAGER.
  • PROGRAM MANAGER (DEPUTY ADMINISTRATOR FOR MANAGEMENT).
  • PROGRAM MANAGER (ASSOCIATE ADMINISTRATOR FOR REGIONAL OPERATIONS AND SUPPORT). ASSOCIATE ADMINISTRATOR FOR MANAGEMENT AND FINANCE. FOOD SAFETY AND INSPECTION SERVICE ASSISTANT ADMINISTRATOR, OFFICE OF INVESTIGATION, ENFORCEMENT AND AUDITING.
  • UNITED STATES MANAGER FOR CODEX.
  • DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF MANAGEMENT. EXECUTIVE ASSOCIATE FOR REGULATORY OPERATIONS, OFFICE OF FIELD OPERATIONS. EXECUTIVE ASSOCIATE FOR PUBLIC HEALTH. EXECUTIVE ASSOCIATE FOR REGULATORY OPERATIONS, OFFICE OF FIELD OPERATIONS. EXECUTIVE ASSOCIATE FOR LABORATORY SERVICES, OFFICE OF PUBLIC HEALTH SCIENCE. ASSISTANT ADMINISTRATOR. DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF FIELD OPERATIONS. DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF PUBLIC HEALTH SCIENCE. ASSISTANT ADMINISTRATOR, OFFICE OF POLICY AND PROGRAM DEVELOPMENT. CHIEF OPERATING OFFICER. DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF POLICY AND PROGRAM DEVELOPMENT. EXECUTIVE ASSOCIATE FOR REGULATORY OPERATIONS, OFFICE OF FIELD OPERATIONS. DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF INVESTIGATION, ENFORCEMENT AND AUDIT. ASSISTANT ADMINISTRATOR, OFFICE OF PUBLIC AFFAIRS, EDUCATION AND OUTREACH. ASSISTANT ADMINISTRATOR, OFFICE OF MANAGEMENT. DEPUTY ASSISTANT ADMINISTRATOR, OFFICE OF DATA INTEGRATION AND FOOD PROGRAM. DEPUTY ADMINISTRATOR. ASSISTANT ADMINISTRATOR, OFFICE OF FIELD OPERATIONS. CHIEF INFORMATION OFFICER. ASSISTANT ADMINISTRATOR, OFFICE OF DATA INTEGRATION AND FOOD PROTECTION. CHIEF FINANCIAL OFFICER. INTERNATIONAL AFFAIRS LIAISON OFFICER. FOREIGN AGRICULTURAL SERVICE DEPUTY ADMINISTRATOR, OFFICE OF GLOBAL ANALYSIS.
  • ASSOCIATE ADMINISTRATOR (CHIEF OPERATING OFFICER).
  • FOREST SERVICE ASSOCIATE DEPUTY CHIEF FOR BUSINESS OPERATIONS.
  • DIRECTOR, FIRE AND AVIATION MANAGEMENT.
  • CHIEF FINANCIAL OFFICER. DEPUTY CHIEF, BUSINESS OPERATIONS. DIRECTOR, ACQUISITION MANAGEMENT. ASSOCIATE DEPUTY CHIEF, RESEARCH AND DEVELOPMENT. DIRECTOR, LAW ENFORCEMENT AND INVESTIGATIONS. INTERNATIONAL FOREST SYSTEM DIRECTOR INTERNATIONAL INSTITUTE OF TROPICAL FOREST (RIO PIEDRAS). MIDWEST AREA OFFICE DIRECTOR, MIDWEST AREA.
  • ASSOCIATE DIRECTOR MIDWEST AREA (2).
  • DIRECTOR, NATIONAL CENTER FOR AGRICULTURE UTILIZATION. NATIONAL AGRICULTURAL STATISTICS SERVICE ADMINISTRATOR, NATIONAL AGRICULTURAL STATISTICS SERVICE.
  • DIRECTOR, WESTERN FIELD OPERATIONS.
  • ASSOCIATE ADMINISTRATOR. DIRECTOR, STATISTICS DIVISION. DIRECTOR, CENSUS AND SURVEY DIVISION. DIRECTOR, INFORMATION TECHNOLOGY DIVISION. DIRECTOR EASTERN FIELD OPERATIONS. DIRECTOR, METHODOLOGY DIVISION. DIRECTOR, NATIONAL OPERATIONS CENTER. NATIONAL FINANCE CENTER DIRECTOR, INFORMATION TECHNOLOGY MANAGEMENT DIVISION.
  • DIRECTOR, FINANCIAL SERVICES DIVISION.
  • DEPUTY DIRECTOR, NATIONAL FINANCE CENTER. NATIONAL FOREST SYSTEM DIRECTOR, RANGELAND MANAGEMENT.
  • DIRECTOR, FOREST MANAGEMENT STAFF.
  • DIRECTOR, ENGINEERING. DIRECTOR, LANDS MANAGEMENT STAFF. DIRECTOR, ECOSYSTEM MANAGEMENT COORDINATION. DIRECTOR, WATER, FISH, WASTELAND, AIR AND RARE PLANTS. DIRECTOR, MINERALS AND GEOLOGY MANAGEMENT STAFF. NATIONAL INSTITUTE OF FOOD AND AGRICULTURE DEPUTY DIRECTOR, INSTITUTE OF BIOENERGY, CLIMATE, AND ENVIRONMENT.
  • DEPUTY DIRECTOR, OFFICE OF GRANTS AND FINANCIAL MANAGEMENT.
  • DEPUTY DIRECTOR, OFFICE OF INFORMATION TECHNOLOGY. DEPUTY DIRECTOR, INSTITUTE OF FOOD SAFETY AND NUTRITION. NATURAL RESOURCES CONSERVATION SERVICE DIRECTOR, CONSERVATION ENGINEERING DIVISION.
  • DIRECTOR ECOLOGICAL SCIENCES DIVISION.
  • DIRECTOR, SOIL SCIENCE DIVISION. DIRECTOR, EASEMENT PROGRAMS DIVISION. ASSOCIATE CHIEF FOR OPERATIONS/CHIEF OPERATING OFFICER. DEPUTY CHIEF FOR STRATEGIC PLANNING AND ACCOUNTABILITY. CHIEF PROCUREMENT AND PROPERTY OFFICER. DEPUTY CHIEF FOR PROGRAMS. CHIEF FINANCIAL OFFICER. DIRECTOR, FINANCIAL ASSISTANCE PROGRAMS DIVISION.