Federal Register Vol. 82, No.236,

Federal Register Volume 82, Issue 236 (December 11, 2017)

Page Range58097-58332
FR Document

82_FR_236
Current View
Page and SubjectPDF
82 FR 58331 - Recognizing Jerusalem as the Capital of the State of Israel and Relocating the United States Embassy to Israel to JerusalemPDF
82 FR 58201 - Sunshine Act MeetingPDF
82 FR 58200 - Sunshine Act MeetingsPDF
82 FR 58220 - Sunshine Act MeetingPDF
82 FR 58257 - Unified Carrier Registration Plan Board of Directors; Sunshine Act MeetingsPDF
82 FR 58097 - Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement, a Marketing Order, or Certain Research and Promotion OrdersPDF
82 FR 58135 - Milk in the Florida Marketing Area; Supplemental Notification of HearingPDF
82 FR 58202 - Sunshine Act MeetingPDF
82 FR 58220 - Sunshine Act MeetingsPDF
82 FR 58219 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Analysis of Alternative Strategies for Financing Unemployment Insurance (UI) Benefits When Trust Fund Balances Are InsufficientPDF
82 FR 58229 - Product Change-Priority Mail and First-Class Package Service Negotiated Service AgreementPDF
82 FR 58229 - Product Change-Priority Mail Negotiated Service AgreementPDF
82 FR 58181 - International Affairs; U.S. Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory AreaPDF
82 FR 58181 - Proposed Information Collection; Comment Request; National Marine Sanctuary PermitsPDF
82 FR 58185 - Proposed Information Collection; Comment Request; Application Forms for Membership on a National Marine Sanctuary Advisory CouncilPDF
82 FR 58186 - Submission for OMB Review; Comment RequestPDF
82 FR 58197 - Notice of Termination of the Receivership of 10395, The First National Bank of Florida, Milton, FloridaPDF
82 FR 58197 - Notice of Termination of the Receivership of 10381, LandMark Bank of Florida, Sarasota, FloridaPDF
82 FR 58195 - Agency Information Collection Activities; Proposed Renewal of an Existing Collection (EPA ICR No. 0276.16); Comment RequestPDF
82 FR 58193 - Marlow Hydro, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, Approving Use of the Traditional Licensing ProcessPDF
82 FR 58191 - Commission Information Collection Activities (FERC-598); Comment Request; ExtensionPDF
82 FR 58191 - Notice of Petition for Declaratory Order; Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power CompanyPDF
82 FR 58193 - Combined Notice of FilingsPDF
82 FR 58194 - Combined Notice of Filings #1PDF
82 FR 58198 - Notice of Termination of the Receivership of 10517, Hometown National Bank, Longview, WashingtonPDF
82 FR 58197 - Notice of Termination of the Receivership of 10509, Northern Star Bank, Mankato, MinnesotaPDF
82 FR 58197 - Notice of Termination of the Receivership of 10506, NBRS Financial, Rising Sun, MarylandPDF
82 FR 58199 - Notice of Termination of the Receivership of 10503, The Freedom State Bank, Freedom, OklahomaPDF
82 FR 58200 - Notice of Termination of the Receivership of 10496, Vantage Point Bank, Horsham, PennsylvaniaPDF
82 FR 58200 - Notice of Termination of the Receivership of 10453, Second Federal Savings and Loan Association of Chicago, Chicago, IllinoisPDF
82 FR 58200 - Notice of Termination of the Receivership of 10417, American Eagle Savings Bank, Boothwyn, PennsylvaniaPDF
82 FR 58200 - Notice of Termination of the Receivership of 10415, Premier Community Bank of the Emerald Coast, Crestview, FloridaPDF
82 FR 58198 - Notice of Termination of the Receivership of 10397, Citizens Bank of Northern California, Nevada City, CaliforniaPDF
82 FR 58198 - Notice of Termination of the Receivership of 10391, First Southern National Bank, Statesboro, GeorgiaPDF
82 FR 58199 - Notice of Termination of the Receivership of 10389, Public Savings Bank, Huntingdon Valley, PennsylvaniaPDF
82 FR 58199 - Notice of Termination of the Receivership of 10383, BankMeridian, N.A., Columbia, South CarolinaPDF
82 FR 58198 - Notice of Termination of the Receivership of 10160-SolutionsBank, Overland Park, KansasPDF
82 FR 58199 - Notice of Termination of the Receivership of 10151, Commerce Bank of Southwest Florida, Fort Myers, FloridaPDF
82 FR 58199 - Notice of Termination of the Receivership of 10133, Riverview Community Bank, Otsego, MinnesotaPDF
82 FR 58198 - Notice of Termination of the Receivership of 10072, Mirae Bank, Los Angeles, CaliforniaPDF
82 FR 58115 - Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; WithdrawalPDF
82 FR 58135 - Milk in the Florida Marketing Area; Notification of HearingPDF
82 FR 58153 - Statutory Cable, Satellite, and DART License Reporting PracticesPDF
82 FR 58275 - Proposed Collection; Comment Request for Regulation ProjectPDF
82 FR 58276 - Proposed Collection; Comment Request for Regulation ProjectPDF
82 FR 58267 - Proposed Agency Information Collection Activities; Comment RequestPDF
82 FR 58265 - Proposed Agency Information Collection Activities; Comment RequestPDF
82 FR 58129 - Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability MeasuresPDF
82 FR 58196 - Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for PacifiCorp Energy-Hunter Power Plant (Emery County, Utah)PDF
82 FR 58215 - U.S. Endangered Species; Receipt of Recovery Permit ApplicationsPDF
82 FR 58228 - New Postal ProductsPDF
82 FR 58227 - Submission for Review: CyberCorps®: Scholarship for Service (SFS) Registration Web SitePDF
82 FR 58225 - Submission for Review: Survivor Annuity Election for a Spouse, RI 20-63; Cover Letter Giving Information About the Cost To Elect Less Than the Maximum Survivor Annuity, RI 20-116; Cover Letter Giving Information About the Cost To Elect the Maximum Survivor Annuity, RI 20-117PDF
82 FR 58227 - Submission for Review: Application To Make Deposit or Redeposit (CSRS)-SF 2803 and Application To Make Service Credit Payment for Civilian Service (FERS)-SF 3108PDF
82 FR 58226 - Submission for Review: Marital Status Certification Survey, RI 25-7PDF
82 FR 58277 - Pricing for the 2018 World War I Centennial Silver DollarPDF
82 FR 58172 - Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Affirmative Countervailing Duty DeterminationPDF
82 FR 58175 - Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Determination of Critical Circumstances, in PartPDF
82 FR 58178 - Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty OrdersPDF
82 FR 58170 - Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty OrdersPDF
82 FR 58145 - Drawbridge Operation Regulation; Black River, Port Huron, MIPDF
82 FR 58209 - Agency Information Collection Activities: Submission for OMB Review; Comment RequestPDF
82 FR 58221 - U.S. Army Installation Management Command; Davy Crockett M101 Depleted Uranium Spotting RoundsPDF
82 FR 58224 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Addition of New Turbine Building Sump PumpsPDF
82 FR 58248 - Determination of Use of Emergency Reserve FundPDF
82 FR 58271 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 58274 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 58272 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 58248 - Procurement Thresholds for Implementation of the Trade Agreements Act of 1979PDF
82 FR 58260 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 58262 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 58251 - Qualification of Drivers; Exemption Applications; Epilepsy and Seizure DisordersPDF
82 FR 58252 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 58206 - National Health and Nutrition Examination Survey (NHANES) Stored Biologic Samples; Proposed Cost Schedule and Guidelines for Proposals to Use Serum, Plasma, and Urine SamplesPDF
82 FR 58230 - Product Change-Parcel Select Negotiated Service AgreementPDF
82 FR 58229 - Product Change-Priority Mail Express Negotiated Service AgreementPDF
82 FR 58250 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 58167 - Nuseed Americas Inc.; Availability of Petition for Determination of Nonregulated Status of Canola Genetically Engineered for Altered Oil ProfilePDF
82 FR 58253 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 58258 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 58168 - Notice of Public Meeting of the Arizona Advisory CommitteePDF
82 FR 58201 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 58218 - Draft Finding of No Significant Impact for the Proposed Rehabilitation or Replacement of Buildings at the Gulfport Job Corps Center, 3300 20th Street, Gulfport, Mississippi 39501PDF
82 FR 58202 - Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification RulesPDF
82 FR 58164 - Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2018-2020 Fishing QuotasPDF
82 FR 58216 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection: Bioterrorism Preparedness Act: Entity/Individual InformationPDF
82 FR 58270 - Notice of Request for Revisions of an Information CollectionPDF
82 FR 58113 - Drawbridge Operation Regulation; Columbia River, Vancouver, WAPDF
82 FR 58107 - Airworthiness Directives; Rolls-Royce plc Turbofan EnginesPDF
82 FR 58137 - Airworthiness Directives; Zodiac Seats France, Cabin Attendant SeatsPDF
82 FR 58205 - Submission for OMB Review; Presolicitation Notice and ResponsePDF
82 FR 58212 - Agency Information Collection Request; 60-Day Public Comment RequestPDF
82 FR 58186 - Extension of the Comprehensive Autism Care Demonstration for TRICARE Eligible Beneficiaries Diagnosed With Autism Spectrum DisorderPDF
82 FR 58187 - Arms Sales NotificationPDF
82 FR 58169 - In the Matter of: Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a Shahi, a/k/a Shantia Haas, a/k/a Sean Haas, 6041 Weeping Banyan Lane, Woodland Hills, CA 91367; Amended Order Denying Export PrivilegesPDF
82 FR 58270 - Limitation on Claims Against Proposed Public Transportation ProjectsPDF
82 FR 58149 - Safety Zone; Lower Mississippi River, New Orleans, LAPDF
82 FR 58113 - Safety Zone; Lower Mississippi River, New Orleans, LAPDF
82 FR 58151 - Safety Zone; Lower Mississippi River, New Orleans, LAPDF
82 FR 58147 - Safety Zone; Lower Mississippi River, New Orleans, LAPDF
82 FR 58243 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of a Series of the Cboe Vest S&P 500 Buffer Protect Strategy ETF Under the ETF Series Solutions Trust, Under Rule 14.11(c)(3), Index Fund SharesPDF
82 FR 58235 - Self-Regulatory Organizations; Cboe BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of a Series of the Cboe Vest S&P 500 Enhanced Growth Strategy ETF Under the ETF Series Solutions Trust, Under Rule 14.11(c)(3), Index Fund SharesPDF
82 FR 58240 - Self-Regulatory Organizations; The Nasdaq Stock Market LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 4759PDF
82 FR 58232 - Self-Regulatory Organizations; Nasdaq PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 3304PDF
82 FR 58230 - Self-Regulatory Organizations; The Options Clearing Corporation; Notice of No Objection To Advance Notice Filing Concerning the Use of the Society of Worldwide Interbank Financial Telecommunication (“SWIFT”) Messaging Network in OCC's Cash Settlement ProcessPDF
82 FR 58210 - Submission for OMB Review; Comment RequestPDF
82 FR 58213 - National Institute of Neurological Disorders and Stroke; Notice of Closed MeetingPDF
82 FR 58214 - National Institute of General Medical Sciences; Notice of MeetingPDF
82 FR 58212 - National Institute on Aging; Notice of MeetingPDF
82 FR 58214 - Eunice Kennedy Shriver National Institute of Child Health & Human Development (NICHD); Notice of MeetingPDF
82 FR 58212 - Office of the Director; Amended Notice of MeetingPDF
82 FR 58223 - Information Collection: Public RecordsPDF
82 FR 58201 - Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking ActivitiesPDF
82 FR 58211 - Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Application for Participation in Food and Drug Administration Fellowship ProgramsPDF
82 FR 58275 - Notice of OFAC Sanctions ActionPDF
82 FR 58116 - Air Plan Approval; Minnesota; 2008 Ozone TransportPDF
82 FR 58213 - Submission for OMB Review; 30-Day Comment Request; Generic Clearance To Conduct Formative Research (NIAID)PDF
82 FR 58118 - Findings of Failure To Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards (NAAQS)PDF
82 FR 58217 - Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved CollectionPDF
82 FR 58195 - Adequacy Status of the Metro-East St. Louis, Illinois 2008 Ozone Standard Nonattainment Area for the Submitted Maintenance Plan for Transportation Conformity PurposesPDF
82 FR 58142 - Proposed Establishment of Class E Airspace; Manley Hot Springs, AKPDF
82 FR 58144 - Proposed Establishment of Class E Airspace; Yuma, COPDF
82 FR 58133 - Tomatoes Grown in Florida; Decreased Assessment RatePDF
82 FR 58098 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 58102 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 58280 - System for Regulating Market Dominant Rates and ClassificationsPDF
82 FR 58110 - Airworthiness Directives; Airbus AirplanesPDF
82 FR 58122 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based StandardsPDF
82 FR 58154 - Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based StandardsPDF
82 FR 58140 - Airworthiness Directives; Textron Aviation Inc. AirplanesPDF
82 FR 58156 - Proposed Withdrawal of Certain Federal Water Quality Criteria Applicable to California: Lead, Chlorodibromomethane, and DichlorobromomethanePDF

Issue

82 236 Monday, December 11, 2017 Contents Agricultural Marketing Agricultural Marketing Service RULES Marketing Orders, 58097-58098 2017-26718 PROPOSED RULES Hearings: Milk in the Florida Marketing Area, 58135-58137 2017-26632 Marketing and Handling Requirements: Florida Marketing Area, 58135 2017-26717 Tomatoes Grown in Florida; Decreased Assessment Rate, 58133-58135 2017-26373 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Animal and Plant Health Inspection Service

Animal Animal and Plant Health Inspection Service NOTICES Petitions for Determinations of Nonregulated Status: Nuseed Americas Inc., Canola Genetically Engineered For Altered Oil Profile, 58167-58168 2017-26584 Centers Disease Centers for Disease Control and Prevention NOTICES National Health and Nutrition Examination Survey, Stored Biologic Samples; Proposed Cost Schedule and Guidelines for Proposals to Use Serum, Plasma, and Urine Samples., 58206-58209 2017-26591 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58209-58210 2017-26575 2017-26604 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58210-58211 2017-26553 Civil Rights Civil Rights Commission NOTICES Meetings: Arizona Advisory Committee, 58168 2017-26581 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Vancouver, WA, 58113 2017-26573 Safety Zones: Lower Mississippi River, New Orleans, LA, 58113-58115 2017-26561 PROPOSED RULES Drawbridge Operations: Black River, Port Huron, MI, 58145-58147 2017-26605 Safety Zones: Lower Mississippi River, New Orleans, LA, 58147-58153 2017-26559 2017-26560 2017-26562 Commerce Commerce Department See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Defense Department Defense Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Presolicitation Notice and Response, 58205 2017-26570 Arms Sales, 58187-58191 2017-26566 Comprehensive Autism Care Demonstration for TRICARE Eligible Beneficiaries Diagnosed with Autism Spectrum Disorder; Extension, 58186-58187 2017-26567 Employment and Training Employment and Training Administration NOTICES Environmental Assessments; Availability, etc.: Proposed Rehabilitation or Replacement of Buildings at the Gulfport Job Corps Center, Gulfport, MS, 58218-58219 2017-26579 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Findings of Failure to Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards, 58118-58122 2017-26537 Florida; Stationary Sources Emissions Monitoring; Withdrawal, 58115-58116 2017-26633 Minnesota; 2008 Ozone Transport, 58116-58118 2017-26539 Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector to Incorporate Latest Edition of Certain Industry, Consensus-based Standards, 58122-58129 2017-26085 PROPOSED RULES Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector to Incorporate Latest Edition of Certain Industry, Consensus-based Standards, 58154-58156 2017-26084 Withdrawal of Certain Federal Water Quality Criteria Applicable to California: Lead, Chlorodibromomethane, and Dichlorobromomethane, 58156-58164 2017-25706 NOTICES Adequacy Status: Metro-East St. Louis, IL 2008 Ozone Standard Nonattainment Area for the Submitted Maintenance Plan for Transportation Conformity Purposes, 58195 2017-26533 Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58195-58196 2017-26658 Clean Air Act Operating Permit Program: Petition for Objection to State Operating Permit for PacifiCorp Energy—Hunter Power Plant; Emery County, UT, 58196-58197 2017-26623 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Airplanes, 58098-58107, 58110-58113 2017-26260 2017-26363 2017--26364 Rolls-Royce plc Turbofan Engines, 58107-58109 2017-26572 PROPOSED RULES Airworthiness Directives: Textron Aviation Inc. Airplanes, 58140-58142 2017-26038 Zodiac Seats France, Cabin Attendant Seats, 58137-58139 2017-26571 Establishment of Class E Airspace: Manley Hot Springs, AK, 58142-58143 2017-26502 Yuma, CO, 58144-58145 2017-26501 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Bioterrorism Preparedness Act; Entity/Individual Information, 58216-58217 2017-26576 Federal Deposit Federal Deposit Insurance Corporation NOTICES Terminations of Receivership: American Eagle Savings Bank, Boothwyn, PA, 58200 2017-26643 BankMeridian, N.A., Columbia, SC, 58199 2017-26638 Citizens Bank of Northern California, Nevada City, CA, 58198 2017-26641 Commerce Bank of Southwest Florida, Fort Myers, FL, 58199 2017-26636 First Southern National Bank, Statesboro, GA, 58198 2017-26640 Hometown National Bank, Longview, WA, 58198-58199 2017-26649 LandMark Bank of Florida, Sarasota, FL, 58197 2017-26659 Mirae Bank, Los Angeles, CA, 58198 2017-26634 NBRS Financial, Rising Sun, MD, 58197 2017-26647 Northern Star Bank, Mankato, MN, 58197-58198 2017-26648 Premier Community Bank of the Emerald Coast, Crestview, FL, 58200 2017-26642 Public Savings Bank, Huntingdon Valley, PA, 58199 2017-26639 Riverview Community Bank, Otsego, MN, 58199-58200 2017-26635 Second Federal Savings and Loan Association of Chicago, Chicago, IL, 58200 2017-26644 SolutionsBank; Overland Park, KS, 58198 2017-26637 The First National Bank of Florida, Milton, FL, 58197 2017-26660 The Freedom State Bank, Freedom, OK, 58199 2017-26646 Vantage Point Bank, Horsham, PA, 58200 2017-26645 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 58200-58201 2017-26767 2017-26769 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58191-58193 2017-26653 Combined Filings, 58193-58195 2017-26650 2017-26651 License Applications: Marlow Hydro, LLC, 58193 2017-26654 Petitions for Declaratory Orders: Alabama Power Co., Georgia Power Co., Gulf Power Co., Mississippi Power Co., 58191 2017-26652 Federal Motor Federal Motor Carrier Safety Administration NOTICES Meetings; Sunshine Act, 58257-58258 2017-26722 Qualification of Drivers; Exemption Applications: Diabetes, 58250-58251, 58258-58260 2017-26582 2017-26585 Diabetes Mellitus, 58252-58257 2017-26583 2017-26593 Epilepsy and Seizure Disorders, 58251-58252 2017-26594 Vision, 58260-58265 2017-26595 2017-26596 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58265-58270 2017-26625 2017-26626 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 58201-58202 2017-26545 2017-26580 Proposals to Engage in or to Acquire Companies Engaged in Permissible Nonbanking Activities, 58201 2017-26544 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 58202 2017-26713 Federal Trade Federal Trade Commission NOTICES Early Termination of the Waiting Period under Premerger Notification Rules; Approvals, 58202-58205 2017-26578 Federal Transit Federal Transit Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58270 2017-26574 Limitation on Claims against Proposed Public Transportation Projects, 58270-58271 2017-26563 Fish Fish and Wildlife Service NOTICES Endangered Species Permit Applications, 58215-58216 2017-26616 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Participation in Fellowship Programs, 58211-58212 2017-26543 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 58275 2017-26542 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Presolicitation Notice and Response, 58205 2017-26570 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

Centers for Medicare & Medicaid Services

See

Children and Families Administration

See

Food and Drug Administration

See

National Institutes of Health

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58212 2017-26568
Homeland Homeland Security Department See

Coast Guard

Industry Industry and Security Bureau NOTICES Export Privileges; Denials Shantia Hassanshahi a/k/a Shantia Hassan Shahi a/k/a Shahi a/k/a Shantia Haas a/k/a Sean Haas, 58169-58170 2017-26564 Interior Interior Department See

Fish and Wildlife Service

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58275-58277 2017-26628 2017-26629 2017-26630 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India, 58172-58175 2017-26609 Certain Cold-Rolled Steel Flat Products from the People's Republic of China, 58178-58181 2017-26607 Certain Corrosion-Resistant Steel Products from the People's Republic of China, 58170-58172 2017-26606 Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, 58175-58178 2017-26608 Justice Department Justice Department See

Federal Bureau of Investigation

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58217-58218 2017-26536
Labor Department Labor Department See

Employment and Training Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Analysis of Alternative Strategies for Financing Unemployment Insurance Benefits When Trust Fund Balances are Insufficient, 58219-58220 2017-26668
Library Library of Congress PROPOSED RULES Statutory Cable, Satellite, and DART License Reporting Practices, 58153-58154 2017-26631 NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Presolicitation Notice and Response, 58205 2017-26570 National Credit National Credit Union Administration NOTICES Meetings; Sunshine Act, 58220 2017-26749 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance to Conduct Formative Research, 58213-58214 2017-26538 Meetings: Eunice Kenney Shriver National Institute of Child Health and Human Development, 58214-58215 2017-26549 National Institute of General Medical Sciences, 58214 2017-26551 National Institute of Neurological Disorders and Stroke, 58213 2017-26552 National Institute on Aging, 58212-58213 2017-26550 Office of the Director, 58212 2017-26548 National Oceanic National Oceanic and Atmospheric Administration RULES Pacific Island Fisheries: 2017 Annual Catch Limits and Accountability Measures, 58129-58132 2017-26624 PROPOSED RULES Fisheries of the Northeastern United States: Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2018-2020 Fishing Quotas, 58164-58166 2017-26577 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 58186 2017-26662 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application Forms for Membership on a National Marine Sanctuary Advisory Council, 58185-58186 2017-26663 National Marine Sanctuary Permits, 58181 2017-26664 International Affairs; U.S. Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory Area, 58181-58185 2017-26665 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Records, 58223-58224 2017-26547 License Applications; Amendments: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4; Addition of New Turbine Building Sump Pumps, 58224-58225 2017-26602 U.S. Army Installation Management Command; Davy Crockett M101 Depleted Uranium Spotting Rounds, 58221-58223 2017-26603 Meetings; Sunshine Act, 58220-58221 2017-26705 Personnel Personnel Management Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Make Deposit or Redeposit and Application to Make Service Credit Payment for Civilian Service, 58227-58228 2017-26612 CyberCorps: Scholarship for Service Registration Website, 58227 2017-26614 Marital Status Certification Survey, 58226-58227 2017-26611 Survivor Annuity Election for a Spouse; Cover Letter Giving Information About the Cost to Elect Less than the Maximum Survivor Annuity, etc., 58225-58226 2017-26613 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Applications for Special Permits, 58271-58275 2017-26598 2017-26599 2017-26600 Postal Regulatory Postal Regulatory Commission PROPOSED RULES System for Regulating Market Dominant Rates and Classifications, 58280-58328 2017-26307 NOTICES New Postal Products, 58228-58229 2017-26615 Postal Service Postal Service NOTICES Product Changes: Parcel Select Negotiated Service Agreement, 58230 2017-26590 Priority Mail and First-Class Package Service Negotiated Service Agreement, 58229 2017-26667 Priority Mail Express Negotiated Service Agreement, 58229 2017-26589 Priority Mail Negotiated Service Agreement, 58229-58230 2017-26586 2017-26587 2017-26588 2017-26666 Presidential Documents Presidential Documents PROCLAMATIONS Israel; Provision for Relocation of U.S. Embassy to Jerusalem and U.S. Recognition of Jerusalem as Capital (Proc. 9683), 58329-58332 2017-26832 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 58235-58240, 58243-58248 2017-26557 2017-26558 Nasdaq PHLX LLC, 58232-58235 2017-26555 Nasdaq Stock Market LLC, 58240-58243 2017-26556 Options Clearing Corp., 58230-58232 2017-26554 State Department State Department NOTICES Determination of Use of Emergency Reserve Fund, 58248 2017-26601 Trade Representative Trade Representative, Office of United States NOTICES Procurement Thresholds for Implementation of the Trade Agreements Act of 1979, 58248-58250 2017-26597 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Federal Transit Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

See

Internal Revenue Service

See

United States Mint

U.S. Mint United States Mint NOTICES Product Pricing: 2018 World War I Centennial Silver Dollar, 58277 2017-26610 Separate Parts In This Issue Part II Postal Regulatory Commission, 58280-58328 2017-26307 Part III Presidential Documents, 58329-58332 2017-26832 Reader Aids

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82 236 Monday, December 11, 2017 Rules and Regulations DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Parts 900 and 1200 [Doc. No. AMS-SC-17-0081] RIN 0581-AD74 Rules of Practice and Procedures To Formulate or Amend a Marketing Agreement, a Marketing Order, or Certain Research and Promotion Orders AGENCY:

Agricultural Marketing Service, USDA.

ACTION:

Final rule.

SUMMARY:

The Agricultural Marketing Service (AMS) of the United States Department of Agriculture (USDA) is adopting a final rule to amend the definition of “judge” in the rules of practice and procedure to formulate or amend a marketing agreement, marketing order, or certain research and promotion orders. The new definition adds a presiding official appointed by the Secretary, as well as an administrative law judge, as an official who may preside over the rulemaking hearing.

DATES:

Effective Date: December 11, 2017.

FOR FURTHER INFORMATION CONTACT:

William Richmond, Acting Chief of Staff, AMS, 1400 Independence Avenue SW., Washington, DC 20250, (202) 720-5115.

SUPPLEMENTARY INFORMATION:

AMS is issuing this final rule to amend the definition of “judge” in the rules of practice and procedure to formulate or amend a marketing agreement, marketing order, or certain research and promotion orders under 7 CFR part 900 and 1200.

AMS has rules of practice and procedure to formulate marketing agreements and marketing orders under 7 CFR part 900. Those rules of practice and procedure are applicable to proceedings under the Agricultural Marketing Agreement Act of 1937, as amended [50 Stat. 246]. In addition, rules of practice and procedure also exist for proceedings under the Cotton Research and Promotion Act, as amended [7 U.S.C. 2101-2119], the Egg Research and Consumer Information Act, as amended [7 U.S.C. 2701-2718], the Pork Promotion, Research, and Consumer Information Act [7 U.S.C. 4801-4819], and the Potato Research and Promotion Act, as amended [7 U.S.C. 2611-2627]. Those rules appear under 7 CFR part 1200.

The Administrative Procedure Act (APA) prescribes general procedures for agency rulemaking. See 5 U.S.C. 553. For rulemaking hearings, the APA provides “there shall preside at the taking of evidence (1) the agency; (2) one or more members of the body which compromise the agency; or (3) one or more administrative law judges appointed under section 3105 of this title.” 5 U.S.C. 556(b). Under both 7 CFR parts 900 and 1200, as defined, “judge” is limited to “any administrative law judge appointed pursuant to 5 U.S.C. 3105, and assigned to conduct the proceeding.” 7 CFR 900.2(d), 900.51(d), 1200.2(f), and 1200.51(g). In order to better align with the provisions the APA, USDA is amending the definition of “judge” in both 7 CFR parts 900 and 1200 to include a presiding official appointed by the Secretary. This revision to the definition of “judge” will provide AMS with the flexibility to have a presiding official assigned to a hearing in the event that an ALJ is not available for the assignment or as circumstances warrant.

5 U.S.C. 553, 601, and 804

This final rule establishes agency rules of practice and procedure. Under the APA, prior notice and opportunity for comment are not required for the promulgation of agency rules of practice and procedure. 5 U.S.C. 553(b)(3)(A). Only substantive rules require publication 30 days prior to their effective date. 5 U.S.C. 553(d). Moreover, this final rule is necessary to carry out an upcoming hearing on an emergency amendment to the Florida Federal Milk Marketing Order as part of the Government's response to hurricane relief efforts. Therefore, this final rule is effective upon publication in the Federal Register.

Furthermore, under 5 U.S.C. 804, this rule is not subject to Congressional review under the Small Business Regulatory Enforcement Fairness Act of 1996, Public Law 104-121. In addition, because prior notice and opportunity for comment are not required to be provided for this final rule, this rule is exempt from the requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.

Executive Orders 12866 and 13563

This rule does not meet the definition of a significant regulatory action under section 3(f) of Executive Order 12866, Regulatory Planning and Review, as supplemented by Executive Order 13563. Because this rule is not a significant regulatory action, it has not been reviewed by the Office of Management and Budget.

Executive Order 13771

Additionally, because this rule does not meet the definition of a significant regulatory action it does not trigger the requirements of Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017 titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule is not intended to have retroactive effect. This rule will not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule. There are no administrative proceedings that must be exhausted before parties may file suit in court challenging this rule.

Executive Order 13132

This rule has been reviewed in accordance with the requirements of Executive Order 13132, Federalism. The review reveals that this rule does not contain policies with federalism implications sufficient to warrant federalism consultation under Executive Order 13132.

Executive Order 13175

This rule has been reviewed in accordance with the requirements of Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. The review reveals that this regulation would not have substantial and direct effects on tribal governments and would not have significant tribal implications.

Paperwork Reduction Act

This rule contains no information collections or recordkeeping requirements under the Paperwork Reduction Act of 1995 [44 U.S.C. 3501 et seq.].

List of Subjects 7 CFR Part 900

Administrative practice and procedure, Freedom of information, Marketing agreements, Reporting and recordkeeping requirements.

7 CFR Part 1200

Administrative practice and procedure, Advertising, Blueberries, Consumer information, Cotton, Dairy, Eggs, Fluid milk, Honey, Marketing agreements, Mushrooms, Peanuts, Popcorn, Pork, Potatoes, Promotion, Reporting and recordkeeping requirements, Soybeans, Watermelons.

Accordingly, 7 CFR parts 900 and 1200 are amended to as follows:

PART 900—GENERAL REGULATIONS 1. The authority citation for part 900 continues to read as follows: Authority:

7 U.S.C. 601-674 and 7 U.S.C. 7401.

Subpart—Rules of Practice and Procedure Governing Proceedings To Formulate Marketing Agreements and Marketing Orders 2. The authority citation for this subpart continues to read as follows: Authority:

7 U.S.C. 610.

3. In § 900.2, revise paragraph (d) to read as follows:
§ 900.2 Definitions.

(d) The term judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding.

Subpart—Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Marketing Orders 4. The authority citation for this subpart continues to read as follows: Authority:

7 U.S.C. 608c.

5. In § 900.51 revise paragraph (d) to read as follows:
§ 900.51 Definitions.

(d) The term judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding.

PART 1200—RULES OF PRACTICE AND PROCEDURE GOVERNING PROCEEDINGS UNDER RESEARCH, PROMOTION, AND INFORMATION PROGRAMS 6. The authority for part 1200 continues to read as follows: Authority:

7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 6106, 6306, 6410, 7418, and 7486.

Subpart A—Rules of Practice and Procedure Governing Proceedings To Formulate and Amend an Order 7. The authority for subpart A continues to read as follows: Authority:

7 U.S.C. 2103, 2614, 2704, and 4804.

8. In § 1200.2, revise paragraph (f) to read as follows:
§ 1200.2 Definitions.

(f) Judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding.

Subpart B—Rules of Practice Governing Proceedings on Petitions To Modify or To Be Exempted From Research, Promotion and Information Programs 9. The authority for subpart B continues to read as follows: Authority:

7 U.S.C. 2111, 2620, 2713, 4509, 4609, 4814, 4909, 6008, 6106, 6306, 6410, 6807, 7106, 7418, 7486, and 7806.

10. In § 1200.51, revise paragraph (g) to read as follows:
§ 1200.51 Definitions.

(g) Judge means any administrative law judge appointed pursuant to 5 U.S.C. 3105 or any presiding official appointed by the Secretary, and assigned to conduct the proceeding.

Dated: December 7, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
[FR Doc. 2017-26718 Filed 12-8-17; 8:45 am] BILLING CODE 3410-02-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0625; Product Identifier 2016-NM-089-AD; Amendment 39-19118; AD 2017-25-04] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2014-22-08, which applied to all Airbus Model A318 and A319 series airplanes; Model A320-111, -211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2014-22-08 required revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements. This new AD requires revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements, and removes airplanes from the applicability. This AD was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective January 16, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of January 16, 2018.

The Director of the Federal Register approved the incorporation by reference of a certain other publication listed in this AD as of December 17, 2014 (79 FR 67042, November 12, 2014).

ADDRESSES:

For service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0625.

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-2017-0625; 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 address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION:

Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014) (“AD 2014-22-08”). AD 2014-22-08 applied to all Airbus Model A318 and A319 series airplanes; Model A320-111, -211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 27, 2017 (82 FR 29016). The NPRM was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. The NPRM proposed to revise the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements, and to remove airplanes from the applicability. We are issuing this AD to prevent a safety-significant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0092, dated May 13, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The MCAI states:

The airworthiness limitations for Airbus A320 family aeroplanes are currently defined and published in Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) documents. The airworthiness limitations applicable to the Certification Maintenance Requirements (CMR), which are approved by EASA, are published in ALS Part 3.

The instructions contained in the ALS Part 3 have been identified as mandatory actions for continued airworthiness. Failure to comply with these instructions could result in an unsafe condition.

Previously, EASA issued AD 2013-0148 [which corresponds to FAA AD 2014-22-08] to require accomplishment of all maintenance tasks as described in ALS Part 3 at Revision 01. The new ALS Part 3 Revision 03 (hereafter referred to as `the ALS' in this [EASA] AD) includes new and/or more restrictive requirements.

For the reason described above, this [EASA] AD retains the requirements of EASA AD 2013-0148, which is superseded, and requires accomplishment of all maintenance tasks as described in the ALS.

The unsafe condition is a safety-significant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition. 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-2017-0625.

Comments

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

Request To Revise Cost Estimate

Delta Airlines (DAL) requested that we revise the cost estimate of the proposed AD. DAL pointed out that revising the maintenance or inspection program to incorporate new or revised airworthiness limitation requirements is a fleet-based effort. DAL stated that it estimates the cost to be 200 work-hours per operator, which would total $17,000 per operator. DAL also stated that each operator would incur a similar cost that is independent of fleet size.

We disagree with the request to revise the cost estimate. The cost estimate in ADs is based on an estimated cost per airplane regardless of any operator's fleet size, which varies by operator. Additionally, the cost estimate describes only the direct costs and time necessary to perform the specific actions required by this AD. We recognize that, in doing the actions required by an AD, operators might incur incidental costs in addition to the direct costs. The cost analysis in AD rulemaking actions, however, typically does not include incidental costs such as the time necessary for planning or time necessitated by other administrative actions. Those incidental costs, which might vary significantly among operators, are almost impossible to calculate. We have not changed this AD in this regard.

Requests To Revise Previously Approved Alternative Method of Compliance (AMOC) Provisions

DAL requested that we revise paragraph (k)(1)(ii) of the proposed AD from approving previously approved AMOCs for AD 2014-22-08 as AMOCs for the corresponding provisions of paragraph (g) of the proposed AD, to being approved for the corresponding provisions of paragraph (i) of the proposed AD. DAL pointed out that this change would allow the AMOCs previously approved for AD 2014-22-08 to be applicable to both paragraphs (g) and (i) of the proposed AD, eliminating the need for new AMOCs to address issues identified in AD 2014-22-08 and carried over to the proposed AD.

Spirit Airlines noted that, based on paragraph (k)(1)(ii) of the proposed AD, AMOCs approved for AD 2014-22-08 would not be valid for the new requirements of paragraph (i) of the proposed AD.

We agree that certain AMOCs approved for AD 2014-22-08 are approved for the corresponding provisions of this AD. We have added paragraph (k)(1)(iii) to this AD to specify that the certain previous AMOCs that are approved for AD 2014-22-08 are approved as AMOCs for the corresponding provisions of paragraph (i) of this AD. The previous AMOCs include Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 05, dated April 6, 2017.

Request To Cite Latest Revision of the Service Information

Spirit Airlines requested that we refer to Revision 05, dated April 6, 2017, of Airbus A318/A319/A320/A321 ALS Part 3, CMR, (“ALS Part 3”) in paragraph (i) of this AD (we referred to Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 03, dated December 21, 2015 (“Airbus A318/A319/A320/A321 ALS Part 3, Revision 03”), as the appropriate source of service information for accomplishing the revision specified in paragraph (i) of the proposed AD).

We do not agree with the request to specify the revised service information in this final rule. The revised service information includes new and more restrictive items and is applicable to additional airplanes. To require incorporation of the revised service information, we would have to issue a supplement NPRM for public comment and would incur undue delay in issuance of the final rule. In addition, EASA has not published an AD mandating Revision 05, dated April 6, 2017, of ALS Part 3. We are considering further rulemaking to supersede this final rule to require incorporating the revised service information. We have made no change to this AD in this regard.

Request To Allow the of Use Later Approved Revisions of the Service Information

DAL requested that we allow the use of later approved revisions of Airbus A318/A319/A320/A321 ALS Part 3. DAL stated that permitting later approved revisions would reduce the number of requests for an AMOC. DAL also mentioned that Airbus has requested approval of Variation 5.1, of ALS Part 3, as an AMOC to AD 2014-22-08.

We do not agree with DAL's request to allow the use of later approved revisions of Airbus A318/A319/A320/A321 ALS Part 3. We cannot use the phrase, “or later approved revisions,” in an AD when referring to the service document because doing so violates Office of the Federal Register (OFR) regulations for approval of materials “incorporated by reference” in rules. However, as stated previously, we have revised this AD to specify that AMOCs approved for AD 2014-22-08 are approved for the corresponding provisions of this AD.

Conclusion

We reviewed the available data, including 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 changes:

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015. This service information describes maintenance instructions and airworthiness limitations, including updated inspections and intervals, to be incorporated into the maintenance or inspection program. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

Costs of Compliance

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

The actions required by AD 2014-22-08, and retained in this AD take about 1 work-hour per product, at an average labor rate of $85 per work-hour. Based on these figures, the estimated cost of the actions that are required by AD 2014-22-08 is $85 per product.

We also estimate that it would take about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $87,720, or $85 per product.

Authority for This Rulemaking

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

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

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

Regulatory Findings

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

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

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

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

3. Will not affect intrastate aviation in Alaska; and

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

List of Subjects in 14 CFR Part 39

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

Adoption of the Amendment

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

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

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

§ 39.13 [Amended]
2. The FAA amends § 39.13 by removing Airworthiness Directive (AD) 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014), and adding the following new AD: 2017-25-04 Airbus: Amendment 39-19118; Docket No. FAA-2017-0625; Product Identifier 2016-NM-089-AD. (a) Effective Date

This AD is effective January 16, 2018.

(b) Affected ADs

This AD replaces AD 2014-22-08, Amendment 39-18013 (79 FR 67042, November 12, 2014) (“AD 2014-22-08”).

(c) Applicability

This AD applies to the Airbus airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, with an original certificate of airworthiness or original export certificate of airworthiness issued on or before December 21, 2015.

(1) Model A318-111, -112, -121, and -122 airplanes.

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

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

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

(d) Subject

Air Transport Association (ATA) of America Code 05, Time Limits/Maintenance Checks.

(e) Reason

This AD was prompted by a determination that more restrictive maintenance instructions and airworthiness limitations are necessary. We are issuing this AD to prevent a safety-significant latent failure (that is not annunciated), which, in combination with one or more other specific failures or events, could result in a hazardous or catastrophic failure condition.

(f) Compliance

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

(g) Retained Maintenance or Inspection Program Revision, With New Terminating Action

This paragraph restates the requirements of paragraph (g) of AD 2014-22-08, with new terminating action. Within 30 days after December 17, 2014 (the effective date of AD 2014-22-08), revise the maintenance or inspection program, as applicable, by incorporating Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 1, dated June 15, 2012. The initial compliance time for accomplishing the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 1, dated June 15, 2012, is at the applicable time specified in the Record of Revisions of Airbus A318/A319/A320/A321 ALS Part 3, CMR, Revision 1, dated June 15, 2012; or within 30 days after December 17, 2014 (the effective date of AD 2014-22-08), whichever occurs later. Accomplishing the actions specified in paragraph (i) of this AD terminates the requirements of this paragraph.

(h) Retained Provision Regarding Alternative Actions and Intervals, With a New Exception

This paragraph restates the requirements of paragraph (h) of AD 2014-22-08, with a new exception. Except as required by paragraph (i) of this AD, after accomplishing the revisions 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)(1) of this AD.

(i) New Maintenance or Inspection Program Revision

Within 30 days after the effective date of this AD: Revise the maintenance or inspection program, as applicable, to incorporate Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015 (“Airbus A318/A319/A320/A321 ALS Part 3, Revision 03”). The initial compliance time for accomplishing the tasks specified in Airbus A318/A319/A320/A321 ALS Part 3, Revision 03, is at the applicable time specified in Airbus A318/A319/A320/A321 ALS Part 3, Revision 03, or within 30 days after the effective date of this AD, whichever occurs later. Accomplishing the actions specified in this paragraph terminates the requirements of paragraph (g) of this AD.

(j) New Provision Regarding No Alternative Actions or Intervals

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

(k) Other FAA AD Provisions

The following provisions also apply to this AD:

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

(i) 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.

(ii) AMOCs approved previously for AD 2014-22-08 are approved as AMOCs for the corresponding provisions of paragraph (g) this AD.

(iii) AMOCs approved previously for AD 2014-22-08, which are included in the FAA AMOC letters specified in paragraphs (k)(1)(iii)(A) and (k)(1)(iii)(B), are approved as AMOCs for the corresponding provisions of paragraph (i) of this AD.

(A) FAA AMOC letter ANM-116-17-002R1, dated November 14, 2016.

(B) FAA AMOC letter ANM-116-17-323, dated June 12, 2017.

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

(l) Related Information

(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0092, dated May 13, 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-2017-0625.

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

(m) Material Incorporated by Reference

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

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

(3) The following service information was approved for IBR on January 16, 2018.

(i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 03, dated December 21, 2015.

(ii) Reserved.

(4) The following service information was approved for IBR on December 17, 2014 (79 FR 67042, November 12, 2014).

(i) Airbus A318/A319/A320/A321 Airworthiness Limitations Section (ALS) Part 3, Certification Maintenance Requirements (CMR), Revision 1, dated June 15, 2012.

(ii) Reserved.

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

(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 November 29, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
[FR Doc. 2017-26364 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0556; Product Identifier 2016-NM-098-AD; Amendment 39-19119; AD 2017-25-05] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

ACTION:

Final rule.

SUMMARY:

We are superseding Airworthiness Directive (AD) 2012-23-10, which applied to all Airbus Model A318 series airplanes; Model A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. AD 2012-23-10 required modifying the affected slide rafts. This AD retains the requirements of AD 2012-23-10. This AD also requires replacing each escape slide pack assembly having a certain part number with a new escape slide pack assembly. This AD was prompted by reports of the escape raft inflation system not deploying when activated due to the rotation of the cable guide in a direction that resulted in jamming of the inflation control cable. We are issuing this AD to address the unsafe condition on these products.

DATES:

This AD is effective January 16, 2018.

The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 16, 2018.

The Director of the Federal Register approved the incorporation by reference of certain other publications listed in this AD as of December 31, 2012 (77 FR 70369, November 26, 2012).

ADDRESSES:

For Airbus service information identified in this final rule, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. For Zodiac Aerospace service information identified in this AD, contact Air Cruisers, Cage Code 70167, 1747 State Route 34, Wall Township, NJ 07727-3935; telephone: (732) 681-3527; Internet: http://www.zodiacaerospace.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-2017-0556.

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 2017-0556; 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 address for the Docket Office (telephone 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Discussion

We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2012-23-10, Amendment 39-17266 (77 FR 70369, November 26, 2012) (“AD 2012-23-10”). AD 2012-23-10 applied to all Airbus Model A318 series airplanes; Model A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 23, 2017 (82 FR 28599). The NPRM was prompted by reports of the escape raft inflation system not deploying when activated due to the rotation of the cable guide in a direction that resulted in jamming of the inflation control cable.

The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0043, dated March 4, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A318, A319, A320, and A321 series airplanes. The MCAI states:

Two occurrences were reported on Airbus A320 family aeroplanes where the escape slide raft inflation system did not deploy when activated. This was due to the rotation of the cable guide in a direction, which resulted in jamming of the inflation control cable. Additionally, one case was reported where the system did not deploy properly due to a cracked inflation hose fitting. Investigation conducted by Air Cruisers Company [Zodiac Aero Evacuation Systems], the slide raft manufacturer, showed that the hose fitting could be subject to a bending moment, if improperly packed. Consequently, the hose fitting could separate from the reservoir and the inflation of the slide raft would be impaired.

This condition, if not corrected, could delay the evacuation from the aeroplane in case of emergency, possibly resulting in injury to the occupants.

To address this potential unsafe condition, DGAC France issued AD F-2004-072 [which correlates with FAA AD 2004-26-07, Amendment 39-13919 (70 FR 1176, January 6, 2005)], to introduce an inflation hose retainer preventing an incomplete inflation of emergency escape slides, which could delay passenger evacuation, and EASA issued AD 2011-0160 (later revised twice) to require modification of the affected slide rafts or replacement thereof with modified units.

Since EASA AD 2011-0160R2 [which correlates with FAA AD 2012-23-10 and was issued as a stand-alone, non-superseding AD] was issued, Air Cruisers [Zodiac Aero Evacuation Systems] developed a modification of the slide and slide/raft, part of the escape slide pack assemblies, to improve its deployment. Modified slides and slide/rafts are identified by a different Part Number (P/N); consequently, also the escape slide pack assemblies are identified by a different P/N.

For the reasons described above, this [EASA] AD retains the requirements of DGAC France AD F-2004-072 (EASA approval 2004-5335) and EASA AD 2011-0160R2, which are superseded, and requires installation of modified escape slide pack assemblies.

Appendix 1 of this [EASA] AD provides a comprehensive list of escape slide pack assemblies P/N that, at the issue date of the [EASA] AD, are not approved for further installation on any aeroplane.

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 2017-0556.

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. The Air Line Pilots Association, International supported the NPRM.

Request To Extend the Compliance Time

United Airlines (UAL) requested that the compliance time in the proposed AD be extended from 36 months to 42 months. UAL stated that this will allow sufficient time to purge the stock and order parts from the supplier.

We disagree with the commenter's request. UAL has not provided suitable rationale to justify that extending the compliance time will ensure the safety of the affected fleet. In developing the appropriate compliance time for this action, we considered the safety implications, parts availability, and normal maintenance schedules for timely accomplishment of this modification. We have determined that 36 months will ensure an acceptable level of safety and provide sufficient time to order parts and accomplish the required modification. We have not changed this AD in this regard.

Request To Allow Interchangeable Parts

Delta Airlines (DAL) requested an allowance for interchangeable parts. DAL stated that paragraph (l) of the proposed AD specifies the replacement of “old” escape slide packs with corresponding “new” escape slide packs. DAL stated that paragraph (l) of the proposed AD does not allow the replacement of an “old” slide pack with an alternative “new” slide pack that might be fully interchangeable with the one that is mandated. DAL commented that, for example, an airplane with a part number (P/N) D30664-505 slide pack already installed must be replaced with a P/N D30664-705 slide pack. DAL stated that, however, P/N D30664-705 and P/N D30664-709 have incorporated Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 1, dated September 18, 2015, and are fully interchangeable on DAL airplanes. DAL also commented that paragraph (l) of the proposed AD limits operational flexibility for accomplishing the intent of the NPRM.

We disagree with the commenter's request because Airbus has defined the specific configuration of the pack assemblies that mitigate the risk addressed in this AD. We are not aware of any data that substantiates the interchanging of those parts referenced in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD, except as provided in paragraph (o)(3) of this AD. Operators may request approval of an alternative method of compliance (AMOC) supported by appropriate substantiating data, under the provisions of paragraph (q)(1) of this AD. We have not changed this AD in this regard.

Request for Means of Compliance

UAL requested that operators be allowed to demonstrate compliance by means of a technical records review for the accomplishment of the related Zodiac Aero Evacuation Systems service information.

We contacted UAL to clarify their request. Based on UAL's clarification, we concluded that UAL is requesting the accomplishment of a records review as an acceptable method for demonstrating compliance to the modification of spare parts specified in paragraph (m)(2) of this AD. We agree with UAL that a records review can be used to verify the modification specified in paragraph (m)(2) of this AD has been done as specified in the Zodiac Aero Evacuation Systems service information identified in that paragraph. We have not changed this AD in this regard.

Request To Use the Latest Service Information

UAL stated that it would like to highlight that Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 1, dated September 18, 2015; and Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-97, Revision 1, dated September 18, 2015, are now at Revision 2. UAL also commented that Airbus Service Bulletin A320-25-1B82, Revision 01, dated December 10, 2015, is at Revision 2.

We infer that UAL is requesting that we use the latest service information in this AD. We agree with the commenter's request and have revised paragraphs (m)(1)(ii) and (m)(2) of this AD accordingly. We have also revised paragraph (p) of this AD to give credit for previous actions accomplished before the effective date of this AD using earlier versions of the service information.

Conclusion

We reviewed the available data, including 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 changes:

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

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

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

Related Service Information Under 1 CFR Part 51

Airbus has issued the following service information, which describes procedures for replacing certain escape slide pack assemblies. These documents are distinct since they apply to different airplane models in different configurations.

• Service Bulletin A320-25-1B81, Revision 01, dated December 10, 2015.

• Service Bulletin A320-25-1B82, Revision 02, dated July 6, 2017.

• Service Bulletin A320-25-1B83, Revision 01, dated December 10, 2015.

• Service Bulletin A320-25-1B84, Revision 01, dated December 10, 2015.

Zodiac Aerospace has issued Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 2, dated April 29, 2016; and Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-97, Revision 2, dated September 1, 2016. This service information describes procedures for modification of the escape slide pack. These documents are distinct since they apply to different airplane models in different configurations.

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

Costs of Compliance

We estimate that this AD affects 959 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
  • Modification and installation (retained actions from AD 2012-23-10) 19 work-hours × $85 per hour = $1,615 $341 $1,956 $1,875,804 Replacement and modification (new action) 6 work-hours × $85 per hour = $510 0 510 489,090
    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) 2012-23-10, Amendment 39-17266 (77 FR 70369, November 26, 2010), and adding the following new AD: 2017-25-05 Airbus: Amendment 39-19119; Docket No. FAA 2017-0556; Product Identifier 2016-NM-098-AD. (a) Effective Date

    This AD is effective January 16, 2018.

    (b) Affected ADs

    This AD replaces AD 2012-23-10, Amendment 39-17266 (77 FR 70369, November 26, 2012) (“AD 2012-23-10”).

    (c) Applicability

    This AD applies to all Airbus Model A318-111, -112, -121, and -122 airplanes; Model A319-111, -112, -113, -114, -115, -131, -132, and -133 airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes; certificated in any category; all manufacturer serial numbers.

    (d) Subject

    Air Transport Association (ATA) of America Code 25, Equipment/Furnishings.

    (e) Reason

    This AD was prompted by reports of the escape raft inflation system not deploying when activated due to the rotation of the cable guide in a direction which resulted in jamming of the inflation control cable. We are issuing this AD to prevent non-deployment of the escape slide raft, which could result in delayed evacuation from the airplane during an emergency and consequent injury to passengers.

    (f) Compliance

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

    (g) Retained: Modification, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 2012-23-10, with no changes. Except as provided by paragraph (i) of this AD, within 36 months after December 31, 2012 (the effective date of AD 2012-23-10): Modify the escape slide rafts that have a part number (P/N) specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1723, dated December 17, 2010 (for Model A319, A320, and A321 series airplanes); or Airbus Service Bulletin A320-25-1724, dated December 17, 2010 (for Model A318 series airplanes).

    Figure 1 to Paragraphs (g), (j)(1), and (j)(2) of This AD—Escape Slide Rafts Air Cruisers and Aerazur Escape Slide Rafts Part No. if Fitted With a Reservoir and Valve Assembly P/N D18309-105 or P/N D18309-205 D30664-105 D30665-105 D30664-107 D30665-107 D30664-109 D30665-109 D30664-305 D30665-305 D30664-307 D30665-307 D30664-309 D30665-309 D30664-311 D30665-311 (h) Retained: Replacement in Accordance With Air Cruisers Service Bulletin, With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 2012-23-10, with no changes. Replacement of all affected escape slide rafts on any affected airplane with slide rafts that have been modified in accordance with the Accomplishment Instructions of Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 2, dated January 3, 2012, is acceptable for compliance with the requirements of paragraph (g) of this AD, provided that prior to or concurrently with accomplishing the modification, the installation of the cable guide assembly is done in accordance with the Accomplishment Instructions of Air Cruisers Service Bulletin S.B. A320 004-25-56, dated November 12, 1999.

    (i) Retained: Airplanes Not Affected by Paragraph (g) of This AD, With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 2012-23-10, with no changes. Before the effective date of this AD: Airplanes on which Airbus Modification 151459 or Modification 151502 has been embodied in production, and on which no escape slide raft replacements have been made since first flight, are not affected by the requirement specified in paragraph (g) of this AD.

    (j) Retained: Parts Installation Limitations, With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 2012-23-10, with no changes.

    (1) For airplanes other than those identified in paragraph (i) of this AD: After accomplishment of the modification required by paragraph (g) of this AD or after accomplishment of the alternative modification specified in paragraph (h) of this AD, no person may install, on any airplane, an escape slide raft specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD, unless it has been modified in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1723, dated December 17, 2010 (for Model A319, A320, and A321 series airplanes); Airbus Service Bulletin A320-25-1724, dated December 17, 2010 (for Model A318 series airplanes); or Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 2, dated January 3, 2012 (for Model A318, A319, A320, and A321 series airplanes), including the installation of the cable guide assembly in accordance with the Accomplishment Instructions of Air Cruisers Service Bulletin S.B. A320 004-25-56, dated November 12, 1999.

    (2) For airplanes identified in paragraph (i) of this AD: As of December 31, 2012 (the effective date of AD 2012-23-10), no person may install, on any airplane, an escape slide raft specified in figure 1 to paragraphs (g), (j)(1), and (j)(2) of this AD, unless it has been modified in accordance with the Accomplishment Instructions of Airbus Service Bulletin A320-25-1723, dated December 17, 2010 (for Model A319, A320, and A321 series airplanes); Airbus Service Bulletin A320-25-1724, dated December 17, 2010 (for Model A318 series airplanes); or Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 2, dated January 3, 2012 (for Model A318, A319, A320, and A321 series airplanes), including the installation of the cable guide assembly in accordance with the Accomplishment Instructions of Air Cruisers Service Bulletin S.B. A320 004-25-56, dated November 12, 1999.

    (k) Retained: Credit for Previous Actions, With No Changes

    This paragraph restates the requirements of paragraph (k) of AD 2012-23-10, with no changes. This paragraph provides credit for the actions required by paragraphs (h) and (j) of this AD, if those actions were performed before December 31, 2012 (the effective date of AD 2012-23-10), using Air Cruisers Service Bulletin S.B. A320 004-25-85, dated November 30, 2010; or Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 1, dated September 30, 2011; which are not incorporated by reference in this AD.

    (l) New: Replacement

    Within 36 months after the effective date of this AD, replace each escape slide pack assembly having a part number identified as “old” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD, with a new escape slide pack assembly having the corresponding part number identified as “new” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD, using a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).

    Table 1 to Paragraphs (l), (m)(2), (n)(2), and (o)(1) of This AD—Air Cruisers and Aerazur Escape Slide Pack Assemblies Affected by Paragraph (1) of This AD Escape slide
  • pack assembly
  • part No.—Old
  • Escape slide
  • pack assembly
  • part No.—New
  • D30664-405 D30664-605 D30664-407 D30664-607 D30664-409 D30664-609 D30664-505 D30664-705 D30664-507 D30664-707 D30664-509 D30664-709 D30664-511 D30664-711 D30665-405 D30665-605 D30665-407 D30665-607 D30665-409 D30665-609 D30665-505 D30665-705 D30665-507 D30665-707 D30665-509 D30665-709 D30665-511 D30665-711 D31516-119 D31516-619 D31516-121 D31516-621 D31516-123 D31516-623 D31516-125 D31516-625 D31516-315 D31516-615 D31516-317 D31516-617 D31516-415 D31516-715 D31516-417 D31516-717 D31516-519 D31516-719 D31516-521 D31516-721 D31516-523 D31516-723 D31516-525 D31516-725 D31517-119 D31517-619 D31517-121 D31517-621 D31517-123 D31517-623 D31517-125 D31517-625 D31517-315 D31517-615 D31517-317 D31517-617 D31517-415 D31517-715 D31517-417 D31517-717 D31517-519 D31517-719 D31517-521 D31517-721 D31517-523 D31517-723 D31517-525 D31517-725
    (m) New: Modification

    (1) Modification of an airplane in accordance with the Accomplishment Instructions of the applicable service information specified in paragraphs (m)(1)(i) through (m)(1)(iv) of this AD, as applicable to the airplane model and escape slide pack assembly part number, is an acceptable method of compliance with the requirements of paragraph (l) of this AD for that airplane.

    (i) Airbus Service Bulletin A320-25-1B81, Revision 01, dated December 10, 2015 (for airplanes equipped with slide/rafts having P/Ns D30664-405, D30664-407, D30664-409, D30664-505, D30664-507, D30664-509, D30664-511, D30665-405, D30665-407, D30665-409, D30665-505, D30665-507, D30665-509, and D30665-511).

    (ii) Airbus Service Bulletin A320-25-1B82, Revision 02, dated July 6, 2017 (for airplanes equipped with slides having P/Ns D31516-121, D31516-125, D31516-317, D31516-417, D31516-525, D31517-121, D31517-125, D31517-317, D31517-417, and D31517-525).

    (iii) Airbus Service Bulletin A320-25-1B83, Revision 01, dated December 10, 2015 (for airplanes equipped with slides with re-entry line P/Ns D31516-119, D31516-123, D31516-519, D31516-523, D31516-315, D31516-415, D31517-119, D31517-123, D31517-519, D31517-523, D31517-315, and D31517-415).

    (iv) Airbus Service Bulletin A320-25-1B84, Revision 01, dated December 10, 2015 (for airplanes equipped with slides with Dual Fastener P/N D31516-521 and D31517-521).

    (2) An escape slide pack assembly not installed on an airplane and having a part number identified as “old” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD may be modified to the corresponding part number identified as “new” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD, in accordance with Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 2, dated April 29, 2016; and Zodiac Aero Evacuations Systems Service Bulletin S.B. A320 004-25-97, Revision 2, dated September 1, 2016; as applicable.

    (n) New: Airplanes Not Affected

    (1) An airplane on which Airbus Modification 151459 or Modification 151502 has been embodied in production is not affected by the requirements of paragraph (g) of this AD, provided it is determined that no escape slide pack assembly having a part number specified in figure 2 to paragraphs (n) and (o)(2) of this AD, figure 3 to paragraphs (n) and (o)(2) of this AD, or figure 4 to paragraphs (n) and (o)(2) of this AD, is installed on that airplane as of the effective date of this AD.

    (2) An airplane on which Airbus Modification 156766, Modification 156767, Modification 156768, Modification 156769, or Modification 156770 has been embodied in production is not affected by the requirements of paragraphs (g) and (l) of this AD, provided that it is determined that no escape slide raft having a part number identified in figure 2 to paragraphs (n) and (o)(2) of this AD, figure 3 to paragraphs (n) and (o)(2) of this AD, or figure 4 to paragraphs (n) and (o)(2) of this AD, or having a part number identified as “old” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD, is installed on that airplane as of the effective date of this AD.

    Figure 2 to Paragraphs (n) and (o)(2) of This AD—Air Cruisers and Aerazur Escape Slide Pack Assemblies Affected by Paragraph (1) of This AD Part No. D31516-111 D31517-111 D31516-113 D31517-113 D31516-115 D31517-115 D31516-117 D31517-117 D31516-311 D31517-311 D31516-313 D31517-313 Figure 3 to Paragraphs (n) and (o)(2) of This AD—Air Cruisers and Aerazur Escape Slide Pack Assemblies Affected by Paragraphs (g) and (h) of This AD [If fitted with a Reservoir and Valve Assembly P/N D18309-105 or P/N D18309-205] Part No. D30664-105 D30665-105 D30664-107 D30665-107 D30664-109 D30665-109 D30664-305 D30665-305 D30664-307 D30665-307 D30664-309 D30665-309 D30664-311 D30665-311 Figure 4 to Paragraphs (n) and (o)(2) of This AD—Air Cruisers and Aerazur Escape Slide Pack Assemblies Not Approved for Further Installation on Any Airplane Part No. D30664-101 D30665-101 D30664-103 D30665-103 D31516-101 D31517-101 D31516-103 D31517-103 D31516-105 D31517-105 D31516-107 D31517-107 D31516-109 D31517-109 (o) New: Parts Installation Provisions

    (1) As of the effective date of this AD, do not install on any airplane an escape slide pack assembly having a part number identified as “old” in table 1 to paragraphs (l), (m)(2), (n)(2), and (o)(1) of this AD.

    (2) As of the effective date of this AD, do not install on any airplane an escape slide pack assembly having a part number identified in figure 2 to paragraphs (n) and (o)(2) of this AD, figure 3 to paragraphs (n) and (o)(2) of this AD, and figure 4 to paragraphs (n) and (o)(2) of this AD.

    (3) Installation of an escape slide pack assembly having a part number approved after March 18, 2016 (the effective date of EASA AD 2016-0043), constitutes compliance with the requirements of paragraph (l) of this AD, provided the conditions as specified in paragraphs (o)(3)(i) and (o)(3)(ii) of this AD are met.

    (i) The part number must be approved by the Manager, International Section, Transport Standards Branch, FAA; or the EASA; or Airbus's EASA DOA; and

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

    (p) Credit for Previous Actions

    (1) This paragraph provides credit for actions required by paragraph (m)(1) of this AD, if those actions were performed before the effective date of this AD using the applicable service information in paragraphs (p)(1)(i) through (p)(1)(v) of this AD.

    (i) Airbus Service Bulletin A320-25-1B81, dated August 13, 2015.

    (ii) Airbus Service Bulletin A320-25-1B82, dated August 13, 2015.

    (iii) Airbus Service Bulletin A320-25-1B82, Revision 01, dated December 10, 2015.

    (iv) Airbus Service Bulletin A320-25-1B83, dated July 31, 2015.

    (v) Airbus Service Bulletin A320-25-1B84, dated July 31, 2015.

    (2) This paragraph provides credit for actions required by paragraph (m)(2) of this AD, if those actions were performed before the effective date of this AD using the applicable service information in paragraphs (p)(2)(i) through (p)(2)(iv) of this AD.

    (i) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, dated July 9, 2015;

    (ii) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 1, dated September 18, 2015.

    (iii) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-97, dated July 9, 2015.

    (iv) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-97, Revision 1, dated September 18, 2015.

    (q) 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 (r)(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: As of the effective date of this AD, 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 EASA; or Airbus's EASA DOA. If approved by the DOA, the approval must include the DOA-authorized signature.

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

    (r) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0043, dated March 4, 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 2017-0556.

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

    (3) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (s)(5) and (s)(6) of this AD.

    (s) 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 January 16, 2018.

    (i) Airbus Service Bulletin A320-25-1B81, Revision 01, dated December 10, 2015.

    (ii) Airbus Service Bulletin A320-25-1B82, Revision 02, dated July 6, 2017.

    (iii) Airbus Service Bulletin A320-25-1B83, Revision 01, dated December 10, 2015.

    (iv) Airbus Service Bulletin A320-25-1B84, Revision 01, dated December 10, 2015.

    (v) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-96, Revision 2, dated April 29, 2016.

    (vi) Zodiac Aero Evacuation Systems Service Bulletin S.B. A320 004-25-97, Revision 2, dated September 1, 2016.

    (4) The following service information was approved for IBR on December 31, 2012 (77 FR 70369, November 26, 2012).

    (i) Airbus Service Bulletin A320-25-1723, dated December 17, 2010.

    (ii) Airbus Service Bulletin A320-25-1724, dated December 17, 2010.

    (iii) Air Cruisers Service Bulletin S.B. A320 004-25-85, Revision 2, dated January 3, 2012.

    (iv) Air Cruisers Service Bulletin S.B. A320 004-25-56, dated November 12, 1999.

    (5) For service information identified in this AD, contact Airbus, Airworthiness Office—EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone +33 5 61 93 36 96; fax +33 5 61 93 44 51; email [email protected]; Internet http://www.airbus.com. For Zodiac Aerospace service information identified in this AD, contact Air Cruisers, Cage Code 70167, 1747 State Route 34, Wall Township, NJ 07727-3935; telephone: (732) 681-3527; Internet: http://www.zodiacaerospace.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 November 29, 2017. Jeffrey E. Duven, Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-26363 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1117; Product Identifier 94-ANE-39-AD; Amendment 39-19112; AD 2017-24-08] RIN 2120-AA64 Airworthiness Directives; Rolls-Royce plc Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Final rule.

    SUMMARY:

    We are superseding airworthiness directive (AD) 2014-24-08 for all Rolls-Royce plc (RR) RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 turbofan engines with certain low-pressure (LP) fuel filter-to-high-pressure (HP) fuel pump tube assemblies, or HP fuel pump-to-fuel flow governor (FFG) or FFG-to-HP pump inlet overspill return tube assemblies and flanged adaptor, installed. AD 2014-24-08 required replacing certain LP fuel filter-to-HP fuel pump tube assemblies. This AD retains the requirement in AD 2014-24-08 to remove the LP fuel filter-to-HP fuel pump tube, adds new compliance thresholds, and requires installation of new HP fuel pump-to-FFG and FFG-to-HP pump inlet overspill return tube assemblies and flanged adaptor. This AD was prompted by fuel leaks that have occurred at the flanged joints of the HP fuel pump-to-FFG tube assembly and FFG-to-HP pump inlet overspill return tube assembly. We are issuing this AD to correct the unsafe condition on these products.

    DATES:

    This AD is effective January 16, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare. You may view this service information at the FAA, Engine and Propeller Standards Branch, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-1117.

    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-2017-1117; 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 mandatory continuing airworthiness information, regulatory evaluation, any comments received, and other information. The address for the Docket Office (phone: 800-647-5527) is Document Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

    Robert Green, Aerospace Engineer, ECO Branch, FAA, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7754; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 to supersede AD 2014-24-08, Amendment 39-18041 (79 FR 71308, December 2, 2014), “AD 2014-24-08,” for all RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 turbofan engines. AD 2014-24-08 applied to the specified products. The NPRM published in the Federal Register on May 26, 2017 (82 FR 24262). The NPRM proposed to continue to require replacing certain LP fuel filter-to-HP fuel pump tube assemblies. That NPRM also proposed to require installation of new HP fuel pump-to-FFG and FFG-to-HP pump inlet overspill return tube assemblies and flanged adaptor.

    Comments

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

    Request To Change Installation Prohibition

    American Airlines (AAL) and FedEx Express stated the proposed AD would prohibit reinstallation of earlier HP fuel pump to FFG and FFG to HP pump inlet overspill return tube assemblies. AAL and FedEx Express request clarification that the HP fuel tube does not require replacement if removed simply to gain access to other components.

    FedEx is concerned that the current wording would result in serviceable tube assemblies having to be replaced in a line environment when components such as the FFG or fuel pump are replaced as part of fuel system troubleshooting. AAL didn't justify their request.

    We agree. This AD requires replacement of the affected parts before they exceed 4,750 engine flight cycles (FC) or 15,000 flight hours (FH), or at a shop visit, whichever occurs first. To address this comment, we deleted the Installations Prohibition paragraph and integrated the previous restrictions into paragraph (h), Definitions, adding the statement that “The reinstallation of affected parts, removed to facilitate on-wing/in-service maintenance of adjacent components, is acceptable within the limits prescribed by paragraphs (g)(1) and (2) of this AD.”

    Request To Change Applicability

    AAL and UPS requested clarification of shop visit. They would like to clarify the shop visit definition as, “For the purpose of this AD, a shop visit is defined as the separation of major mating module flanges to perform maintenance or overhaul, excluding the removal or replacement of the high speed gearbox, or for the sole purpose of transporting the engine without performing subsequent maintenance or overhaul.” They gave no justification for the requested change.

    We disagree. The shop visit definition is intended to require the replacement of parts when the engine is in a shop for maintenance or overhaul with no exceptions, consistent with the associated service bulletin. We did not change this AD.

    Request To Add Credit for Previous Actions

    UPS stated the proposed AD requires incorporation of Service Bulletins (SBs) RB.211-73-H131, Revision 1 and RB.211-73-G230, Revision 3. UPS requests this AD give credit for previous incorporation of any prior revision of these two service bulletins.

    We agree. Corrective action done prior to the effective date of this AD using earlier revisions of the cited service bulletins is acceptable. We added a new section Credit for Previous Actions after paragraph (h) of this AD.

    Request To Change Required Actions

    UPS requested that the pre-SB RB.211-73-H131 part numbers be listed in paragraph (g)(1) of this AD, to clarify only pre-SB RB.73-H131 engines are affected.

    We agree. We revised paragraph (g)(1) of this AD.

    Request To Change Compliance Time

    UPS stated the proposed AD section (g)(1) requires incorporation of SB RB.211-73-H131 before the LP fuel filter-to-HP fuel pump tube exceeds 4,750 FC or 15,000 FH. These time and cycle limits appear to have originated with SB RB.211-73-E355, which UPS has previously interpreted as “soft limits” rather than “hard limits” due to the verbiage used in the SB. UPS requests the final rule include a drawdown period of 400 cycles/800 hours to allow time for operators to incorporate these modifications on those engines which already exceed the stated thresholds. UPS justified the request to prevent operational disruptions. RR has reviewed the original technical justification for introducing the life limits and modifications. Given the lives of the UPS fleet, a 400 flight cycle extension does not have an appreciable effect on engine safety. The dual engine in-flight shut down rate remains below the continued airworthiness threshold.

    We agree. A RR review supports the requested drawdown plan. We revised paragraph (g)(1) of this AD.

    Request To Define Engine Hours/Cycles Since New

    UPS requests that the compliance thresholds be listed as (engine or part) hours/cycles since new or since last accomplishment of SB RB.211-73-E355, whichever is sooner. They state that SB RB.211-73-E355 installs a new LP fuel filter-to-HP fuel pump tube.

    We partially agree. We agree that time since accomplishing SB RB.211-73-E355 is equivalent to time since new for the replaced part. We disagree that the compliance thresholds need to be changed as this AD already specifies compliance before “the part exceeds 4,750 engine flight cycles (FC) or 15,000 flight hours (FH), since new”. We did not change this AD.

    Conclusion

    We reviewed the available data, including the comments received, and determined that air safety and the public interest require adopting this AD with the changes described previously. We determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.

    Related Service Information Under 1 CFR Part 51

    Rolls-Royce plc has issued SB RB.211-73-G230, Revision 3, dated April 8, 2016. The SB describes a modification (mod 73-G230) and introduces new HP fuel pump-to-FFG and FFG-to-HP pump inlet overspill return tube assemblies with a larger O-ring groove on the end adaptor sealing face. RR has also issued SB RB.211-73-H131, Revision 1, dated September 2, 2014. The SB introduces a new LP fuel filter-to-HP fuel pump tube assembly. 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 100 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S.
  • operators
  • Replacement of fuel tube assemblies 8.5 work-hours × $85 per hour = $722.50 $17,800.00 $18,522.50 $1,852,250.00
    Authority for This Rulemaking

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

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

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

    Regulatory Findings

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

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

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

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

    (3) Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction, 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 part 39 of the Federal Aviation Regulations (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) 2014-24-08, Amendment 39 18041 (79 FR 71308, December 2, 2014), and adding the following new AD: 2017-24-08 Rolls-Royce plc: Docket No. FAA 2017-1117; Amendment 39-19112; Product Identifier 94-ANE-39-AD. (a) Effective Date

    This AD is effective January 16, 2018.

    (b) Affected ADs

    This AD supersedes AD 2014-24-08, Amendment 39-18041 (79 FR 71308, December 2, 2014).

    (c) Applicability

    This AD applies to all Rolls-Royce plc (RR) RB211-535E4-37, RB211-535E4-B-37, and RB211-535E4-C-37 turbofan engines with low-pressure (LP) fuel filter-to-high-pressure (HP) fuel pump tube assembly, part number (P/N) UL16692, AE709623-1, 163521538, or 163521545, installed; or HP fuel pump-to-fuel flow governor (FFG), P/N UL16691 or UL37214, installed; or FFG-to-HP pump inlet overspill return tube assemblies, P/N UL16690 or UL37213, installed; or flanged adaptor, P/N UL37218, installed.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7321, Fuel Control/Turbine Engines.

    (e) Unsafe Condition

    This AD was prompted by reports of fuel leaks that have resulted in engine in-flight shutdowns. We are issuing this AD to prevent loss of fuel supply to the engine, which could lead to the in-flight shutdown of one or more engines, loss of thrust control, and damage to the airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Remove LP fuel filter-to-HP fuel pump tube assembly, P/N UL16692, AE709623-1, 163521538, and 163521545, and replace with a part eligible for installation, at the applicable compliance times specified in paragraphs (g)(1)(i) or (ii) of this AD, whichever occurs first, using the Accomplishment Instructions of RR Service Bulletin (SB) RB.211-73-H131, Revision 1, dated September 2, 2014.

    (i) At the next shop visit after the effective date of this AD, or

    (ii) at the later of the following:

    (A) Before the part exceeds 4,750 engine flight cycles (FC) or 15,000 flight hours (FH), since new, whichever occurs first, or

    (B) Within 400 FC or 800 FH, whichever occurs first, after the effective date of this AD.

    (2) For affected engines with an HP fuel pump-to-FFG tube assembly or FFG-to-HP pump inlet overspill return tube assembly, or flanged adaptor, installed, replace the parts concurrent with the actions specified in paragraph (g)(1) of this AD, if applicable, or during the next shop visit, using the Accomplishment Instructions of RR SB RB.211-73-G230, Revision 3, dated April 8, 2016.

    (h) Definitions

    (1) For the purpose of this AD, a part eligible for installation excludes the following: LP fuel filter-to-HP fuel pump tube assembly, P/N UL16692, AE709623-1, 163521538, or 163521545; HP fuel pump-to-FFG tube assembly, P/N UL16691 or UL37214; or FFG-to-HP pump inlet overspill return tube assembly, P/N UL16690 or UL37213; or flanged adaptor, P/N UL37218. The reinstallation of affected parts, removed to facilitate on-wing/in-service maintenance of adjacent components is acceptable within the limits prescribed by paragraphs (g)(1) and (2) of this AD.

    (2) For the purpose of this AD, a shop visit is the induction of an engine into the shop for maintenance or overhaul.

    (i) Credit for Previous Actions

    You may take credit for the corrective action required by paragraphs (g)(1) and (2) of this AD, if you performed these actions before the effective date of this AD using RR Alert NMSB RB.211-73-H131, original issue, dated May 10, 2013 or RR Alert NMSB RB.211-73-G230, Revision 2, dated December 20, 2012, respectively.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

    (k) Related Information

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

    (2) Refer to MCAI European Aviation Safety Agency (EASA) AD 2017-0006, dated January 10, 2017, and EASA AD 2014-0123, dated May 15, 2014, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2017-1117.

    (l) Material Incorporated by Reference

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

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

    (i) Rolls-Royce plc (RR) Service Bulletin (SB) RB.211-73-H131, Revision 1, dated September 2, 2014.

    (ii) RR SB RB.211-73-G230, Revision 3, dated April 8, 2016.

    (3) For RR service information identified in this AD, contact Rolls-Royce plc, Corporate Communications, P.O. Box 31, Derby, England, DE24 8BJ; phone: 011-44-1332-242424; fax: 011-44-1332-249936; email: http://www.rolls-royce.com/contact/civil_team.jsp; Internet: https://customers.rolls-royce.com/public/rollsroycecare.

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

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

    Issued in Burlington, Massachusetts, on November 22, 2017. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2017-26572 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0622; Product Identifier 2016-NM-192-AD; Amendment 39-19120; AD 2017-25-06] RIN 2120-AA64 Airworthiness Directives; Airbus Airplanes AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    We are adopting a new airworthiness directive (AD) for certain Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. This AD was prompted by reports of a vertical strut penetrating through the cabin floor during an emergency water landing and on airframe ground contact at certain speeds/accelerations. This AD requires modification of the fuselage structure at a certain frame. We are issuing this AD to address the unsafe condition on these products.

    DATES:

    This AD is effective January 16, 2018.

    The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of January 16, 2018.

    ADDRESSES:

    For service information identified in this final rule, contact Airbus, Airworthiness Office-EIAS, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email: [email protected]; Internet: http://www.airbus.com. You may view this referenced service information at the FAA, Transport Standards Branch, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425-227-1221. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0622.

    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-2017-0622; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (telephone: 800-647-5527) is Docket Management Facility, U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590.

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Discussion

    We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The NPRM published in the Federal Register on June 23, 2017 (82 FR 28596) (“the NPRM”). The NPRM was prompted by reports of a vertical strut penetrating through the cabin floor during an emergency water landing and on airframe ground contact at certain speeds/accelerations. The NPRM proposed to require modification of the fuselage structure at frame (FR) 65. We are issuing this AD to prevent the central vertical strut at FR65 from penetrating through the cabin floor in certain conditions, which could lead to injury of occupants and delays during an emergency evacuation.

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2016-0212, dated October 25, 2016 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes. The MCAI states:

    In service occurrences were reported where, as a consequence [during an emergency water landing and] of an airframe ground contact above certified vertical speed/vertical acceleration, the vertical strut at Frame (FR) 65 penetrated through the cabin floor.

    This condition, if not corrected, could lead to injury of occupants and/or delays during emergency evacuation.

    To address this potential unsafe condition, Airbus developed mod 153724, a structural change which prevents the central vertical strut at FR65 to pass through the cabin floor, and issued Service Bulletin (SB) A320-53-1262 to provide instructions for installation of this modification on aeroplanes in service. After SB A320-53-1262 was issued, incorrect MSN [manufacturer serial number] allocations and configuration definitions were identified in it. Consequently Airbus revised that SB, and in addition issued SB A320-53-1333 and SB A320-53-1334.

    For the reason described above, this [EASA] AD requires modification of the fuselage structure at FR65.

    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-2017-0622.

    Comments

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

    Request for Different Method of Compliance for Foam Tape

    United Airlines (UAL) requested that we include an exception to allow the use of a different foam tape that better meets the needs of its fleet. UAL mentioned that the purpose of the tape is to reduce vibration and prevent chafing from the floor panels, and that the location is considered a “wet” area of the aft cabin that is susceptible to corrosion. UAL also stated that the tape specified does not meet its corrosion prevention and control program (CPCP) standards, and that the tape can retain moisture and may not adequately seal between the floor panel and floor support structure. UAL indicated that protecting the floor beams from moisture ingress has been an ongoing effort on its fleet through the CPCP committee and that due to corrosion reports UAL uses a different foam tape on all floor support structure in the cabin “wet” areas. UAL pointed out that it has benefited from superior corrosion protection due to using the different foam tape and stressed its continual commitment to monitoring and evaluating new products and procedures for the aft cabin “wet” areas.

    UAL also requested that we provide an exception to the “RC” (Required for Compliance) specification associated with installation of the foam tape.

    We agree to include an exception for the reasons provided. We have added paragraph (h), “Service Information Exceptions,” to this AD and redesignated subsequent paragraphs accordingly. In paragraph (h)(1) of this AD, we added an exception for using an alternative foam tape, in accordance with a method approved by the Manager, International Section, Transport Standards Branch, FAA; or EASA; or Airbus's EASA Design Organization Approval (DOA).

    Request for Exception for Placard Installation at FR65

    UAL also requested that we provide an exception to the “RC” specification associated with installation of the placard. UAL concurred with marking of modification areas to prevent de-modification, but uses a different method (marking AD areas when there is high risk of de-modification, and denoting the applicable Engineering Authorization and/or AD). UAL stated that marking the modification area in accordance with the service information does not bring awareness to technicians and that the service information may not be readily available for reference. Additionally, UAL pointed out that because the modification is a complex alteration which cannot be easily returned to the original configuration, it considers the modification to be low risk of de-modification. UAL also pointed out that Airbus has identified illustrated parts catalog (IPC) and structural repair manual (SRM) publications affected in the specified service information and that the IPC changes will identify the proper configuration between pre- and post-modification accomplishment. UAL mentioned that excepting the placard marking on FR65 from the “RC” requirement will allow operators (if they choose) to mark their applicable Engineering Authorization and/or AD instead and that applying the placard does not affect the technical intent of the modification.

    We agree to include an exception for the reasons provided. In paragraph (h)(2) of this AD, we added an exception to specify that the referenced placard installation is not required by this AD.

    Request To Refer to Later Revisions of the Service Information

    American Airlines (AAL) requested that we delay issuance of the final rule until the manufacturer can release Revision 02 (we referred to Revision 01 in the NPRM) of Airbus Service Bulletin A320-53-1262. AAL pointed out that Revision 02 of Airbus Service Bulletin A320-53-1262 is expected to address certain discrepancies found during validation of the service information. UAL also requested that we verify that the required service information specified in the NPRM is at the latest revision level to prevent alternative method of compliance (AMOC) requests immediately following publication of the final rule.

    We have verified that the required service information specified in this AD is at the latest revision level. We do not consider that delaying this action until release of the planned service information is warranted, since Revision 02 of Airbus Service Bulletin A320-53-1262 is not yet approved and we cannot allow future revisions of service information in this AD. Additionally, AAL did not provide any further details associated with the discrepancies discovered during validation. We have determined that using Revision 01 of Airbus Service Bulletin A320-53-1262 adequately addresses the identified unsafe condition. However, under the provisions of paragraph (i)(1) of this AD, we will consider requests for approval of an AMOC to allow the use of Revision 02 of Airbus Service Bulletin A320-53-1262 after issuance of the updated service information. 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.

    Related Service Information Under 1 CFR Part 51

    Airbus has issued the following Airbus service information:

    • Airbus Service Bulletin A320-53-1262, excluding Appendix 01 and including Appendix 02, Revision 01, dated July 29, 2016;

    • Airbus Service Bulletin A320-53-1333, excluding Appendix 01 and including Appendix 02, dated July 29, 2016; and

    • Airbus Service Bulletin A320-53-1334, excluding Appendix 01 and including Appendixes 02 and 03, dated July 29, 2016.

    The service information describes procedures for modifying the fuselage structure at FR65. These documents are distinct since they apply to different airplane configurations. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    Costs of Compliance

    We estimate that this AD affects 1,123 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
  • Modification 18 work-hours × $85 per hour = $1,530 $16,600 $18,130 $20,359,990
    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): 2017-25-06 Airbus: Amendment 39-19120; Docket No. FAA-2017-0622; Product Identifier 2016-NM-192-AD. (a) Effective Date

    This AD is effective January 16, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to the airplanes identified in paragraphs (c)(1), (c)(2), (c)(3), and (c)(4) of this AD, certificated in any category, all manufacturer serial numbers, except those on which Airbus Modification 153724 was embodied in production.

    (1) Airbus Model A318-111, -112, -121, and -122 airplanes.

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

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

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

    (d) Subject

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

    (e) Reason

    This AD was prompted by reports of a vertical strut penetrating through the cabin floor during an emergency water landing and on airframe ground contact at certain speeds/accelerations. We are issuing this AD to prevent the central vertical strut at frame (FR) 65 from penetrating through the cabin floor in certain conditions, which could lead to injury of occupants and delays during an emergency evacuation.

    (f) Compliance

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

    (g) Modification

    Except as provided by paragraphs (h)(1) and (h)(2) of this AD: Within 72 months after the effective date of this AD, modify the fuselage structure at FR65, in accordance with the Accomplishment Instructions of the applicable service bulletin specified in paragraph (g)(1), (g)(2), or (g)(3) of this AD.

    (1) For Model A318 and A319 series airplanes; Model A320-211, -212, -214, -231, -232, and -233 airplanes; and Model A321-111, -112, -131, -211, -212, -213, -231, and -232 airplanes, as identified in Airbus Service Bulletin A320-53-1262, Revision 01, dated July 29, 2016: Airbus Service Bulletin A320-53-1262, excluding Appendix 01 and including Appendix 02, Revision 01, dated July 29, 2016.

    (2) For Model A320-211, -212, -214, -232, and -233 airplanes, as identified in Airbus Service Bulletin A320-53-1333, dated July 29, 2016: Airbus Service Bulletin A320-53-1333, excluding Appendix 01 and including Appendix 02, dated July 29, 2016.

    (3) For Model A321-211, -213, and -231 airplanes as identified in Airbus Service Bulletin A320-53-1334, dated July 29, 2016: Airbus Service Bulletin A320-53-1334, excluding Appendix 01 and including Appendixes 02 and 03, dated July 29, 2016.

    (h) Service Information Exceptions

    (1) Where the service bulletin specified in paragraphs (g)(1), (g)(2), or (g)(3) of this AD specifies to use ABS5006 foam tape on the new floor support beam, this AD allows the installation of an alternative foam tape, in accordance with a method approved by the Manager, International Section, Transport Standards Branch, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA). If approved by the DOA, the approval must include the DOA-authorized signature.

    (2) Where the service bulletin specified in paragraphs (g)(1), (g)(2), or (g)(3) of this AD specifies to install a placard at FR65, that placard installation is not required by this AD.

    (i) 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 (j)(2) of this AD. Information may be emailed to: [email protected] Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.

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

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

    (j) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2016-0212, dated October 25, 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-2017-0622.

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

    (k) Material Incorporated by Reference

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

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

    (i) Airbus Service Bulletin A320-53-1262, excluding Appendix 01 and including Appendix 02, Revision 01, dated July 29, 2016.

    (ii) Airbus Service Bulletin A320-53-1333, excluding Appendix 01 and including Appendix 02, dated July 29, 2016.

    (iii) Airbus Service Bulletin A320-53-1334, excluding Appendix 01 and including Appendixes 02 and 03, dated July 29, 2016.

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

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

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

    Issued in Renton, Washington, on November 16, 2017. Chris Spangenberg, Acting Director, System Oversight Division, Aircraft Certification Service.
    [FR Doc. 2017-26260 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-1072] Drawbridge Operation Regulation; Columbia River, Vancouver, WA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of deviation from drawbridge regulations.

    SUMMARY:

    The Coast Guard has issued a temporary deviation from the operating schedule that governs the Burlington Northern Santa Fe (BNSF) Railway Bridge across the Columbia River, mile 105.6, at Vancouver, WA. The deviation is necessary to accommodate replacement gears, shafts and bearings. This deviation allows the bridge to remain in the closed-to-navigation position during maintenance activities.

    DATES:

    This deviation is effective from 7 a.m. on December 19, 2017 to 7 p.m. on December 21, 2017.

    ADDRESSES:

    The docket for this deviation, USCG-2017-1072 is available at http://www.regulations.gov. Type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this deviation.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this temporary deviation, call or email Mr. Steven Fischer, Bridge Administrator, Thirteenth Coast Guard District; telephone 206-220-7282, email [email protected]

    SUPPLEMENTARY INFORMATION:

    BNSF requested that the BNSF Swing Bridge across the Columbia River, mile 105.6, remain closed to marine vessel traffic to install new swing gears, shafts and bearings. During this installation period, the swing span of the bridge will be in the closed-to-navigation position; however, the span may be opened for maritime emergencies, when an hour's notice has been given, but any emergency opening will necessitate a time extension to the approved dates. The BNSF Swing Bridge, mile 105.6, provides 39 feet of vertical clearance above Columbia River Datum 0.0 while in the closed position.

    The subject bridge operates in accordance with 33 CFR 117.5. This deviation allows the swing span of the BNSF Railway Bridge across the Columbia River, mile 105.6, to remain in the closed-to-navigation position, and need not open for maritime traffic from 7 a.m. to 7 p.m. on December 19, 2017, and 7 a.m. to 7 p.m. on December 21, 2017. The bridge shall operate in accordance to 33 CFR 117.5 at all other times. Waterway usage on this part of the Columbia River includes vessels ranging from large ships to commercial tug and tow vessels to recreational pleasure craft including cabin cruisers and sailing vessels. Vessels able to pass through the bridge in the closed-to-navigation position may do so at anytime. The bridge will be able to open for emergencies, if an hour's notice is given, and there is no immediate alternate route for vessels to pass. The Coast Guard will also inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge so that vessels can arrange their transits to minimize any impact caused by the temporary deviation.

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

    Dated: December 4, 2017. Steven M. Fischer, Bridge Administrator, Thirteenth Coast Guard District.
    [FR Doc. 2017-26573 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0986] RIN 1625-AA00 Safety Zone; Lower Mississippi River, New Orleans, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Temporary final rule.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for navigable waters on the Lower Mississippi River above Head of Passes between mile marker (MM) 94.0 and MM 95.0. This safety zone is needed to protect personnel, vessels and the marine environment from potential hazards associated with a fireworks display on January 6, 2018. This rulemaking will prohibit persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative.

    DATES:

    This rule is effective from 8:30 p.m. through 9:30 p.m. on January 6, 2018.

    ADDRESSES:

    Documents mentioned in this preamble are part of docket USCG-2017-0986. To view documents mentioned in this preamble as being available in the docket, go to http://www.regulations.gov, type the docket number in the “SEARCH” box and click “SEARCH.” Click on Open Docket Folder on the line associated with this rulemaking.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this rulemaking, call or email Lieutenant Commander (LCDR) Howard K. Vacco, Sector New Orleans, Waterways Management Division Chief, U.S. Coast Guard; telephone 504-365-2281, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History

    The Coast Guard is issuing this temporary final rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because it is impracticable. We must establish this safety zone by January 6, 2018 and lack sufficient time to provide responsible comment period and then consider those comments before issuing the rule.

    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause exists for making this rule effective less than 30 days after publication in the Federal Register. Delaying the effective date of this rule would be contrary to the public interest because the safety zone is necessary to respond to potential hazards associated with a fireworks display.

    III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 1231. The Captain of the Port Sector New Orleans (COTP) has determined that a temporary safety zone is necessary to provide for the safety of life and vessels transiting the area where the fireworks will be launched. The fireworks display is scheduled to take place from 8:30 p.m. through 9:30 p.m. on January 6, 2018, in the navigable waters of the Lower Mississippi River at New Orleans, LA.

    IV. Discussion of the Rule

    The COTP will establish a safety zone from 8:30 p.m. to 9:30 p.m. on January 6, 2018. The safety zone would cover all navigable waters of the Lower Mississippi River above Head of Passes between mile marker 94.0 and mile marker 95.0 in New Orleans, LA. The duration of the safety zone is to ensure the protection of personnel, vessels and the marine environment from potential hazards associated with the fireworks display. No vessel or person will be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative.

    V. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size, location, duration, and time-of-year of the safety zone. This safety zone will restrict vessel traffic from entering or transiting within a one mile area of navigable waterway of the Lower Mississippi River above Head of Passes between mile marker 94.0 and mile marker 95.0 in New Orleans, LA, during a time of year when vessel traffic is normally low. Moreover, the Coast Guard will issue Broadcast Notice to Mariners via VHF-FM marine channel 16 about the zone, and the rule allows vessels to seek permission to enter the zone.

    B. Impact on Small Entities

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

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

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

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

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a safety zone lasting one hour on one mile of navigable waters between mile marker (MM) 94.0 and MM 95.0 of the Lower Mississippi River. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A Record of Environmental Consideration (REC) is available in the docket for this rulemaking.

    G. Protest Activities

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

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T08-0986 to read as follows:
    § 165.T08-0986 Safety Zone; Lower Mississippi River, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River above Head of Passes, New Orleans, LA between mile marker 94.0 and mile marker 95.0.

    (b) Effective period. This section is effective from 8:30 p.m. through 9:30 p.m. on January 6, 2018.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans.

    (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM Channel 16 or 67.

    (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

    (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule.

    Dated: December 4, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans.
    [FR Doc. 2017-26561 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2017-0500; FRL-9971-72-Region 4] Air Plan Approval; Florida; Stationary Sources Emissions Monitoring; Withdrawal AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Withdrawal of direct final rule.

    SUMMARY:

    Due to the receipt of an adverse comment, the Environmental Protection Agency (EPA) is withdrawing the October 13, 2017, direct final rule that would have approved changes to the Florida Department of Environmental Protection (FDEP) State Implementation Plan (SIP) to revise Florida's requirements and procedures for emissions monitoring at stationary sources. EPA will address the comment in a separate final action based upon the proposed rulemaking action, also published on October 13, 2017.

    DATES:

    The direct final rule published at 82 FR 47636, on October 13, 2017, is withdrawn effective December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Andres Febres, Air Regulatory Management Section, Air Planning and Implementation Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW., Atlanta, Georgia 30303-8960. Mr. Febres can be reached via telephone at (404) 562-8966 or via electronic mail at [email protected]

    SUPPLEMENTARY INFORMATION:

    On October 13, 2017 (82 FR 47636), EPA published a direct final rule approving a portion of a SIP revision submitted by the State of Florida, through FDEP on February 1, 2017, for the purpose of revising Florida's requirements and procedures for emissions monitoring at stationary sources. Florida's February 1, 2017, SIP submittal included amendments to three Florida Administrative Code (F.A.C.) rule sections, as well as the removal of one F.A.C. rule section from the Florida SIP in order to eliminate redundant language and make updates to the requirements for emissions monitoring at stationary sources. Additionally, the October 13, 2017, direct final rule included a correction to remove an additional F.A.C. rule that was previously approved for removal from the SIP in a separate action but was never removed.

    In the direct final rule, EPA explained that the Agency was publishing the rule without prior proposal because the Agency viewed the submittal as a non-controversial SIP amendment and anticipated no adverse comments. Further, EPA explained that the Agency was publishing a separate document in the proposed rules section of the Federal Register to serve as the proposal to approve the SIP revision should an adverse comment be filed. EPA also noted that the rule would be effective generally 30 days after the close of the public comment period, without further notice unless the Agency received adverse comment by the close of the public comment period. EPA explained that if the Agency received such comments, then EPA would publish a document withdrawing the final rule and informing the public that the rule would not take effect. It was also explained that all public comments received would then be addressed in a subsequent final rule based on the proposed rule, and that EPA would not institute a second comment period on this action.

    EPA received one adverse comment from a single Commenter on the aforementioned changes. EPA will address the comment in a separate final action based on the proposed action also published on October 13, 2017 (82 FR 47662). In addition, because information in the docket was not fully accessible to the public during the initial comment period, in a separate action EPA will reopen the comment period for the proposed rule.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, Incorporation by reference, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds.

    Dated: November 21, 2017. Onis “Trey” Glenn, III Regional Administrator, Region 4. Accordingly, the amendment to 40 CFR 52.520(c) published on October 13, 2017 (82 FR 47636), is withdrawn effective December 11, 2017.
    [FR Doc. 2017-26633 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R05-OAR-2016-0327; FRL-9971-61-Region 5] Air Plan Approval; Minnesota; 2008 Ozone Transport AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is approving a May 26, 2016, State Implementation Plan (SIP) submission from Minnesota that is intended to demonstrate that the Minnesota SIP meets certain interstate transport requirements of the Clean Air Act (CAA) for the 2008 ozone National Ambient Air Quality Standards (NAAQS). EPA is approving this SIP as containing adequate provisions to ensure that Minnesota emissions do not significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone NAAQS in any other state. The proposed rulemaking associated with this final action was published on July 17, 2017, and EPA received no comments during the comment period, which ended on August 16, 2017.

    DATES:

    This final rule is effective on January 10, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-R05-OAR-2016-0327. All documents in the docket are listed on the www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either through www.regulations.gov or at the Environmental Protection Agency, Region 5, Air and Radiation Division, 77 West Jackson Boulevard, Chicago, Illinois 60604. This facility is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. We recommend that you telephone Eric Svingen, Environmental Engineer, at (312) 353-4489 before visiting the Region 5 office.

    FOR FURTHER INFORMATION CONTACT:

    Eric Svingen, Environmental Engineer, Attainment Planning and Maintenance Section, Air Programs Branch (AR-18J), Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-4489, [email protected]

    SUPPLEMENTARY INFORMATION:

    Throughout this document whenever “we,” “us,” or “our” is used, we mean EPA. This supplementary information section is arranged as follows:

    I. Background II. EPA's Analysis of Minnesota's Submittal III. What action is EPA taking? IV. Statutory and Executive Order Reviews I. Background

    On March 12, 2008, EPA revised the levels of the primary and secondary ozone standards from 0.08 parts per million (ppm) to 0.075 ppm (73 FR 16436). The CAA requires states to submit, within three years after promulgation of a new or revised standard, SIPs meeting the applicable “infrastructure” elements of sections 110(a)(1) and (2). One of these applicable infrastructure elements, CAA section 110(a)(2)(D)(i), requires SIPs to contain “good neighbor” provisions to prohibit certain adverse air quality effects on neighboring states due to interstate transport of pollution. There are four sub-elements within CAA section 110(a)(2)(D)(i). This action addresses the first two sub-elements of the good neighbor provisions, at CAA section 110(a)(2)(D)(i)(I). These sub-elements require that each SIP for a new or revised standard contain adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will “contribute significantly to nonattainment” or “interfere with maintenance” of the applicable air quality standard in any other state.

    II. EPA's Analysis of Minnesota's Submittal

    On May 26, 2016, the State of Minnesota submitted a revision to its SIP to address the first two sub-elements of the good neighbor provisions, at CAA section 110(a)(2)(D)(i)(I). Specifically, Minnesota's submission asserts that the state's SIP contains adequate provisions to prohibit any source or other type of emissions activity within the state from emitting air pollutants that will “contribute significantly to nonattainment” or “interfere with maintenance” of the 2008 ozone standard in any other state. The SIP submission highlights rules and statutes already in Minnesota's SIP that limit emissions of nitrogen oxides (NOX) and volatile organic compounds (VOC), the precursor pollutants contributing to ozone formation. The submission also notes that Minnesota sources are subject to a Federal Implementation Plan (FIP) for the Cross-State Air Pollution Rule (CSAPR) at 40 CFR 52.1240, and are required to reduce annual emissions of NOX in support of the 2006 NAAQS for fine particulate matter (PM2.5).

    EPA developed technical information and a related analysis to assist states with meeting section 110(a)(2)(D)(i)(I) requirements for the 2008 ozone NAAQS, and used this technical analysis to support the CSAPR Update for the 2008 Ozone NAAQS (“CSAPR Update”).1 EPA's analysis confirms the assertion in Minnesota's submittal: Minnesota does not significantly contribute to nonattainment or interfere with maintenance of the 2008 ozone standard in any other state.

    1 81 FR 74504 (October 26, 2016).

    On July 17, 2017 (82 FR 32673), EPA published a rule proposing to approve Minnesota's interstate transport SIP for purposes of meeting the CAA section 110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard. This proposed rule contained a detailed evaluation of how Minnesota's submission satisfies CAA requirements. No comments were received. Therefore, EPA is finalizing this rule as proposed.

    III. What action is EPA taking?

    EPA is approving Minnesota's interstate transport SIP for purposes of meeting the CAA section 110(a)(2)(D)(i)(I) requirements of the 2008 ozone standard.

    IV. Statutory and Executive Order Reviews

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

    • Is not a significant regulatory action subject to review by the Office of Management and Budget under Executive Orders 12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21, 2011);

    • 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).

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

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by February 9, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).)

    List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by reference, Intergovernmental relations, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: November 17, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.

    40 CFR part 52 is amended as follows:

    PART 52—APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS 1. The authority citation for part 52 continues to read as follows: Authority:

    42 U.S.C. 7401 et seq.

    2. In § 52.1220, the table in paragraph (e) is amended by revising the entry for “Section 110(a)(2) Infrastructure Requirements for the 2008 ozone NAAQS” to read as follows:
    § 52.1220 Identification of plan.

    (e) * * *

    EPA-Approved Minnesota Nonregulatory Provisions Name of nonregulatory SIP provision Applicable
  • geographic or
  • nonattainment
  • area
  • State
  • submittal date/
  • effective date
  • EPA approved date Comments
    *         *         *         *         *         *         * Section 110(a)(2) Infrastructure Requirements for the 2008 ozone NAAQS Statewide 6/12/2014 and
  • 5/26/2016.
  • 12/11/2017, [Insert Federal Register citation] These actions address the following CAA elements: 110(a)(2)(A), (B), (C), (D), (E), (F), (G), (H), (J), (K), (L), and (M). We have not taken action on the visibility portion of (D)(i)(II). We will address these requirements in a separate action. EPA has disapproved the elements related to the prevention of significant deterioration, specifically as they pertain to section 110(a)(2)(C), (D)(i)(II), (D)(ii), and (J); however, Minnesota continues to implement the Federally promulgated rules for this purpose.
    *         *         *         *         *         *         *
    [FR Doc. 2017-26539 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-HQ-OAR-2017-0667; FRL-9971-66-OAR] Findings of Failure To Submit State Implementation Plan Submittals for the 2008 Ozone National Ambient Air Quality Standards (NAAQS) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Final rule.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is taking final action to find that three states have failed to submit timely revisions to their state implementation plans (SIPs) as required to satisfy certain requirements under the Clean Air Act (CAA) for implementation of the 2008 ozone National Ambient Air Quality Standards (2008 ozone NAAQS). These findings of failure to submit apply to states with overdue SIP revisions (or attainment plans) for nonattainment areas reclassified from “Marginal” to “Moderate” in May 2016 because the areas failed to attain the 2008 ozone NAAQS by the Marginal area attainment date of July 20, 2015. The SIP revisions to address all applicable Moderate area attainment plan requirements for these areas were due on January 1, 2017. This action requires the affected states to timely submit a SIP revision consistent with the requirements of the CAA and the EPA regulations. If a state fails to make the required timely SIP submittal, or if a submitted SIP is incomplete, the CAA requires the imposition of sanctions for the affected area(s). In addition, the EPA is obligated to promulgate a federal implementation plan (FIP) to address any outstanding SIP requirements if a state does not submit, and the EPA does not approve, a state's submittal within 24 months of the effective date of these findings.

    DATES:

    The effective date of this action is January 10, 2018.

    ADDRESSES:

    The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2017-0667. All documents in the docket are listed and publicly available at http://www.regulations.gov. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically at http://www.regulations.gov or in hard copy at the EPA Docket Center (EPA/DC), EPA WJC West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Office of Air and Radiation Docket and Information Center is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Virginia Raps, Office of Air Quality Planning and Standards, Air Quality Policy Division, U.S. Environmental Protection Agency, Mail Code: C539-01, 109 T.W. Alexander Drive, Research Triangle Park, NC 27711; by telephone (919) 541-4383; or by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. General Information A. Notice and Comment Under the Administrative Procedure Act (APA)

    Section 553 of the APA1 provides that, when an agency for good cause finds that notice and public procedures are impracticable, unnecessary or contrary to the public interest, the agency may issue a rule without providing notice and an opportunity for public comment. The EPA has determined that there is good cause for making this final agency action without prior proposal and opportunity for comment because no significant EPA judgment is involved in making findings of failure to submit SIPs, or elements of SIPs. Rather, the findings are required by the CAA where states have made no submissions to meet the SIP requirements, or where the EPA has separately determined that they made incomplete submissions. Thus, notice and public procedures are unnecessary. The EPA finds that this constitutes good cause under 5 U.S.C. 553(b)(3)(B).

    1See 5 U.S.C. 553(b)(3)(B).

    B. How can I get copies of this document and other related information?

    In addition to being available in the docket, an electronic copy of this action will be posted at https://www.epa.gov/ozone-pollution/2008-ozone-national-ambient-air-quality-standards-naaqs-nonattainment-actions.

    C. Where do I go if I have a specific state question?

    For questions related to specific states mentioned in this notice, please contact the appropriate EPA Regional office:

    Regional offices States EPA Region 2: Rick Ruvo, Chief, Air Programs Branch, 290 Broadway, New York, NY 10007 New Jersey. EPA Region 5: John Mooney, Chief, Air Programs Branch, 77 West Jackson Blvd, Chicago, IL 60604 Illinois. EPA Region 9: Doris Lo, Chief, Rulemaking Office; Anita Lee, Acting Chief, Planning Office; or Gerardo Rios, Chief, Permits Office, 75 Hawthorne Street, San Francisco, CA 94105 California. D. How is the preamble organized? Table of Contents I. General Information A. Notice and Comment Under the Administrative Procedure Act (APA) B. How can I get copies of this document and other related information? C. Where do I go if I have a specific state question? D. How is the preamble organized? II. Background III. Consequences of Findings of Failure To Submit IV. Findings of Failure To Submit for States That Failed To Make a Moderate Nonattainment Area SIP Submittal V. Environmental Justice Considerations VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act of 1995 (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Population and Low-Income Populations L. Congressional Review Act (CRA) M. Judicial Review II. Background

    On March 27, 2008, the EPA issued its final rule to revise the ozone NAAQS establishing new 8-hour standards to provide the necessary protection of public health and welfare.2 In that action, the EPA promulgated identical standards of 0.075 parts per million (ppm) for the primary and secondary standards.3 Those standards are met when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppm.4

    2 National Ambient Air Quality Standards for Ozone; final rule (73 FR 16436; March 27, 2008).

    3 Since the 2008 primary and secondary NAAQS for ozone are identical, the EPA refers to both as the “2008 ozone NAAQS.”

    4See 40 CFR 50.15. The 8-hour primary and secondary ozone standards are met at an ambient air quality monitoring site when the 3-year average of the annual fourth-highest daily maximum 8-hour average ozone concentration is less than or equal to 0.075 ppm.

    Promulgation of a revised NAAQS triggers a requirement for the EPA to designate areas of the country as nonattainment, attainment, or unclassifiable for the standards. For any revised ozone NAAQS, the EPA must classify each nonattainment area based on the severity of the ozone levels.5 The severity of ozone levels is determined based on an area's “design value,” which is an indicator of the ozone levels in the area during the most recent 3 years.6 The possible classifications for ozone nonattainment areas are, in order from “lowest” to “highest” diversion from the standard, Marginal, Moderate, Serious, Severe and Extreme.7 Nonattainment areas with a “lower” classification have ozone levels that are closer to the standard than areas with a “higher” classification.

    5See CAA section 107(d)(1) and CAA section 181(a)(1).

    6 The 8-hour ozone design value occurs at the area's ambient air quality monitoring site having the highest fourth-highest 8-hour concentration of ozone during a 3-year period.

    7See CAA section 181(a)(1).

    On May 21, 2012, and June 11, 2012, the EPA issued rules designating 46 areas throughout the country as nonattainment for the 2008 ozone NAAQS (both rules were effective July 20, 2012), and establishing classifications for the designated nonattainment areas.8 Thirty-six of these areas were classified as Marginal; the remaining 10 areas were classified as Moderate or higher. All 46 areas are subject to the general nonattainment area planning requirements of CAA section 172 and also to the ozone-specific planning requirements of CAA section 182.9

    8 Air Quality Designations for the 2008 Ozone National Ambient Air Quality Standards; final rule (77 FR 30088; May 21, 2012 and 77 FR 34221; June 11, 2012).

    9 States within the Ozone Transport Region are further subject to CAA section 184.

    Ozone nonattainment areas of lower classifications have fewer and less stringent mandatory air quality planning and control requirements than those of higher classifications. For a Marginal area, a state is required to provide a baseline emissions inventory, adopt regulations to receive emissions statements from major stationary sources, and implement a nonattainment New Source Review (NSR) program for the relevant ozone standard.10 For a Moderate area, a state is required to comply with all the Marginal area requirements and, in addition, submit an analysis demonstrating how the area will attain the 2008 ozone NAAQS no more than 6 years from the effective date of initial designation to nonattainment. A state is also required to adopt and implement certain emissions controls, such as Reasonably Available Control Technology (RACT), for new or modified major stationary sources, apply greater emissions offsets than required for a Marginal area under the state's nonattainment NSR program, develop a basic vehicle inspection and maintenance program consistent with established population criteria, meet certain Rate of Progress or Reasonable Further Progress (RFP) requirements, and develop contingency measures for failure to meet RFP or timely attain the NAAQS.

    10See CAA section 182(a).

    On March 6, 2015, the EPA established a final implementation rule for the 2008 ozone NAAQS (2008 Ozone SIP Requirements Rule).11 That action detailed the attainment planning and control requirements applicable to ozone nonattainment areas and also established timelines for SIP submittals and compliance dates for implementing RACT in areas classified Moderate and above.

    11 Implementation of the 2008 National Ambient Air Quality Standards for Ozone: State Implementation Plan Requirements; final rule (80 FR 12264; March 6, 2015).

    The attainment date for the 36 nonattainment areas initially classified as Marginal for the 2008 ozone NAAQS was July 20, 2015. On May 4, 2016, the EPA determined that for 11 of these areas, states failed to attain the standard by the attainment date and did not qualify for a 1-year attainment date extension. By operation of law, such areas were reclassified to Moderate. In the same action, the EPA established January 1, 2017, as the deadline for states to submit Moderate area attainment plans for those reclassified areas and for implementing RACT.12 The EPA reclassified two additional areas from Marginal to Moderate in December 2016, both of which were also subject to the January 1, 2017, SIP submission and RACT compliance due dates.13 14

    12See 80 FR 12264; March 6, 2015, Section III.D.1.b., What are the SIP requirements for the 2008 ozone NAAQS?

    13 Determination of Nonattainment and Reclassification of the Houston-Galveston-Brazoria 2008 8-Hour Ozone Nonattainment Area; Texas; final rule (81 FR 90207; December 14, 2016).

    14 Reclassification of the Sheboygan, Wisconsin Area to Moderate Nonattainment for the 2008 Ozone National Ambient Air Quality Standards; final rule (81 FR 91841; December 19, 2016).

    III. Consequences of Findings of Failure To Submit

    For plan requirements under subpart D, title I of the CAA, such as those for ozone nonattainment areas, if the EPA finds that a state has failed to make the required SIP submittal or that a submitted SIP is incomplete, then CAA section 179 establishes specific consequences, including the eventual imposition of mandatory sanctions for the affected area(s).15 Additionally, such a finding triggers an obligation under CAA section 110(c) for the EPA to promulgate a FIP no later than 2 years from the effective date of the finding, if the affected state has not submitted, and the EPA has not approved, the required SIP submittal.16

    15See 42 U.S.C. 7509.

    16See 42 U.S.C. 7410(c).

    If the EPA has not affirmatively determined that a state has submitted a complete SIP addressing the deficiency that is the basis for these findings within 18 months of the effective date of this rulemaking, or the submittal has not become complete by operation of law 6 months after submittal, then pursuant to CAA section 179(a) and (b) and 40 CFR 52.31, the offset sanction identified in CAA section 179(b)(2) will apply in the affected nonattainment area. If the EPA has not affirmatively determined that the state has submitted a complete SIP addressing the deficiencies that are the basis for these findings within 6 months after the offset sanction is imposed, or the submittal has not become complete by operation of law 6 months after submittal, then the highway funding sanction will apply in the affected nonattainment area, in accordance with CAA section 179(b)(1) and 40 CFR 52.31. The state must make the required SIP submittal and the EPA must take final action to approve the submittal within 2 years of the effective date of these findings; otherwise, the EPA is required to promulgate a FIP. This is required pursuant to CAA section 110(c), for the affected nonattainment area.

    IV. Findings of Failure To Submit for States That Failed To Make a Moderate Nonattainment Area SIP Submittal

    Based on a review of SIP submittals received as of the date of this final action, the EPA is finding that the states listed in Table 1 have failed to submit specific SIP elements for the 2008 ozone NAAQS required under subpart 2 of part D of title 1 of the CAA.

    Table 1—Findings of Failure To Submit Certain Required SIP Elements for 2008 Ozone NAAQS Nonattainment Areas Region State Area name Required SIP elements 2 NJ New York-N. New Jersey-Long Island • Contingency measures for volatile organic compounds (VOC) and oxides of nitrogen (NOX);
  • • Ozone attainment demonstration;
  • • RACT Non-Control Techniques Guidelines for major stationary sources of VOC;
  • • RACT for major stationary sources of NOX; and
  • • RFP for VOC and NOX for Moderate nonattainment area.
  • 5 IL Chicago-Naperville • Basic Vehicle Inspection and Maintenance (I/M) program;
  • • Contingency measures for VOC and NOX;
  • • Nonattainment NSR program for Moderate nonattainment area;
  • • Ozone attainment demonstration;
  • • RACT Non-Control Techniques Guidelines for major stationary sources of VOC;
  • • RACT for major stationary sources of NOX; and
  • • RFP for VOC and NOX for Moderate nonattainment area.
  • 9 CA Kern County (Eastern Kern) • Nonattainment NSR program for Moderate nonattainment area; and
  • • RACT for major sources of NOX.
  • 9 CA Mariposa County • Emissions Statement; and
  • • Nonattainment NSR for Moderate nonattainment area.
  • 9 CA Nevada County (Western part) • Contingency measures for VOC and NOX;
  • • Emissions statement;
  • • Ozone attainment demonstration;
  • • RACT Non-Control Techniques Guidelines for major stationary sources of VOC;
  • • RACT for major stationary sources of NOX; and
  • • RFP for VOC and NOX for Moderate nonattainment area.
  • V. Environmental Justice Considerations

    The EPA believes that the human health or environmental risks addressed by this action will not have disproportionately high or adverse human health or environmental effects on minority, low-income, or indigenous populations. This is because it does not directly affect the level of protection provided to human health or environment under the ozone NAAQS. The purpose of this rule is to make findings that three states have failed to provide the EPA with the identified SIP submissions, which are required by the CAA for purposes of implementing the 2008 ozone NAAQS. As such, this action does not directly affect the level of protection provided for human health or the environment. Moreover, it is intended that the actions and deadlines resulting from this notice will lead to greater protection for United States citizens, including minority, low-income, or indigenous populations by ensuring that states meet their statutory obligation to develop and submit SIPs to ensure that areas make progress toward attaining the 2008 ozone NAAQS.

    VI. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

    C. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under the provisions of the PRA. This final rule does not establish any new information collection requirement apart from what is already required by law. This rule relates to the requirement in the CAA for states to submit SIPs under sections 172 and 182 which address the statutory requirements that apply to areas designated as Moderate nonattainment for the ozone NAAQS.

    D. Regulatory Flexibility Act (RFA)

    I certify that this rule will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. The rule is a finding that the named states have not submitted the necessary SIP revisions.

    E. Unfunded Mandates Reform Act of 1995 (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects 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.

    G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175. This rule finds that several states have failed to submit SIP revisions that satisfy the nonattainment area planning requirements under sections 172 and 182 of the CAA for the 2008 ozone NAAQS. No tribe is subject to the requirement to submit an implementation plan under section 172, or under subpart 2 of part D of Title I of the CAA. Thus, Executive Order 13175 does not apply to this action.

    H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it is a finding that several states have failed to submit SIP revisions that satisfy the Moderate nonattainment area planning requirements under sections 172 and 182 of the CAA for the 2008 ozone NAAQS and does not directly or disproportionately affect children.

    I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution or Use

    This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

    J. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

    K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income, or indigenous populations. In finding that several states have failed to submit SIP revisions that satisfy the Moderate nonattainment area planning requirements under sections 172 and 182 of the CAA for the 2008 ozone NAAQS, this action does not directly affect the level of protection provided to human health or the environment. The results of this evaluation are contained in Section V of this preamble titled “Environmental Justice Considerations.”

    L. Congressional Review Act (CRA)

    This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    M. Judicial Review

    Section 307(b)(l) of the CAA indicates which Federal Courts of Appeal have venue for petitions of review of final agency actions by the EPA under the CAA. This section provides, in part, that petitions for review must be filed in the United States Court of Appeals for the District of Columbia Circuit, (i) when the agency action consists of “nationally applicable regulations promulgated, or final actions taken, by the Administrator,” or (ii) when such action is locally or regionally applicable, if “such action is based on a determination of nationwide scope or effect and if in taking such action the Administrator finds and publishes that such action is based on such a determination.”

    The EPA has determined that this final rule consisting of findings of failure to submit certain of the required SIP revisions is “nationally applicable” within the meaning of section 307(b)(1) of the CAA. This final agency action affects three states with Moderate nonattainment areas located in three of the ten EPA Regional offices, and in three different U.S. Federal Circuit Courts (3rd Circuit for New Jersey; 7th Circuit for Illinois; and 9th Circuit for California).

    In addition, the EPA has determined that this rule has nationwide scope or effect because it addresses a common core of knowledge and analysis involved in formulating the decision and a common interpretation of the requirements of 40 CFR 51 appendix V applied to determining the completeness of SIPs in states across the country. This determination is appropriate because, in the 1977 CAA Amendments that revised CAA section 307(b)(l), Congress noted that the Administrator's determination that an action is of “nationwide scope or effect” would be appropriate for any action that has “scope or effect beyond a single judicial circuit.” H.R. Rep. No. 95-294 at 323-324, reprinted in 1977 U.S.C.C.A.N. 1402-03. Here, the scope and effect of this action extends to the three judicial circuits that include the states across the country affected by this action. In these circumstances, CAA section 307(b)(1) and its legislative history authorize the Administrator to find the rule to be of “nationwide scope or effect” and, thus, to indicate that venue for challenges lies in the District of Columbia Circuit. Accordingly, the EPA is determining that this rule is of nationwide scope or effect.

    Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the District of Columbia Circuit within 60 days from the date this final action is published in the Federal Register. Filing a petition for review by the Administrator of this final action does not affect the finality of the action for the purposes of judicial review, nor does it extend the time within which a petition for judicial review must be filed, and shall not postpone the effectiveness of such rule or action.

    List of Subjects in 40 CFR Part 52

    Environmental protection, Approval and promulgation of implementation plans, Administrative practice and procedures, Incorporation by reference, Air pollution control, Intergovernmental relations, and Reporting and recordkeeping requirements.

    Dated: November 29, 2017. William L. Wehrum, Assistant Administrator.
    [FR Doc. 2017-26537 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2017-0472; FRL-9968-24-OAR] RIN 2060-AT53 Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Direct final rule.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is taking direct final action to modify the use conditions required for use of three flammable refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers under the Significant New Alternatives Policy (SNAP) program. The use conditions, which address safe use of flammable refrigerants, are being revised to reflect the incorporation by reference of an updated standard from Underwriters Laboratories.

    DATES:

    This rule is effective on March 12, 2018 without further notice, unless EPA receives adverse comment by January 25, 2018. If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that the rule will not take effect. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by December 18, 2017. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of March 12, 2018.

    ADDRESSES:

    EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2017-0472. All documents in the docket are listed on the https://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, e.g., confidential business information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available electronically through https://www.regulations.gov or in hard copy at the Air and Radiation Docket, EPA/DC, EPA West, Room 3334, 1301 Constitution Avenue NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1742.

    FOR FURTHER INFORMATION CONTACT:

    Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-7768; email address: [email protected] Notices and rulemakings under EPA's Significant New Alternatives Policy program are available on EPA's Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

    SUPPLEMENTARY INFORMATION:

    We are modifying the use conditions for three flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-290), and R-441A, used in new household refrigerators, freezers, and combination refrigerators and freezers (hereafter “household refrigerators and freezers”) by replacing four of the five use conditions in our previous hydrocarbon refrigerants rules (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015) with the updated Underwriters Laboratories (UL) Standard 60335-2-24 (2nd edition, April 28, 2017), “Household and Similar Electrical Appliances—Safety—Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers.” See EPA's two previous rules (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015) for information on the SNAP program and the use conditions for isobutane, propane, and R-441A. UL Standard 60335-2-24 supersedes the current edition of UL Standard 250 (10th edition, August 25, 2000), “Household Refrigerators and Freezers,” which EPA previously incorporated by reference in the use conditions of the acceptability listings for these three refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). This action applies to new refrigerators, freezers, and combination refrigerator and freezers manufactured after the effective date of this regulation. This action does not place any significant burden on the regulated community and ensures consistency with standard industry practices.

    EPA is publishing this rule without a prior proposed rule because we view this as a noncontroversial action and anticipate no adverse comment. In the “Proposed Rules” section of this Federal Register, we are publishing a separate document that will serve as the proposed rule to modify these use conditions if adverse comments are received on this direct final rule. We will not institute a second comment period on this action. Any parties interested in commenting must do so at this time. For further information about commenting on this rule, see the ADDRESSES section of this document.

    If EPA receives adverse comment, we will publish a timely withdrawal in the Federal Register informing the public that all or part of this direct final rule will not take effect. We would address all public comments in any subsequent final rule based on the proposed rule.

    If requested by the date specified in the DATES section of this notice, EPA will hold a public hearing to accept oral testimony on this proposal on or before December 26, 2017 in Washington, DC. EPA will post all information regarding any public hearing on this proposed action, including whether a hearing will be held, its location, date, and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202) 564-7768 or by email at [email protected] with public hearing inquiries. EPA does not intend to publish any future notices in the Federal Register regarding a public hearing on this action and directs all inquiries regarding a hearing to the Web site and contact person identified above.

    You may claim that information in your comments is CBI, as allowed by 40 CFR part 2. If you submit comments and include information that you claim as CBI, we request that you submit them directly to Chenise Farquharson at the address under FOR FURTHER INFORMATION CONTACT in two versions: One clearly marked “Public” to be filed in the Public Docket, and the other marked “Confidential” to be reviewed by authorized government personnel only. This information will remain confidential unless EPA determines, in accordance with 40 CFR part 2, subpart B, that the information is not subject to protection as CBI.

    Table of Contents I. Does this action apply to me? II. Background A. What is the affected end-use? B. Refrigerant Flammability C. Use Conditions D. Revised UL Standard 60335-2-24 III. What action is the Agency taking? A. Use Conditions B. Incorporation by Reference C. Equipment Manufactured Prior to Effective Date of This Rule IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act D. Regulatory Flexibility Act E. Unfunded Mandates Reform Act F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51 K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act V. References I. Does this action apply to me?

    This final rule regulates the use of three flammable hydrocarbon refrigerants, isobutane, propane, and the hydrocarbon blend R-441A, in new household refrigerators and freezers. Table 1 identifies industry subsectors that may wish to explore the use of these flammable refrigerants in this end-use or that may work with equipment using these refrigerants in the future. Regulated entities may include:

    Table 1—Potentially Regulated Entities by North American Industrial Classification System (NAICS) Code Category NAICS code Description of regulated entities Industry 333415 Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Electric or Other (NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof. Industry 335222 Household Refrigerator and Home Freezer Manufacturing. Industry 811412 Appliance Repair and Maintenance.

    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria found in 40 CFR part 82. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section.

    II. Background A. What is the affected end-use?

    Household refrigerators, freezers, and combination refrigerators and freezers are intended primarily for residential use, although they may be used outside the home (e.g., workplace kitchen pantries). The designs and refrigeration capacities of equipment vary widely. This equipment is composed of three main categories—household freezers only offer storage space at freezing temperatures, household refrigerators only offer storage space at non-freezing temperatures, and products with both a refrigerator and freezer in a single unit are most common and are referred to as combination refrigerators and freezers. Small refrigerated household appliances exist (e.g., chilled kitchen drawers, wine coolers, and mini-fridges) that are also within this end-use. Throughout this notice, we refer to all of these uses with the phrase “household refrigerators and freezers.” Household refrigerators and freezers have all refrigeration components integrated, and for the smallest types, the refrigeration circuit is entirely brazed or welded. These systems are charged with refrigerant at the factory and typically require only an electricity supply to begin operation.

    The 2014 American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Handbook of Refrigeration provides an overview of food preservation in regards to household refrigerators and freezers. Generally, a storage temperature between 32 and 39 °F (0 to 3.9 °C) is desirable for preserving fresh food. Humidity and higher or lower temperatures are more suitable for certain foods and beverages. Wine chillers, for example, are frequently used for storing wine, and have slightly higher optimal temperatures from 45 to 65 °F (7.2 to 18.3 °C). Freezers and combination refrigerators and freezers that are designed to store food for long durations have temperatures below 8 °F (−13.3 °C) and are designed to hold temperatures near 0 to 5 °F (−17.7 to −15 °C). In single-door refrigerators, the optimum conditions for food preservation are typically warmer than this due to the fact that food storage is not intended for long-term storage.

    B. Refrigerant Flammability

    American National Standards Institute (ANSI)/ASHRAE Standard 34-2016 assigns a safety group classification for each refrigerant which consists of two alphanumeric characters (e.g., A2 or B1). The capital letter indicates the toxicity and the numeral denotes the flammability. ASHRAE classifies Class A refrigerants as refrigerants for which toxicity has not been identified at concentrations less than or equal to 400 parts per million (ppm) by volume, based on data used to determine threshold limit values (TLV)-time weighted average (TWA) or consistent indices. Class B signifies refrigerants for which there is evidence of toxicity at concentrations below 400 ppm by volume, based on data used to determine TLV-TWA or consistent indices. The refrigerants are also assigned a flammability classification of 1, 2, or 3. Tests are conducted in accordance with American Society for Testing and Materials (ASTM) E681 using a spark ignition source at 60 °C and 101.3 kPa.1

    1 ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety Classification of Refrigerants.

    The flammability classification “1” is given to refrigerants that, when tested, show no flame propagation. The flammability classification “2” is given to refrigerants that, when tested, exhibit flame propagation, have a heat of combustion less than 19,000 kJ/kg (8,174 British thermal units (BTU)/lb), and have a lower flammability limit (LFL) greater than 0.10 kg/m3. Refrigerants within flammability classification “2” may optionally be designated in the subclass “2L” if they have a maximum burning velocity of 10 cm/s or lower when tested at 23.0 °C and 101.3 kPa. The flammability classification “3” is given to refrigerants that, when tested, exhibit flame propagation and that either have a heat of combustion of 19,000 kJ/kg (8,174 BTU/lb) or greater or an LFL of 0.10 kg/m3 or lower. Thus, refrigerants with flammability classification “3” are highly flammable while those with flammability classification “2” are less flammable and those with flammability classification “2L” are mildly flammable. For both toxicity and flammability classifications, refrigerant blends are designated based on the worst-case of fractionation determined for the blend. Figure 1 illustrates these safety group classifications.

    ER11DE17.014 C. Use Conditions

    EPA previously found isobutane, propane, and R-441A acceptable, subject to use conditions, in new household refrigerators and freezers. In the proposed and final rules, EPA provided information on the environmental and health properties of the three refrigerants and the various substitutes available for use in household refrigerators and freezers. Additionally, EPA's risk screens for the three refrigerants are available in the docket for these rulemakings (EPA-HQ-OAR-2009-0286 and EPA-HQ-OAR-2013-0748).2 3

    2 Isobutane and R-441A: 75 FR 25799, May 10, 2010 (proposed rule); 76 FR 78832, December 20, 2011 (final rule).

    3 Propane: 79 FR 38811, July 9, 2014 (proposed rule); 80 FR 19454, April 10, 2015 (final rule).

    Isobutane, propane, and R-441A have an ASHRAE classification of A3, indicating that they have low toxicity and high flammability. The flammability risks are of concern because household refrigerators and freezers have traditionally used refrigerants that are not flammable. In the presence of an ignition source (e.g., static electricity, a spark resulting from a closing door, or a cigarette), an explosion or a fire could occur if the concentration of isobutane, propane, and R-441A were to exceed the LFL of 18,000 ppm, 21,000 ppm, and 20,500 ppm, respectively.

    To address flammability, EPA listed the refrigerants as acceptable, subject to use conditions, in new household refrigerators and freezers. The use conditions address safe use of flammable refrigerants and include incorporation by reference of Supplement SA to UL Standard 250, refrigerant charge size limits, and requirements for markings on equipment using the refrigerants to inform consumers and technicians of potential flammability hazards. Without appropriate use conditions, the flammability risk posed by the refrigerants could be higher than non-flammable refrigerants because individuals may not be aware that their actions could potentially cause a fire, and because the refrigerants could be used in existing equipment that has not been designed specifically to minimize flammability risks. Our assessment and listing decisions (76 FR 78832; December 20, 2011 and 80 FR 19454; April 10, 2015) found that with the use conditions, the overall risk of these substitutes, including the risk due to flammability, does not present significantly greater risk in the end-use than other substitutes that are currently or potentially available for that same end-use.

    The use conditions required the following:

    1. New equipment only; not intended for use as a retrofit alternative: These refrigerants may be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or “retrofit” 4 refrigerant for existing equipment designed for a different refrigerant);

    4 Sometimes conversion refrigerant substitutes are inaccurately referred to as “drop in” replacements.

    2. UL standard: These refrigerants may be used only in a refrigerator or freezer, or combination refrigerator and freezer, that meets all requirements listed in Supplement SA to the 10th edition of the UL Standard for Household Refrigerators and Freezers, UL 250, dated August 25, 2000). In cases where the final rule includes requirements more stringent than those of the 10th edition of UL Standard 250, the appliance must meet the requirements of the final rule in place of the requirements in the UL standard;

    3. Charge size: The charge size must not exceed 57 grams (2.01 ounces) in any refrigerator, freezer, or combination refrigerator and freezer in each circuit;

    4. Color-coded hoses and piping: As provided in clauses SA6.1.1 and SA6.1.2 of UL Standard 250, 10th edition, the refrigerator, freezer, or combination refrigerator and freezer must have red Pantone Matching System (PMS) #185 marked pipes, hoses, or other devices through which the refrigerant passes, to indicate the use of a flammable refrigerant. This color must be present at all service ports and other parts of the system where service puncturing or other actions creating an opening from the refrigerant circuit to the atmosphere might be expected and must extend a minimum of one (1) inch in both directions from such locations; and

    5. Labeling: The following markings, or the equivalent, must be provided and must be permanent:

    a. “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. Do Not Use Mechanical Devices To Defrost Refrigerator. Do Not Puncture Refrigerant Tubing.” This marking must be provided on or near any evaporators that can be contacted by the consumer.

    b. “DANGER—Risk of Fire or Explosion. Flammable Refrigerant Used. To Be Repaired Only By Trained Service Personnel. Do Not Puncture Refrigerant Tubing.” This marking must be located near the machine compartment.

    c. “CAUTION—Risk of Fire or Explosion. Flammable Refrigerant Used. Consult Repair Manual/Owner's Guide Before Attempting To Service This Product. All Safety Precautions Must be Followed.” This marking must be located near the machine compartment.

    d. “CAUTION—Risk of Fire or Explosion. Dispose of Properly In Accordance With Federal Or Local Regulations. Flammable Refrigerant Used.” This marking must be provided on the exterior of the refrigeration equipment.

    e. “CAUTION—Risk of Fire or Explosion Due To Puncture Of Refrigerant Tubing; Follow Handling Instructions Carefully. Flammable Refrigerant Used.” This marking must be provided near all exposed refrigerant tubing.

    f. All of these markings must be in letters no less than 6.4 mm (1/4 inch) high.

    D. Revised UL Standard 60335-2-24

    UL first established Standard 60335-2-24 on August 21, 2006, to address the safety of household and similar electrical appliances that use flammable refrigerants. Specifically, the standard applies to the safety of refrigerating appliances for household and similar use, ice-makers incorporating a motor-compressor and ice-makers intended to be incorporated in frozen food storage compartments, and refrigerating appliances and ice-makers for use in camping, touring caravans and boats for leisure purposes. In response to industry's interest to reconsider the use of flammable refrigerants in refrigeration and air conditioning (AC) equipment and at larger charge sizes, UL formed a Joint Task Group (JTG) comprised of members of its Standards Technical Panel (STP) in 2011. The JTG was tasked with developing recommendations for addressing the use and safety of refrigerants classified as A2, A2L, and A3.

    One of the outcomes of the work of the JTG is the revised UL Standard 60335-2-24, which is based on International Electrotechnical Commission (IEC) Standard 60335-2-24 “Household and Similar Electrical Appliances—Safety—Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers” (edition 7.1, May 2012). The revised UL Standard 60335-2-24 was developed in an open and consensus-based approach, with the assistance of experts in the refrigeration and AC industry as well as experts involved in assessing the safety of products. The revision cycle, including final recirculation, concluded on February 6, 2017, and UL published the updated standard on April 28, 2017. The 2017 standard supersedes the previous edition published in August 2006, and also replaces the current edition of UL Standard 250 (10th edition, August 2000).

    The revised UL Standard 60335-2-24 establishes requirements for the evaluation of household and similar electrical appliances and the safe use of refrigerants with a flammability classification of A2, A2L, or A3. The charge size limit for each separate refrigerant circuit (i.e., compressor, condenser, evaporator, and refrigerant piping) is 150 grams (5.3 ounces). This differs from the charge size limit in Supplement SA to UL 250, which was 50 grams. Similar to Supplement SA to UL 250, UL Standard 60335-2-24 requires testing of refrigeration appliances containing flammable refrigerants, including leakage tests, temperature and scratch tests, and heat testing requirements to address the hazards due to ignition of leaked refrigerant by potential ignition sources associated with the appliance (see sections 22.107-22.110 and the relevant annexes of the standard for specific testing requirements). These tests are intended, among other things, to ensure that any leaks will result in concentrations well below the LFL, and that potential ignition sources will not be able to create temperatures high enough to start a fire. Appliances that are in compliance with UL Standard 60335-2-24 have passed appropriate ignition or leakage tests as stipulated in the standard. Passing the leakage test ensures that refrigerant concentrations in the event of a leak do not reach or exceed 75 percent of the LFL inside any internal or external electrical component compartments.

    III. What action is the Agency taking? A. Use Conditions

    In this direct final rule, EPA is replacing the reference to the 2000 UL Standard 250 in use condition “2” with the updated 2017 UL Standard 60335-2-24 “Safety Requirements for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers” (2nd Edition, April 28, 2017). In addition, EPA is replacing the use conditions in “3,” “4,” and “5” with the updated 2017 UL standard 60335-2-24 because the UL standard provides for the identical requirements in those use conditions and thus provides the same level of assurance that the three substitutes can be used as safely as nonflammable alternatives. The revised use conditions apply to new household refrigerators and freezers manufactured after the effective date of this regulation. The new use conditions are as follows:

    1. New equipment only; not intended for use as a retrofit alternative: Propane, isobutane, and R-441A may be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or “retrofit” 5 refrigerant for existing equipment designed for a different refrigerant); and

    5 Sometimes conversion refrigerant substitutes are inaccurately referred to as “drop in” replacements.

    2. UL standard: These refrigerants may be used only in equipment that meets all requirements in UL Standard 60335-2-24 (2nd edition, April 28, 2017).

    a. Charge Size

    EPA previously required a charge size limit of 57 grams (2.01 ounces) for each separate refrigerant circuit in a refrigerator or freezer in use condition “3.” In this action, EPA is removing use condition “3.” To comply with UL Standard 60335-2-24, the maximum charge size for each separate refrigerant circuit in a refrigerator or freezer would need to be 150 grams (5.29 ounces), consistent with UL Standard 60335-2-24.

    EPA evaluated reasonable worst-case and more typical, yet conservative, scenarios to model the effects of the sudden release of each refrigerant from a household refrigerator or freezer containing the maximum charge size of 150 grams (5.29 ounces). This was done to determine whether the refrigerants would present flammability or toxicity concerns for consumers or workers, including those servicing or disposing of appliances. To represent a reasonable worst-case scenario, it was assumed that a catastrophic leak of each refrigerant would occur while the refrigerator or freezer unit is located in a residential kitchen with a height of approximately 2.4 meters (i.e., a standard 8-foot ceiling) and a minimum effective volume of 18 m3 (640 ft3) or an effective volume of 53 m3 (1,870 ft3) (i.e., excluding the space filled by cabinets, other kitchen equipment) (Murray 1997). The minimum kitchen volume of 18 m3 (640 ft3) does not consider residential kitchen spaces that are often connected to other rooms (e.g., living room, dining room) through open pathways or swinging doors, which would also increase the effective volume of the space into which a refrigerant would be released, thereby reducing the likelihood that the instantaneous concentration of the refrigerants would exceed the LFL. Conversely, the larger kitchen volume used in the analysis (i.e., 53 m3) considers air-mixing that is likely to occur within the spaces that are adjacent to the kitchen (Murray 1997). Both kitchen volumes modeled in this analysis are conservative, as the average kitchen zone volume in the United States is 199 m3; the minimum kitchen zone volume is 31 m3; and 99 percent of the sampled kitchen zones are larger than 53 m3 (Murray 1997).

    EPA's analysis for each of the refrigerants revealed that even if the unit's full charge were emitted within one minute, the concentration would not reach the LFL for that refrigerant in the less conservative 53 m3 (1,870 ft3) kitchen, showing a lack of flammability risk. The threshold analyses demonstrated that a flammability concern could exist in the minimum modeled kitchen volume (i.e., 18 m3 (640 ft3)) if the charge size of the household refrigerator or freezer exceeded 120 grams, which is slightly smaller than the maximum modeled charge size (i.e., 150 grams). However, the estimated exposures were derived using conservative assumptions (e.g., small room size, no ventilation). A 150-gram household refrigeration unit would have to be installed in a kitchen at least 2.3 times smaller than the less conservative kitchen size modeled in the worst-case conditions at end-use in order for flammability to be of concern. As a result, EPA determined that a release of a 150-gram unit does not present a significant flammability risk in the reasonable worst-case scenario for the three refrigerants in household refrigerators and freezers.

    Concerning toxicity of the refrigerants, our risk screens find that the 30-minute acute exposure guideline level (AEGL) (i.e., 6,900 ppm) is exceeded only in the worst-case scenario for the minimum kitchen volume (i.e., 18 m3). Based upon our analysis, the minimum room sizes in which installed equipment could cause a toxicity concern would have to be approximately 0.8 times smaller than the maximum modeled room size of 53 m3 (1,870 ft3), which is a conservative kitchen volume in the United States (Murray 1997). Thus, we have determined that isobutane, propane, and R-441A do not pose significantly greater flammability and toxicity risks than other acceptable refrigerants in the household refrigerators and freezers end-use. The higher charge size included in the revised use condition will provide greater flexibility to appliance manufacturers in the design of equipment while also ensuring that such equipment will not pose greater risk than similar equipment using other acceptable alternatives. For more information about EPA's risk assessments, see the docket for this rulemaking (EPA-HQ-OAR-2017-0472).

    b. Color-Coded Hoses and Piping, and Labeling

    UL Standard 60335-2-24 includes requirements for red PMS #185 marked pipes, hoses, and other devices through which the refrigerant passes, and requirements for markings in letters no less than 6.4 mm (1/4 inch) high to inform consumers and technicians of potential flammability hazards are addressed in (see sections 7.1 and 22.106 of the standard for additional information on the required marking and warning labels). Retaining the use conditions in “4” and “5” in EPA's previous hydrocarbon refrigerants rules would be redundant of the updated standard. Therefore, we are replacing the use conditions in “4” and “5” with UL Standard 60335-2-24.

    B. Incorporation by Reference

    Through this action EPA is incorporating by reference UL Standard 60335-2-24, “Safety Requirements for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers” (2nd edition, April 2017), which establishes requirements for the evaluation of household and similar electrical appliances, and safe use of flammable refrigerants. This approach is the same as that used to incorporate Supplement SA to UL 250 10th edition in our previous rules on flammable refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015).

    The UL standard is available for purchase by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for hardcopy. UL also offers a subscription service to the Standards Certification Customer Library (SCCL) that allows unlimited access to their standards and related documents. The cost of obtaining this standard is not a significant financial burden for equipment manufacturers and purchase is not required for those selling, installing and servicing the equipment. Therefore, EPA concludes that the UL standard being incorporated by reference is reasonably available.

    C. Equipment Manufactured Prior to Effective Date of This Rule

    The use conditions in this rule apply to new household refrigerators and freezers manufactured after the effective date of this regulation. New household refrigerators and freezers manufactured and used with isobutane on or after January 19, 2012, or such equipment manufactured and used with propane or R-441A on or after May 10, 2015, was required to meet the requirements of the earlier use conditions of the December 20, 2011 and April 10, 2015 final rules, including compliance with UL 250 (10th edition, August 25, 2000), “Household Refrigerators and Freezers.” This rule does not apply to or affect equipment manufactured before the effective date of this rule and which was manufactured in compliance with the SNAP requirements applicable at the time of manufacture.

    IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

    A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs

    This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

    C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection requirements contained in the existing regulations and has assigned OMB control number 2060-0226. This rule contains no new requirements for reporting or recordkeeping.

    D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule.

    The use conditions of this rule apply to manufacturers of new household refrigerators and freezers, that choose to use flammable refrigerants. This action allows equipment manufacturers to use flammable refrigerants at a higher charge size than previously allowed in new household refrigerators and freezers but does not mandate such use; the change to the use conditions allows more flexibility for manufacturers in the design of equipment and thus reduces the regulatory burden to the regulated community. In some cases, it may reduce costs by allowing manufacturers to design equipment with a single, larger refrigerant circuit instead of multiple, smaller refrigerant circuits for the same piece of equipment.

    E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects 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.

    G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action.

    H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action's health and risk assessments are contained in risk screens for the various substitutes.6 7 8 The risk screens are available in the docket for this rulemaking.

    6 ICF, 2017a. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Propane (R-290).

    7 ICF, 2017b. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Isobutane (R-600a).

    8 ICF, 2017c. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: R-441A.

    I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.

    J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51

    This action involves a technical standard. EPA is revising the use conditions for the household refrigerators and freezers end-use by incorporating by reference the UL Standard 60335-2-24, “Safety Requirements for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers” (2nd edition, April 2017), which establishes requirements for the evaluation of household and similar electrical appliances, and safe use of flammable refrigerants. UL Standard 60335-2-24 supersedes the current edition of UL Standard 250, Supplement SA, “Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System” (10th Edition, August 2000). EPA's revision to the use conditions will replace the 2000 UL standard 250 with the 2017 UL standard 60335-2-24. This standard is available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for hardcopy. UL also offers a subscription service to the Standards Certification Customer Library (SCCL) that allows unlimited access to their standards and related documents. The cost of obtaining this standard is not a significant financial burden for equipment manufacturers and purchase is not required for those selling, installing and servicing the equipment. Therefore, EPA concludes that the UL standard being incorporated by reference is reasonably available.

    K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    The human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action's health and environmental risk assessments are contained in the risk screens for the various substitutes. The risk screens are available in the docket for this rulemaking.

    L. Congressional Review Act (CRA)

    This action is subject to the CRA, and EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a “major rule” as defined by 5 U.S.C. 804(2).

    V. References

    Unless specified otherwise, all documents are available electronically through the Federal Docket Management System, Docket # EPA-HQ-OAR-2017-0472.

    ASHRAE, 2016. ANSI/ASHRAE Standard 34-2016: Designation and Safety Classification of Refrigerants. ICF, 2017a. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Propane (R-290). ICF, 2017b. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Isobutane (R-600a). ICF, 2017c. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: R-441A. Murray, D.M. (1997). Residential house and zone volumes in the United States: empirical and estimated parametric distributions. Risk Anal 17: 439-446. Available online at: http://onlinelibrary.wiley.com/doi/10.1111/j.1539-6924.1997.tb00884.x/full. UL 250. Household Refrigerators and Freezers. 10th edition. Supplement SA: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. August 2000. UL 60335-2-24. Safety Requirements for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers. 2nd edition. April 2017. List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Recycling, Reporting and recordkeeping requirements, Stratospheric ozone layer.

    Dated: November 20, 2017. E. Scott Pruitt, Administrator.

    For the reasons set out in the preamble, 40 CFR part 82 is amended as follows:

    PART 82—PROTECTION OF STRATOSPHERIC OZONE 1. The authority citation for part 82 continues to read as follows: Authority:

    42 U.S.C. 7414, 7601, 7671-7671q.

    Subpart G—Significant New Alternatives Policy Program 2. Amend Appendix R to subpart G of part 82 by: a. Revising the heading; b. Removing the two entries in the table for “Household refrigerators, freezers, and combination refrigerators and freezers (New equipment only)” and adding a new entry in their place; and c. Revising the NOTE at the end of the table.

    The revisions and additions to read as follows:

    Appendix R to Subpart G of Part 82—Substitutes Subject to Use Restrictions Listed in the December 20, 2011, Final Rule, Effective February 21, 2012, in the April 10, 2015 Final Rule, Effective May 11, 2015, and in the December 11, 2017 Final Rule, Effective March 12, 2018 Substitutes That Are Acceptable Subject to Use Conditions End-use Substitute Decision Use conditions Further information Household refrigerators, freezers, and combination refrigerators and freezers (New equipment only) Isobutane (R-600a) Propane (R-290) R-41A Acceptable subject to use conditions As of March 12, 2018: 9 These refrigerants may be used only in new equipment designed specifically and clearly identified for the refrigerant (i.e., none of these substitutes may be used as a conversion or “retrofit” refrigerant for existing equipment designed for a different refrigerant)
  • These refrigerants may be used only in a refrigerator or freezer, or combination refrigerator and freezer, that meets all requirements listed in the 2nd edition of the Underwriters Laboratories (UL) Standard for Safety: Household and Similar Electrical Appliances—Safety—Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, UL 60335-2-24, dated April 28, 2017
  • Applicable OSHA requirements at 29 CFR part 1910 must be followed, including those at 29 CFR 1910.106 (flammable and combustible liquids), 1910.110 (storage and handling of liquefied petroleum gases), 1910.157 (portable fire extinguishers), and 1910.1000 (toxic and hazardous substances).Proper ventilation should be maintained at all times during the manufacture and storage of equipment containing hydrocarbon refrigerants through adherence to good manufacturing practices as per 29 CFR 1910.106. If refrigerant levels in the air surrounding the equipment rise above one-fourth of the lower flammability limit, the space should be evacuated and re-entry should occur only after the space has been properly ventilated.
  • Technicians and equipment manufacturers should wear appropriate personal protective equipment, including chemical goggles and protective gloves, when handling these refrigerants. Special care should be taken to avoid contact with the skin since these refrigerants, like many refrigerants, can cause freeze burns on the skin. A Class B dry powder type fire extinguisher should be kept nearby.
  • Technicians should only use spark-proof tools when working on refrigerators and freezers with these refrigerants.
  • Any recovery equipment used should be designed for flammable refrigerants. Any refrigerant releases should be in a well-ventilated area, such as outside of a building. Only technicians specifically trained in handling flammable refrigerants should service refrigerators and freezers containing these refrigerants. Technicians should gain an understanding of minimizing the risk of fire and the steps to use flammable refrigerants safely.
  • *         *         *         *         *         *         * Note: The use conditions in this appendix contain references to certain standards from Underwriters Laboratories Inc. (UL). The standards are incorporated by reference, and the referenced sections are made part of the regulations in part 82: 1. UL 471. Commercial Refrigerators and Freezers. 10th edition. Supplement SB: Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System. Underwriters Laboratories, Inc. November 24, 2010. 2. UL 484. Room Air Conditioners. 8th edition. Supplement SA: Requirements for Room Air Conditioners Employing a Flammable Refrigerant in the Refrigerating System and Appendices B through F. December 21, 2007, with changes through August 3, 2012. 3. UL 541. Refrigerated Vending Machines. 7th edition. Supplement SA: Requirements for Refrigerated Venders Employing a Flammable Refrigerant in the Refrigerating System. December 30, 2011 4. UL Standard 60335-2-24. Standard for Safety: Requirements for Household and Similar Electrical Appliances,—Safety—Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers, Second edition, dated April 28, 2017. The Director of the Federal Register approves the incorporation by reference of the material under “Use Conditions” in the table “SUBSTITUTES THAT ARE ACCEPTABLE SUBJECT TO USE CONDITIONS” (5 U.S.C. 552(a) and 1 CFR part 51). Copies of UL Standards 60335-2-24, 471, 484, and 541 may be purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/Catalog.aspx. You may inspect a copy at U.S. EPA's Air Docket; EPA West Building, Room 3334; 1301 Constitution Ave. NW.; Washington, DC or at the National Archives and Records Administration (NARA). For questions regarding access to these standards, the telephone number of EPA'S Air Docket is 202-566-1742. For information on the availability of this material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    9 Prior to this date, manufacturers of new household refrigerants and freezers must comply with the use conditions in EPA's previous hydrocarbon refrigerants rules (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015), codified at 40 CFR part 82, Appendix R to subpart G, which include a charge limit of 57 grams for each separate refrigerant circuit and a requirement to meet Supplement SA to the UL 250 Standard, 10th edition, for household refrigerators and freezers.

    [FR Doc. 2017-26085 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 665 [Docket No. 170120106-7999-01] RIN 0648-XF186 Pacific Island Fisheries; 2017 Annual Catch Limits and Accountability Measures AGENCY:

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

    ACTION:

    Final specifications.

    SUMMARY:

    In this final rule, NMFS specifies annual catch limits (ACLs) for Pacific Island crustacean, precious coral, and territorial bottomfish fisheries, and accountability measures (AMs) to correct or mitigate any overages of catch limits. The ACLs and AMs will be effective for fishing year 2017. Although the 2017 fishing year has nearly ended for most stocks, we will evaluate 2017 catches against these final ACLs when data become available in mid-2018. The proposed ACLs and AMs support the long-term sustainability of fishery resources of the U.S. Pacific Islands.

    DATES:

    The final specifications are effective January 10, 2018. The final specifications are applicable from January 1, 2017, through December 31, 2017, except for precious coral fisheries, which are applicable from July 1, 2017, through June 30, 2018.

    ADDRESSES:

    Copies of the Fishery Ecosystem Plans for the Hawaiian Archipelago, American Samoa, and the Northern Mariana Islands are available from the Western Pacific Fishery Management Council (Council), 1164 Bishop St., Suite 1400, Honolulu, HI 96813, tel 808-522-8220, fax 808-522-8226, or www.wpcouncil.org. Copies of the environmental analyses and other supporting documents for this action, identified by NOAA-NMFS-2017-0012, are available at http://www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0012, or from Michael D. Tosatto, Regional Administrator, NMFS Pacific Islands Region (PIR), 1845 Wasp Blvd. Bldg. 176, Honolulu, HI 96818.

    FOR FURTHER INFORMATION CONTACT:

    Sarah Ellgen, NMFS PIR Sustainable Fisheries, 808-725-5173.

    SUPPLEMENTARY INFORMATION:

    NMFS is specifying ACLs and AMs for the crustacean and precious corals MUS in American Samoa, Guam, the CNMI, and Hawaii, and the bottomfish MUS in American Samoa, Guam, and the CNMI for fishing year 2017. NMFS proposed these specifications on October 30, 2017 (82 FR 50112), and the final specifications do not differ from those proposed. The 2017 fishing year began on January 1 and ended on December 31, except for precious coral fisheries, which began on July 1, 2017, and ends on June 30, 2018. The final 2017 ACLs and AMs are identical to those that NMFS specified for 2016 (82 FR 18716, April 21, 2017).

    The 2017 ACL for CNMI slipper lobsters is identical to the 2016 ACL, even though 2016 fishery data indicate that catch exceeded the 2016 ACL. For these lobsters, there is no estimate of the overfishing limit or maximum sustainable yield. Prior to 2016, there were only three years (2007-2009) of available catch information, so in 2014, the Council's Scientific and Statistical Committee recommended a proxy for calculating the ACL for CNMI slipper lobsters. Using a catch-to-habitat proxy with data from the Hawaii slipper lobster fishery (the only area that has specifically documented harvesting of slipper lobsters) the Council recommended setting an ACL for CNMI slipper lobsters in 2016-2018 at the allowable biological catch (60 lb). At its June 2017 meeting, the Council reviewed the 2016 CNMI slipper lobster catch and noted that the 304 lb reported catch, combined with zero reported catch in the previous two years, resulted in a three-year average catch of 101 lb, which exceeded the ACL. The Council determined that the increase in reported catch was due to the Territory Science Initiative (a pilot program to improve commercial vendor reporting in the CNMI) and the associated improvements in catch reporting, not due to actual increase in harvest. The Council also concluded that, based on current stock data, the overage was not likely to have had an impact on stock sustainability or result in overfishing. The Council concluded that applying the 2016 AM (which would have reduced the 2017 ACL by the amount of the overage) was not necessary and, instead, recommended maintaining the 2017 CNMI slipper lobster ACL at 60 lb. The three-year average catch of the other fisheries identified in this action did not exceed their respective ACLs.

    In this action, NMFS is not specifying 2017 ACLs for Hawaii Kona crab and Hawaii non-Deep 7 bottomfish, or coral reef ecosystem MUS in any island area. This is because NMFS has new information that requires additional environmental analyses to support the Council's ACL recommendations for those MUS. NMFS may propose those ACL specifications in a separate action(s). In addition, NMFS has already specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish (82 FR 29778, June 30, 2017).

    NMFS is also not specifying ACLs for MUS that are currently subject to Federal fishing moratoria or prohibitions. They include all species of gold coral (78 FR 32181, May 29, 2013), the three Hawaii seamount groundfish, that is pelagic armorhead, alfonsin, and raftfish (75 FR 69015, November 10, 2010), and all species of deep-water precious corals at the Westpac Bed Refugia (75 FR 2198, January 14, 2010). The current prohibitions on fishing for these MUS serve as a functional equivalent of an ACL of zero.

    Additionally, NMFS is not specifying ACLs for bottomfish, crustacean, precious coral, or coral reef ecosystem MUS identified in the Pacific Remote Islands Area (PRIA) FEP. This is because fishing is prohibited in the EEZ within 12 nm of emergent land, unless authorized by the U.S. Fish and Wildlife Service (USFWS), pending the USFWS sending NMFS fishery data during consultation with NMFS and the Council (78 FR 32996, June 3, 2013). To date, NMFS has not received fishery data that would support any such approvals. There is also no suitable habitat for these stocks beyond the 12-nm no-fishing zone, except at Kingman Reef, where fishing for these resources does not occur. Therefore, the current prohibitions on fishing serve as the functional equivalent of an ACL of zero. However, NMFS will continue to monitor authorized fishing within the PRIA Monument in consultation with the U.S. Fish and Wildlife Service, and may develop additional fishing requirements, including monument-specific catch limits for species that may require them.

    NMFS is not specifying ACLs for pelagic MUS because we previously determined that pelagic species are subject to international fishery agreements or have a life cycle of approximately one year and, therefore, have statutory exceptions to the ACL requirements. In addition, NMFS specified the 2017-2018 ACL and AM for Hawaii Deep 7 bottomfish earlier this year (82 FR 29778, June 30, 2017).

    2017 Annual Catch Limits

    Tables 1-4 specify the 2017 ACLs.

    Table 1—American Samoa Fishery Management unit species Proposed ACL specification
  • (lb)
  • Bottomfish Bottomfish multi-species stock complex 106,000 Crustacean Deepwater shrimp 80,000 Spiny lobster 4,845 Slipper lobster 30 Kona crab 3,200 Precious Coral Black coral 790 Precious corals in the American Samoa Exploratory Area 2,205
    Table 2—Guam Fishery Management unit species Proposed ACL specification
  • (lb)
  • Bottomfish Bottomfish multi-species stock complex 66,000 Crustaceans Deepwater shrimp 48,488 Spiny lobster 3,135 Slipper lobster 20 Kona crab 1,900 Precious Coral Black coral 700 Precious corals in the Guam Exploratory Area 2,205
    Table 3—CNMI Fishery Management unit species Proposed ACL specification
  • (lb)
  • Bottomfish Bottomfish multi-species stock complex 228,000 Crustacean Deepwater shrimp 275,570 Spiny lobster 7,410 Slipper lobster 60 Kona crab 6,300 Precious Coral Black coral 2,100 Precious corals in the CNMI Exploratory Area 2,205
    Table 4—Hawaii Fishery Management unit species Proposed ACL specification
  • (lb)
  • Crustacean Deepwater shrimp 250,773 Spiny lobster 15,000 Slipper lobster 280 Precious Coral Auau Channel black coral 5,512 Makapuu Bed—Pink coral 2,205 Makapuu Bed—Bamboo coral 551 180 Fathom Bank—Pink coral 489 180 Fathom Bank—Bamboo coral 123 Brooks Bank—Pink coral 979 Brooks Bank—Bamboo coral 245 Kaena Point Bed—Pink coral 148 Kaena Point Bed—Bamboo coral 37 Keahole Bed—Pink coral 148 Keahole Bed—Bamboo coral 37 Precious corals in the Hawaii Exploratory Area 2,205
    Accountability Measures

    Federal logbook entries and required catch reporting from fisheries in Federal waters are not sufficient to monitor and track catches towards the ACL specifications accurately. This is because most fishing for bottomfish, crustacean, precious coral, and coral reef ecosystem MUS occurs in state waters, generally 0-3 nm from shore. For these reasons, NMFS will apply a moving 3-year average catch to evaluate fishery performance against the ACLs. Specifically, NMFS and the Council will use the average catch during fishing year 2015, 2016, and 2017 to evaluate fishery performance against the appropriate 2017 ACL. At the end of each fishing year, the Council will review catches relative to each ACL. If NMFS and the Council determine that the three-year average catch for the fishery exceeds the specified ACL, NMFS and the Council will reduce the ACL for that fishery by the amount of the overage in 2018.

    You may review additional background information on this action in the preamble to the proposed specifications (82 FR 50112; October 30, 2017); we do not repeat that information here.

    Comments and Responses

    The comment period for the proposed specifications ended on November 14, 2017. NMFS received no public comments. NMFS specifically invited public comments addressing the impact, if any, of the proposed specifications on cultural fishing practices in American Samoa. NMFS received no comments for these specifications regarding cultural fishing practices or impacts to such fishing practices in American Samoa. NMFS has no information that these ACLs and AMs will have any impact on American Samoa cultural fishing practices.

    Changes From the Proposed Specifications

    There are no changes in the final specifications from the proposed specifications.

    Classification

    The Regional Administrator, NMFS PIR, determined that this action is necessary for the conservation and management of Pacific Island fisheries, and that it is consistent with the Magnuson-Stevens Fishery Conservation and Management Act and other applicable laws.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration during the proposed rule stage that this action would not have a significant economic impact on a substantial number of small entities. NMFS published the factual basis for certification in the proposed specifications, and does not repeat it here. NMFS did not receive comments regarding the certification and has no reason to think that anything has changed to affect it. As a result, a final regulatory flexibility analysis is not required, and one was not prepared.

    This action is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 6, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2017-26624 Filed 12-8-17; 8:45 am] BILLING CODE 3510-22-P
    82 236 Monday, December 11, 2017 Proposed Rules DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 966 [Doc. No. AMS-SC-17-0051; SC17-966-1 PR] Tomatoes Grown in Florida; Decreased Assessment Rate AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule.

    SUMMARY:

    This proposed rule would implement a recommendation from the Florida Tomato Committee (Committee) for a decrease in the assessment rate established for the 2017-18 and subsequent fiscal periods of tomatoes grown in Florida, handled under the marketing order (Order). The assessment rate would remain in effect indefinitely unless modified, suspended, or terminated. This proposed rule also makes administrative revisions to the subpart headings to bring the language into conformance with the Office of Federal Register requirements.

    DATES:

    Comments must be received by January 10, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments concerning this proposed rule. Comments must be sent to the Docket Clerk, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Fax: (202) 720-8938; or internet: http://www.regulations.gov. Comments should reference the document number and the date and page number of this issue of the Federal Register and will be available for public inspection in the Office of the Docket Clerk during regular business hours, or can be viewed at: http://www.regulations.gov. All comments submitted in response to this rule will be included in the record and will be made available to the public. Please be advised that the identity of the individuals or entities submitting the comments will be made public on the Internet at the address provided above.

    FOR FURTHER INFORMATION CONTACT:

    Steven W. Kauffman, Marketing Specialist, or Christian D. Nissen, Regional Director, Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (863) 324-3375, Fax: (863) 291-8614, or Email: [email protected] or [email protected]

    Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250-0237; Telephone: (202) 720-2491, Fax: (202) 720-8938, or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This action, pursuant to 5 U.S.C. 553, proposes an amendment to regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This proposed rule is issued under Marketing Agreement No. 125 and Order No. 966, as amended (7 CFR part 966), regulating the handling of tomatoes grown in Florida. Part 966, (hereinafter referred to as the “Order”), is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674), hereinafter referred to as the “Act.” The Committee locally administers the Order and is comprised of producers of tomatoes operating within the area of production.

    The Department of Agriculture (USDA) is issuing this proposed rule in conformance with Executive Orders 13563 and 13175. This proposed rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this proposed rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB's Memorandum titled “Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled `Reducing Regulation and Controlling Regulatory Costs' ” (February 2, 2017).

    This proposed rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, Florida tomato handlers are subject to assessments. Funds to administer the Order are derived from such assessments. It is intended that the assessment rate will be applicable to all assessable tomatoes beginning on August 1, 2017, and continue until amended, suspended, or terminated.

    The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. Such handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA's ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling.

    This proposed rule would decrease the assessment rate established for the Committee for the 2017-18 and subsequent fiscal periods from $0.035 to $0.025 per 25-pound container or equivalent of tomatoes handled.

    The Order provides authority for the Committee, with the approval of USDA, to formulate an annual budget of expenses and collect assessments from handlers to administer the program. The members of the Committee are producers of Florida tomatoes. They are familiar with the Committee's needs and with the costs for goods and services in their local area and are thus in a position to formulate an appropriate budget and assessment rate. The assessment rate is formulated and discussed in a public meeting. Thus, all directly affected persons have an opportunity to participate and provide input.

    For the 2016-17 and subsequent fiscal periods, the Committee recommended, and USDA approved, an assessment rate that would continue in effect from fiscal period to fiscal period unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other information available to USDA.

    The Committee met on August 22, 2017, and unanimously recommended 2017-18 expenditures of $1,494,600 and an assessment rate of $0.025 per 25-pound container or equivalent of tomatoes. Last year's budgeted expenditures were also $1,494,600. The assessment rate of $0.025 is $0.01 lower than the rate currently in effect. The Committee recommended decreasing the assessment rate to reduce the assessment burden on handlers and utilize funds from the authorized reserve to help cover Committee expenses.

    The major expenditures recommended by the Committee for the 2017-18 year include $450,000 for staff salaries, $400,000 for research, and $400,000 for education and promotion. Budgeted expenses for these items in 2016-17 were also $450,000, $400,000, and $400,000, respectively.

    The assessment rate recommended by the Committee was derived by considering anticipated expenses, expected shipments of Florida tomatoes, and the level of funds in the authorized reserve. Tomato shipments for the year are estimated at 33 million 25-pound containers, which should provide $825,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, would be adequate to cover budgeted expenses. Funds in the reserve (currently $979,410) would be kept within the maximum permitted by the Order (approximately one fiscal period's expenses as stated in § 966.44).

    The assessment rate proposed in this rule would continue in effect indefinitely unless modified, suspended, or terminated by USDA upon recommendation and information submitted by the Committee or other available information.

    Although this assessment rate would be effective for an indefinite period, the Committee would continue to meet prior to or during each fiscal period to recommend a budget of expenses and consider recommendations for modification of the assessment rate. The dates and times of Committee meetings are available from the Committee or USDA. Committee meetings are open to the public, and interested persons may express their views at these meetings. USDA would evaluate Committee recommendations and other available information to determine whether modification of the assessment rate is needed. Further rulemaking would be undertaken as necessary. The Committee's 2017-18 budget and those for subsequent fiscal periods would be reviewed and, as appropriate, approved by USDA.

    Initial Regulatory Flexibility Analysis

    Pursuant to requirements set forth in the Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612), the Agricultural Marketing Service (AMS) has considered the economic impact of this proposed rule on small entities. Accordingly, AMS has prepared this initial regulatory flexibility analysis.

    The purpose of the RFA is to fit regulatory actions to the scale of businesses subject to such actions in order that small businesses will not be unduly or disproportionately burdened. Marketing orders issued pursuant to the Act, and the rules issued thereunder, are unique in that they are brought about through group action of essentially small entities acting on their own behalf.

    There are approximately 80 producers of Florida tomatoes in the production area and 47 handlers subject to regulation under the Marketing Order. Small agricultural producers are defined by the Small Business Administration (SBA) as those having annual receipts less than $750,000, and small agricultural service firms are defined as those whose annual receipts are less than $7,500,000 (13 CFR 121.201).

    According to industry and Committee data, the average annual price for fresh Florida tomatoes during the 2016-17 season was approximately $8.00 per 25-pound container, and total fresh shipments were 32.8 million containers. Using the average price and shipment information, the number of handlers, and assuming a normal distribution, the majority of handlers have average annual receipts of less than $7,500,000. In addition, based on production data, an estimated producer price of $3.00 per 25-pound container, and the number of Florida tomato producers, the average annual producer revenue is above $750,000. Thus, a majority of the handlers of Florida tomatoes may be classified as small entities, while a majority of the producers may be classified as large entities.

    This proposed rule would decrease the assessment rate established for the 2017-18 and subsequent fiscal periods from $0.035 to $0.025 per 25-pound container or equivalent of Florida tomatoes. The Committee unanimously recommended 2017-18 expenditures of $1,494,600 and an assessment rate of $0.025 per 25-pound container or equivalent handled. The assessment rate of $0.025 is $0.01 lower than the 2016-17 rate. The quantity of assessable Florida tomatoes for the 2017-18 fiscal period is estimated at 33 million 25-pound containers or equivalent. Thus, the $0.025 rate should provide $825,000 in assessment income. Income derived from handler assessments, along with interest income and funds from the Committee's authorized reserve, would be adequate to cover budgeted expenses.

    The major expenditures recommended by the Committee for the 2017-18 year include $450,000 for staff salaries, $400,000 for research, and $400,000 for education and promotion. Budgeted expenses for these items in 2016-17 were also $450,000, $400,000, and $400,000, respectively.

    The Committee recommended decreasing the assessment rate to reduce the assessment burden on handlers and utilize funds from the authorized reserve to help cover Committee expenses.

    Prior to arriving at this budget and assessment rate, the Committee considered information from various sources, such as the Committee's Budget and Finance Subcommittee, Education and Promotion Subcommittee, and the Research Subcommittee. Alternative expenditure levels were discussed by these groups, based upon the relative value of various activities to the Florida tomato industry. Based on estimated shipments, the recommended assessment rate of $0.025 should provide $825,000 in assessment income. The Committee determined assessment revenue, along with interest income and funds from authorized reserves would be adequate to cover budgeted expenses for the 2017-18 fiscal period.

    A review of historical information and preliminary information pertaining to the upcoming fiscal period indicates that the average producer price for the 2017-18 season could be about $6.50 per 25-pound container or equivalent of Florida tomatoes. Therefore, the estimated assessment revenue for the 2017-18 crop year as a percentage of total producer revenue would be around 0.4 percent.

    This proposed action would decrease the assessment obligation imposed on handlers. Assessments are applied uniformly on all handlers, and some of the costs may be passed on to producers. However, decreasing the assessment rate reduces the burden on handlers and may reduce the burden on producers. In addition, the Committee's meeting was widely publicized throughout the Florida tomato industry, and all interested persons were invited to attend the meeting and participate in Committee deliberations on all issues. Like all Committee meetings, the August 22, 2017, meeting was a public meeting, and all entities, both large and small, were able to express views on this issue. Finally, interested persons are invited to submit comments on this proposed rule, including the regulatory and information collection impacts of this action on small businesses.

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the Order's information collection requirements have been previously approved by OMB and assigned OMB No. 0581-0178 Vegetable and Specialty Crops. No changes in those requirements are necessary as a result of this action. Should any changes become necessary, they would be submitted to OMB for approval.

    This proposal does not impose any additional reporting or recordkeeping requirements on either small or large Florida tomato handlers. As with all Federal marketing order programs, reports and forms are periodically reviewed to reduce information requirements and duplication by industry and public sector agencies.

    AMS is committed to complying with the E-Government Act, to promote the use of the Internet and other information technologies to provide increased opportunities for citizen access to Government information and services, and for other purposes.

    USDA has not identified any relevant Federal rules that duplicate, overlap, or conflict with this proposed rule.

    A small business guide on complying with fruit, vegetable, and specialty crop marketing agreements and orders may be viewed at: http://www.ams.usda.gov/rules-regulations/moa/small-businesses. Any questions about the compliance guide should be sent to Richard Lower at the previously mentioned address in the FOR FURTHER INFORMATION CONTACT section.

    After consideration of all relevant material presented, including the information and recommendation submitted by the Committee and other available information, it is hereby found that this proposed rule, as hereinafter set forth, would tend to effectuate the declared policy of the Act.

    List of Subjects in 7 CFR Part 966

    Marketing agreements, Reporting and recordkeeping requirements, Tomatoes.

    For the reasons set forth in the preamble, 7 CFR part 966 is proposed to be amended as follows:

    PART 966—TOMATOES GROWN IN FLORIDA 1. The authority citation for 7 CFR part 966 continues to read as follows: Authority:

    7 U.S.C. 601-674.

    [Subpart Redesignated as Subpart A] 2. Redesignate “Subpart—Order Regulating Handling” as “Subpart A—Order Regulating Handling”. [Subpart Redesignated as Subpart B and Amended] 3. Redesignate “Subpart—Rules and Regulations” as subpart B and revise the heading to read as follows: Subpart B—Administrative Requirements [Subpart Redesignated as Subpart C] 4. Redesignate “Subpart—Assessment Rates” as “Subpart C—Assessment Rates”. [Subpart Redesignated as Subpart D and Amended] 5. Redesignate “Subpart—Handling Regulations” as subpart D and revise the heading to read as follows: Subpart D—Handling Requirements 6. Section 966.234 is revised to read as follows:
    § 966.234 Assessment rate.

    On and after August 1, 2017, an assessment rate of $0.025 per 25-pound container is established for Florida tomatoes.

    Dated: December 4, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
    [FR Doc. 2017-26373 Filed 12-8-17; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1006 [AMS-DA-17-0068; AO-18-0008] Milk in the Florida Marketing Area; Supplemental Notification of Hearing AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule; supplemental notification of public hearing.

    SUMMARY:

    A public hearing is being held, on an emergency basis, to consider a proposal submitted by Southeast Milk, Inc., Dairy Farmers of America, Inc., Premier Milk, Inc., Maryland and Virginia Milk Producers Cooperative Association, Inc., and Lone Star Milk Producers, L.C. This supplemental notice extends the hearing from December 12, 2017, through December 14, 2017, in order to provide adequate public notification.

    DATES:

    The hearing will convene at 9:00 a.m. on December 12, 2017, December 13, 2017 and December 14, 2017.

    ADDRESSES:

    The hearing will be held at the Embassy Suites by Hilton Tampa Downtown Convention Center, 513 South Florida Avenue, Tampa, Florida 33602; telephone (813) 769-8326.

    FOR FURTHER INFORMATION CONTACT:

    Erin Taylor, Acting Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, Stop 0231—Room 2963, 1400 Independence Avenue SW., Washington, DC 20250-0231; (202) 720-7311; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 7, 2017, a Notice of Hearing was placed on public inspection at the Federal Register (Document Number 2017-26632) announcing a hearing to begin on December 12, 2017. That notice is scheduled to be published December 11, 2017. The Rules of Practice and Procedure Governing Proceedings to Formulate Marketing Agreements and Marketing Orders require that the time of a hearing cannot be less than 3 days after the date of publication of the notice in the Federal Register (7 CFR 900.4).

    Therefore, notice is hereby given that the public hearing to be held at the Embassy Suites by Hilton Tampa Downtown Convention Center, 513 South Florida Avenue, Tampa, Florida 33602, will be held December 12, 2017, through December 14, 2017. The hearing will begin at 9:00 a.m. on each hearing day. If no interested persons appear to present testimony or evidence by noon on December 13, 2017 or December 14, 2017, the hearing will conclude at noon on that day.

    List of Subjects in 7 CFR Part 1006

    Milk marketing orders.

    Authority:

    7 U.S.C. 601-674, and 7253.

    Dated: December 7, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
    [FR Doc. 2017-26717 Filed 12-8-17; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 1006 [AMS-DA-17-0068; AO-18-0008] Milk in the Florida Marketing Area; Notification of Hearing AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Proposed rule: notification of public hearing.

    SUMMARY:

    A public hearing is being held, on an emergency basis, to consider a proposal submitted by Southeast Milk, Inc., Dairy Farmers of America, Inc., Premier Milk, Inc., Maryland and Virginia Milk Producers Cooperative Association, Inc., and Lone Star Milk Producers, L.C. The proposal seeks a temporary supplemental charge on Class I milk to provide emergency reimbursement to handlers and producers for costs incurred as a result of market disruptions stemming from Hurricane Irma in September 2017 which caused extensive damage in the United States.

    DATES:

    The hearing will convene at 9:00 a.m. on December 12, 2017.

    ADDRESSES:

    The hearing will be held at the Embassy Suites by Hilton Tampa Downtown Convention Center, 513 South Florida Avenue, Tampa, Florida 33602; telephone (813) 769-8326.

    FOR FURTHER INFORMATION CONTACT:

    Erin Taylor, Acting Director, Order Formulation and Enforcement Division, USDA/AMS/Dairy Program, Stop 0231-Room 2963, 1400 Independence Avenue SW., Washington, DC 20250-0231; (202) 720-7311; email address: [email protected]

    Persons requiring a sign language interpreter or other special accommodations should contact Sherry Swanson, AMS Dairy Program, at (470) 767-5084, email: [email protected], at least 3 days before the hearing begins.

    SUPPLEMENTARY INFORMATION:

    This proposed rule is governed by the provisions of Sections 556 and 557 of Title 5 of the United States Code and, therefore, is not subject to the requirements of Executive Order 12866.

    This proposed rule is not expected to be an Executive Order 13771 regulatory action because this proposed rule is exempt from the definition of “regulation” or “rule” in Executive Order 12866 and, thus, is not a regulatory action.

    The hearing is called pursuant to the provisions of the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601-674) (Act), and the applicable rules of practice and procedure governing the formulation of marketing agreements and marketing orders (7 CFR part 900).

    Notice is hereby given of a public hearing to be held at the Embassy Suites by Hilton Tampa Downtown Convention Center, 513 South Florida Avenue, Tampa, Florida 33602, beginning at 9:00 a.m. on December 12, 2017, with respect to proposed amendments to the tentative marketing agreements and order regulating the handling of milk in the Florida milk marketing area.

    The purpose of the hearing is to receive evidence with respect to the economic and marketing conditions which relate to the proposed amendments, hereinafter set forth, and any appropriate modifications thereof, to the tentative marketing agreements and to the order.

    Actions under the Federal milk order program are subject to the Regulatory Flexibility Act (5 U.S.C. 601-612) (RFA). The RFA seeks to ensure that, within the statutory authority of a program, the regulatory and information collection requirements are tailored to the size and nature of small businesses. For the purpose of the RFA, a dairy farm is a “small business” if it has an annual gross revenue of less than $750,000, and a dairy products manufacturer is a “small business” if it has fewer than 500 employees (13 CFR 121.201). Most parties subject to a milk order are considered small businesses. Accordingly, interested parties are invited to present evidence on the probable regulatory and informational impact of the hearing proposals on small businesses. Also, parties may offer modifications of these proposals for the purpose of tailoring their applicability to small businesses.

    The amendments proposed herein have been reviewed under Executive Order 12988, Civil Justice Reform. They are not intended to have a retroactive effect. If adopted, the proposed amendments would not preempt any State or local laws, regulations, or policies, unless they present an irreconcilable conflict with this rule.

    The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under Section 8c(15)(A) of the Act, any handler subject to an order may request modification or exemption from such order by filing with the United States Department of Agriculture (USDA) a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with the law. A handler is afforded the opportunity for a hearing on the petition. After a hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has its principal place of business, has jurisdiction to review USDA's decision on the petition, provided a complaint is filed not later than 20 days after the date of the entry of the ruling.

    The public hearing is being conducted to collect evidence for the record concerning the potential need for emergency payments to reimburse handlers and producers for costs they incurred as a result of disruptions stemming from Hurricane Irma. The payments as proposed would be through a temporary $0.09 per hundredweight increase in the Class I price under the order. The increase would only be applicable for the number of months necessary to cover the documented costs.

    Evidence also will be taken at the hearing to determine whether emergency marketing conditions exist that would warrant omission of a recommended decision under the rules of practice and procedure (7 CFR 900.12(d)) with respect to any proposed amendments.

    Interested parties who wish to introduce exhibits should provide the Administrative Law Judge at the hearing with four (4) copies of such exhibits for the official record. Additional copies should be made available for the use of other hearing participants. Any party that has submitted a proposal noticed herein, when participating as a witness, is required to make their testimony—if prepared as an exhibit—and any other exhibits, available to USDA officials prior to the start of the hearing on the day of their appearance. Individual dairy farmers are not subject to this requirement.

    Copies of this notification of hearing may be obtained online at, http://www.ams.usda.gov/dairy, or from the Hearing Clerk, United States Department of Agriculture, STOP 9200—Room 1031, 1400 Independence Avenue SW., Washington, DC 20250-9200.

    Copies of the transcript of testimony and exhibits taken at the hearing will be made available for viewing at http://www.ams.usda.gov/dairy after the hearing adjourns. If you wish to purchase a copy, arrangements may be made with the reporter at the hearing.

    From the time that a hearing notice is issued and until the issuance of a final decision in a proceeding, Department employees involved in the decision making process are prohibited from discussing the merits of the hearing issues on an ex parte basis with any person having an interest in the proceeding. For this particular proceeding, the prohibition applies to employees in the following organizational units: Office of the Secretary of Agriculture; Office of the Administrator, AMS; Office of the General Counsel; and the AMS Dairy Program (Washington, DC office), and the offices of all Market Administrators. Procedural matters are not subject to the above prohibition and may be discussed at any time.

    Testimony is invited on the following proposal or appropriate modifications to such proposal. The proposed amendment, as set forth below, has not received the approval of the Department.

    Proposal Number 1

    Proposed by Southeast Milk, Inc., Dairy Farmers of America, Inc., Premier Milk, Inc., Maryland and Virginia Milk Producers Cooperative Association, Inc., and Lone Star Milk Producers, L.C.

    The proposal details substantial and extraordinary losses to the Florida dairy industry as a result of physical damages; heat stress to animals; market losses; and additional transportation costs stemming from Hurricane Irma. The proposal would provide for emergency relief for Florida handlers and producers for costs incurred September 6 through September 15, 2017. The categories of recovery costs requested include: (1) The minimum class price value of whole and skim milk dumped due to market unavailability during plant shutdowns; (2) additional transportation costs associated with milk movements resulting from the hurricane; (3) lost minimum location price value on milk movements out of market; and (4) price losses on distress sales of milk. Proposed amendments to the Florida Federal Milk Marketing Order are set out in the regulatory text below.

    Proposal Number 2

    Proposed by Dairy Program, Agricultural Marketing Service.

    Make such changes as may be necessary to make the entire marketing agreement and the order conform with any amendments thereto that may result from this hearing.

    List of Subjects in 7 CFR Part 1006

    Milk marketing orders.

    For the reasons discussed in the preamble, AMS proposes to amend 7 CFR part 1006 as follow:

    PART 1006—MILK IN THE FLORIDA MILK MARKETING AREA 1. The authority citation for 7 CFR part 1006 continues to read as follows: Authority:

    7 U.S.C. 601-674, and 7253.

    2. Section 1006.60 is amended by revising paragraphs (a) and (g) and adding paragraphs (h) and (i) to read as follows:
    § 1006.60 Handler's value of milk.

    (a) Multiply the pounds of skim milk and butterfat in producer milk that were classified in each class pursuant to § 1000.44(c) by the applicable skim milk and butterfat prices, and add the resulting amounts; except that for the months of __2018 through __2018, the Class I skim milk price for this purpose shall be the Class I skim milk price as determined in § 1000.50(b) plus $0.09 per hundredweight, and the Class I butterfat price for this purpose shall be the Class I butterfat price as determined in § 1000.50(c) plus $0. _____per pound. The adjustments to the Class I skim milk and butterfat prices provided herein may be reduced by the market administrator for any month if the market administrator determines that the payments yet unpaid computed pursuant to paragraphs (g)(1) through paragraph (g)(6) of this section will be less than the amount computed pursuant to paragraph (g)(6) of this section. The adjustments to the Class I skim milk and butterfat prices provided herein during the months of _____shall be announced along with the prices announced in § 1000.53(b).

    (g) For transactions occurring during the period of September 6, 2017 through September 15, 2017, for handlers who have submitted proof satisfactory to the market administrator to determine eligibility for reimbursement of hurricane-imposed costs, subtract an amount equal to:

    (1) The cost of transportation on loads of producer milk rerouted from pool distributing plants to plants outside the state of Florida which were rerouted as a result of Hurricane Irma. The reimbursement of transportation costs pursuant to this section shall be the actual demonstrated cost of such transportation of bulk milk or the miles of transportation on such loads of bulk milk multiplied by $3.75 per loaded mile, whichever is less.

    (2) The lost location value on loads of producer milk rerouted to plants outside the state of Florida as a result of Hurricane Irma. The lost location value shall be the difference per hundredweight between the value stated in part 1000.52 at the plant to which the milk would have gone and the value in part 1000.52 at the plant to which the milk was rerouted;

    (3) The value per hundredweight at the lowest classified price for the month of September 2017 for milk dumped at the farm and classified as other use milk pursuant to section 1000.40(e) as a result of Hurricane Irma;

    (4) The value per hundredweight at the lowest classified price for the month of September 2017 for milk dumped from milk tankers after being moved off-farm and classified as other use milk pursuant to section 1000.40(e) as a result of Hurricane Irma;

    (5) The value per hundredweight at the lowest classified price for the month of September 2017 for skim milk dumped and classified as other use milk pursuant to Section 1000.40(e) as a result of Hurricane Irma; and

    (6) The difference between the lowest class price for the month of September 2017 and the actual price received for distress milk moved to nonpool plants as a result of Hurricane Irma;

    (h) The total amount of payment to all handlers under this section shall be limited for each month to an amount determined by multiplying the total Class I producer milk for all handlers pursuant to § 1000.44(c) times $0.09 per hundredweight;

    (i) If the cost of payments computed pursuant to paragraphs (g)(1) through (6) of this section exceeds the amount computed pursuant to paragraph (h) of this section, the market administrator shall prorate such payments to each handler based on each handler's proportion of transportation and other use milk costs submitted pursuant to paragraphs (g)(1) through (6). Costs submitted pursuant to paragraphs (g)(1) through (6) which are not paid as a result of such a proration shall be paid in subsequent months until all costs incurred and documented through (g)(1) through (6) have been paid.

    Dated: December 6, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
    [FR Doc. 2017-26632 Filed 12-6-17; 4:15 pm] BILLING CODE 3410-02-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0688; Product Identifier 2017-NE-23-AD] RIN 2120-AA64 Airworthiness Directives; Zodiac Seats France, Cabin Attendant Seats AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Zodiac Seats France, 537 series cabin attendant seats. This proposed AD was prompted by operator reports that safety belt wear was found at the attachment to the cabin attendant seat. This proposed AD would require inspecting the safety belt webbing, and modifying and re-marking each affected cabin attendant seat. We are proposing this AD to correct the unsafe condition on these products.

    DATES:

    We must receive comments on this NPRM by January 25, 2018.

    ADDRESSES:

    You may send comments by any of the following methods:

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

    Mail: Docket Management Facility, U.S. Department of Transportation, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001.

    Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays.

    Fax: 202-493-2251.

    For service information identified in this NPRM, contact Zodiac Seats France, Rue Robert Marechal Senior B.P. 69, 36100 Issoudun, France; phone: +33 (0) 9 70 83 08 30; fax: +33 (0) 2 54 03 39 00; email: [email protected]; Internet: http://www.services.zodiacaerospace.com. You may view this service information at the FAA, Engine & Propeller Standards Branch, Policy and Innovation Division, 1200 District Avenue, Burlington, MA. For information on the availability of this material at the FAA, call 781-238-7125.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0688; or in person at the Docket Operations office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the mandatory continuing airworthiness information (MCAI), the regulatory evaluation, any comments received, and other information. The 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:

    Dorie Resnik, Aerospace Engineer, FAA, Boston ACO Branch, Compliance and Airworthiness Division, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7693; fax: 781-238-7199; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this proposed AD. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2017-0688; Product Identifier 2017-NE-23-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this proposed AD. We will consider all comments received by the closing date and may amend this proposed 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 with FAA personnel concerning this proposed AD.

    Discussion

    The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Community, has issued EASA AD 2016-0163, dated August 10, 2016 (referred to hereafter as “the MCAI”), to correct an unsafe condition for the specified products. The MCAI states:

    Cases were reported by operators of finding safety belt worn out at the attachment to the cabin attendant seat. This kind of belt damage is due to chafing between the belt and the surrounding metal lap belt fitting of the cabin attendant seat. This condition, if not detected and corrected, could lead to failure of the attendant seat to perform its intended function, possibly resulting in injury to the seat occupant. Prompted by these occurrences, Zodiac Seats France issued Service Bulletin (SB) No. 537-25-003, providing instructions to modify the affected seats. For the reason described above, this AD requires a modification of the seat pan shaft by installing new seat pan spacers, and subsequent re-identification with a new P/N.

    You may obtain further information by examining the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0688.

    Related Service Information Under 1 CFR Part 51

    We reviewed Zodiac Seats France Service Bulletin (SB) No. 537-25-003, Revision 1, dated August 29, 2016. The SB describes procedures for installing an anti-rotation device on the seat pan shaft to limit the rotation of the safety belt on ATR 42 and ATR 72 airplanes. We also reviewed Service Information Letter (SIL) 537-01, dated July 31, 2015. The SIL provides details to identify if the safety belt must be removed and replaced and provides instructions on safety belt storage to avoid this premature wear. 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 Proposed AD

    This product has been approved by EASA, and is approved for operation in the United States. Pursuant to our bilateral agreement with the European Community, EASA has notified us of the unsafe condition described in the MCAI and service information referenced above. We are proposing this AD because we evaluated all information provided by EASA and determined the unsafe condition exists and is likely to exist or develop on other products of the same type design. This proposed AD would require inspecting, modifying, and re-marking certain cabin attendant seats.

    Costs of Compliance

    We estimate that this proposed AD affects 55 seat assemblies installed on, but not limited to, ATR 42 and ATR 72 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
  • Seat inspection and modification 0.5 work-hours × $85 per hour = $42.50 $300 $342.50 $18,837.50

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

    Authority for This Rulemaking

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

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

    This AD is issued in accordance with authority delegated by the Executive Director, Aircraft Certification Service, as authorized by FAA Order 8000.51C. In accordance with that order, issuance of ADs is normally a function of the Compliance and Airworthiness Division, but during this transition period, the Executive Director has delegated the authority to issue ADs applicable to engines and propellers, and associated appliances to the Manager, Engine and Propeller Standards Branch, Policy and Innovation 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 to the extent that it justifies making a regulatory distinction, 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): Zodiac Seats France (formerly SICMA Aero Seat): Docket No. FAA-2017-0688; Product Identifier 2017-NE-23-AD. (a) Comments Due Date

    We must receive comments by January 25, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Zodiac Seats France cabin attendant seats, 537 series, part numbers 53701-( )( )-( )( )( ).

    These appliances are installed on, but not limited to, ATR 42 and ATR 72 airplanes of U.S. registry.

    (d) Subject

    Joint Aircraft System Component (JASC) 2500 Code, Cabin Equipment/Furnishings.

    (e) Reason

    This AD was prompted by operator reports that safety belt wear was found at the attachment to the cabin attendant seat. We are issuing this AD to prevent failure of these attendant seats.

    (f) Compliance

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

    Within 720 flight cycles after the effective date of this AD, inspect safety belt webbing, modify and re-mark each affected cabin attendant seat using sections (2)(A) through (2)(B) of Zodiac Seats France Service Bulletin (SB) No. 537-25-003, Revision 1, dated August 29, 2016 and Zodiac Seats France Service Information Letter 537-01, dated July 31, 2015.

    (g) Installation Prohibition

    After the effective date of this AD, do not install any affected cabin attendant seat on any aircraft.

    (h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, FAA, Boston ACO Branch, Compliance and Airworthiness Division, 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 Boston ACO Branch, send it to the attention of the person identified in paragraph (i)(1) of this AD. You may email your request to: [email protected]

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

    (i) Related Information

    (1) For more information about this AD, contact Dorie Resnik, Aerospace Engineer, FAA, Boston ACO Branch, Compliance and Airworthiness Division, 1200 District Avenue, Burlington, MA 01803; phone: 781-238-7693; fax: 781-238-7199; email: [email protected]

    (2) Refer to MCAI European Aviation Safety Agency AD 2016-0163, dated August 10, 2016, for more information. You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. FAA-2017-0688.

    (3) Zodiac Seats France SB No. 537-25-003, Revision 1, dated August 29, 2016, and Zodiac Seats France Service Information Letter 537-01, dated July 31, 2015 can be obtained from Zodiac Seats France, using the contact information in paragraph (i)(4) of this proposed AD.

    (4) For service information identified in this proposed AD, contact Zodiac Seats France, Rue Robert Marechal Senior B.P. 69, 36100 Issoudun, France; phone: +33 (0) 9 70 83 08 30; fax: +33 (0) 2 54 03 39 00; email: [email protected]; Internet: http://www.services.zodiacaerospace.com.

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

    Issued in Burlington, Massachusetts, on December 5, 2017. Robert J. Ganley, Manager, Engine and Propeller Standards Branch, Aircraft Certification Service.
    [FR Doc. 2017-26571 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-1120; Product Identifier 2017-CE-030-AD] RIN 2120-AA64 Airworthiness Directives; Textron Aviation Inc. Airplanes AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for certain Textron Aviation Inc. Models 510, 680, and 680A airplanes equipped with certain part number brake assemblies. This proposed AD was prompted by a report that brake pad wear indicator pins were set incorrectly, which could lead to brake pad wear beyond the acceptable limits without indication. This proposed AD would require inspection of the brake pad wear indicator pins and replacement of the brake assembly if any pin is set incorrectly. We are proposing this AD to address the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by January 25, 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 Textron Aviation Inc., One Cessna Boulevard, P.O. Box 7704, Wichita, Kansas 67277; phone: 316-517-6215; email: [email protected]; Internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp; or UTC Aerospace Systems, Goodrich Corporation, 101 Waco Street, P.O. Box 340, Troy, Ohio 45373; phone: 937-339-3811; email: [email protected]; Internet: https://www.customers.utcaerospacesystems.com/. You may view this service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    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-2017-1120; 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 One of the Following:

    For the Model 510: David Enns, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4147; fax: 913-946-4107; email: [email protected]; or

    For the Models 680 and 680A: Adam Hein, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4116; fax: 316-946-4107; 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-2017-1120; Product Identifier 2017-CE-030-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

    We received information from UTC Aerospace Systems (UTC) that brake pad wear indicator pins were set incorrectly on certain Textron Aviation Inc. (Textron) Models 510, 680, and 680A airplanes equipped with brake assemblies, part numbers (P/Ns) 2-1706-1 and 2-1675-1, with certain serial numbers. Brakes overhauled by UTC may have wear indicator pins set longer than specified. UTC discovered this condition during their inspection of incoming brakes. This condition, if not corrected, could result in brake pad wear beyond the acceptable limits without indication and consequent loss of braking ability, which could lead to a runway excursion.

    Related Service Information Under 1 CFR Part 51

    We reviewed UTC Service Bulletin 2-1706-1-32-1, Revision 1, dated July 18, 2017; and UTC Service Bulletin 2-1675-32-2, Revision 1, dated July 18, 2017. For the applicable models, the service information identifies the affected serial number brake assemblies and describes procedures for inspecting the wear indicator pins. 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. These UTC service bulletins are included as attachments with the Textron service letters discussed in the Other Related Service Information paragraph.

    Other Related Service Information

    We also reviewed Textron Aviation Inc. Service Letters SL510-32-08, SL680-32-15, and SL680A-32-05, all dated July 21, 2017. For the applicable airplane models, these service letters direct the operators to use Goodrich Service Bulletins 2-1706-1-32-1 and 2-1675-32-2. However, the Goodrich Service Bulletins that the Textron Aviation Inc. Service Letters refer to and intend for operators to use are titled UTC Aerospace Systems Service Bulletin 2-1706-1-32-1, Revision 1, dated July 18, 2017; and UTC Aerospace Systems Service Bulletin 2-1675-32-2, Revision 1, dated July 18, 2017. The UTC service bulletins are included as attachments to the Textron service letters.

    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 the same type design.

    Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified in the service information described previously.

    Costs of Compliance

    We estimate that this proposed AD affects 668 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
  • Inspection of the brake assembly wear indicator pins for Models 680 and 680A 1 work-hour × $85 per hour = $85 Not applicable $85 $31,790 Inspection of the brake assembly wear indicator pins for Model 510 .5 work-hour × $85 per hour = $42.50 Not applicable 42.50 12,495

    We estimate the following costs to do any necessary replacement that would be required based on the results of the proposed inspection. We have no way of determining the number of airplanes that might need these replacements:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replacement of the brake assembly for Models 680 and 680A 8 work-hours × $85 per hour = $680 $106,164 $106,844 Replacement of the brake assembly for Model 510 3 work-hours × $85 per hour = $255 10,828 11,083

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

    Authority for This Rulemaking

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

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

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

    Regulatory Findings

    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): Textron Aviation Inc.: Docket No. FAA-2017-1120; Product Identifier 2017-CE-30-AD. (a) Comments Due Date

    We must receive comments by January 25, 2018.

    (b) Affected ADs

    None.

    (c) Applicability

    (1) This AD applies to Textron Aviation Inc. (Textron) (type certificates previously held by Cessna Aircraft Company) Models 510, 680, and 680A airplanes equipped with a brake assembly specified in paragraphs (c)(1)(i) and (ii) of this AD, certificated in any category:

    (i) For Model 510 airplanes: Brake assembly part number (P/N) 2-1706-1 that has a serial number listed in table 1 of UTC Aerospace Systems (UTC) Service Bulletin 2-1706-1-32-1, Revision 1, July 18, 2017; and

    (ii) Models 680 and 680A airplanes: Brake assembly P/N 2-1675-1 that has a serial number listed in table 1 of UTC Service Bulletin 2-1675-32-2, Revision 1, July 18, 2017.

    (2) The UTC service bulletins are included as attachments to Textron Service Letters SL510-32-08, SL680-32-15, and SL680A-32-05, all dated July 21, 2017. However, you may also obtain the UTC service bulletins directly from UTC using the contact information found in paragraph (k)(2) of this AD.

    (d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 32, Landing Gear.

    (e) Unsafe Condition

    This AD was prompted by information received from UTC that brake pad wear indicator pins were set incorrectly. We are issuing this AD to detect and correct wear indicator pins that were set at an incorrect length. The unsafe condition, if not corrected, could result in brake pad wear beyond the acceptable limits without indication and consequent loss of braking ability, which could lead to a runway excursion.

    (f) Compliance

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

    (g) Inspection

    (1) For Model 510 airplanes: Within 75 landings after the effective date of this AD or within 90 days after the effective date of this AD, whichever occurs first, inspect the brake pad wear indicator pins, P/N 2-1706-1, for correct length following UTC Service Bulletin 2-1706-1-32-1, Revision 1, July 18, 2017.

    (2) For Models 680 and 680A airplanes: Within 200 landings after the effective date of this AD or within 90 days after the effective date of this AD, whichever occurs first, inspect the brake pad wear indicator pins, P/N 2-1675-1, for correct length following UTC Service Bulletin 2-1675-32-2, Revision 1, July 18, 2017.

    (3) The compliance times in this AD are presented in landings. If you do not keep a record of the total number of landings, then multiply the total number of hours time-in-service (TIS) after the effective date by 0.85 for Model 510 airplanes and multiply the total number of hours TIS after the effective date by 0.73 for Models 680 and 680A airplanes to estimate the number of landings.

    (h) Replacement

    If any brake pad wear indicator pin is found to have an incorrect length during the inspection required in paragraph (g) of this AD, before further flight, contact Textron for FAA-approved replacement instructions approved specifically for this AD. You may use the contact information listed in paragraph (k)(2) of this AD, as applicable.

    (i) Special Flight Permit

    We allow a special flight permit per 14 CFR 39.23 for the replacement of the brake assembly required in paragraph (h) of this AD provided the wear indicator pin length extends a minimum of 0.200 inches beyond the brake assembly housing with the brakes engaged.

    (j) Alternative Methods of Compliance (AMOCs)

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

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

    (k) Related Information

    (1) For more information about this AD, contact one of the following:

    (i) For the Model 510: David Enns, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4147; fax: 913-946-4107; email: [email protected]; or

    (ii) For the Models 680 and 680A: Adam Hein, Aerospace Engineer, Wichita ACO Branch, FAA, 1801 Airport Road, Room 100, Wichita, Kansas 67209; phone: 316-946-4116; fax: 316-946-4107; email: [email protected]

    (2) For service information identified in this AD, contact Textron Aviation Inc., One Cessna Boulevard, P.O. Box 7704, Wichita, Kansas 67277; phone: 316-517-6215; email: [email protected]; Internet: https://support.cessna.com/custsupt/csupport/newlogin.jsp; or UTC Aerospace Systems, Goodrich Corporation, 101 Waco Street, P.O. Box 340, Troy, Ohio 45373; phone: 937-339-3811; email: [email protected]; Internet: https://www.customers.utcaerospacesystems.com/. You may view this referenced service information at the FAA, Policy and Innovation Division, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148.

    Issued in Kansas City, Missouri, on November 21, 2017. Melvin J. Johnson, Deputy Director, Policy & Innovation Division, Aircraft Certification Service.
    [FR Doc. 2017-26038 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0970; Airspace Docket No. 16-AAL-6] Proposed Establishment of Class E Airspace; Manley Hot Springs, AK AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Manley Hot Springs Airport, Manley Hot Springs, AK to accommodate the development of area navigation (RNAV) instrument flight rules (IFR) operations under standard instrument approach and departure procedures at the airport, and for the safety and management of IFR operations within the National Airspace System.

    DATES:

    Comments must be received on or before January 25, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2017-0970; Airspace Docket No. 16-AAL-6, at the beginning of your comments. You may also submit 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 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:

    Robert LaPlante, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4566.

    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 establish Class E airspace at Manley Hot Springs Airport, Manley Hot Springs, AK, to support IFR operations at the airport.

    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. Persons 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-2017-0970, Airspace Docket No. 16-AAL-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.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 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 Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    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 establishing Class E airspace extending upward from 700 feet above the surface at Manley Hot Springs Airport, Manley Hot Springs, AK. This airspace is necessary to accommodate the development of RNAV (IFR) operations in standard instrument approach and departure procedures at the airport. Class E airspace would be established within a 6.3-mile radius of Manley Hot Springs 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, 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. AAL AK E5 Manley Hot Springs, AK [New] Manley Hot Springs Airport, AK (Lat. 64°59′16″N., long. 150°38′51″W.)

    That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of Manley Hot Springs Airport.

    Issued in Seattle, Washington, on November 30, 2017. Brian J. Johnson, Acting Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-26502 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-1064; Airspace Docket No. 17-ANM-32] Proposed Establishment of Class E Airspace; Yuma, CO AGENCY:

    Federal Aviation Administration (FAA), DOT.C

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Yuma Municipal Airport, Yuma, CO, to accommodate the development of area navigation (RNAV) instrument flight rules (IFR) operations under standard instrument approach and departure procedures at the airport, and for the safety and management of IFR operations within the National Airspace System.

    DATES:

    Comments must be received on or before January 25, 2018.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2017-1064; Airspace Docket No. 17-ANM-32, at the beginning of your comments. You may also submit 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 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:

    Robert LaPlante, Federal Aviation Administration, Operations Support Group, Western Service Center, 1601 Lind Avenue SW., Renton, WA 98057; telephone (425) 203-4566.

    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 establish Class E airspace at Yuma Municipal Airport, Yuma, CO, to support IFR operations at the airport.

    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. Persons 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-2017-1064/Airspace Docket No. 17-ANM-32.” 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 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 Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    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 establishing Class E airspace extending upward from 700 feet above the surface at Yuma Municipal Airport, Yuma, CO. This airspace is necessary to accommodate the development of RNAV (IFR) operations in standard instrument approach and departure procedures at the airport. Class E airspace would be established within a 6.4-mile radius of Yuma Municipal 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, 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. ANM CO E5 Yuma, CO [New] Yuma Municipal Airport, CO (Lat. 40°06′21″ N., long. 102°42′52″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Yuma Municipal Airport.

    Issued in Seattle, Washington, on November 30, 2017. Brian J. Johnson, Acting Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-26501 Filed 12-8-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 117 [Docket No. USCG-2017-1047] RIN 1625-AA09 Drawbridge Operation Regulation; Black River, Port Huron, MI AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to modify the operating schedule that governs the Military Street Bridge, mile 0.33, the Seventh Street Bridge, mile 0.50, the Tenth Street Bridge, mile 0.94, and the Canadian National Railroad Bridge, mile 1.56, across the Black River at Port Huron, MI. The City of Port Huron requested the winter hours to be expanded for City-operated highway bridges. We have reviewed the regulation in its entirety because the current regulation is approximately 30 years old, use of the waterway has substantially changed, and the current language and conditions in the regulation are difficult to follow and understand.

    DATES:

    Comments and related material must reach the Coast Guard on or before January 10, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-1047 using Federal eRulemaking Portal at http://www.regulations.gov.

    See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section below for instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions on this proposed rule, call or email Mr. Lee D. Soule, Bridge Management Specialist, Ninth Coast Guard District; telephone 216-902-6085, email [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Table of Abbreviations CFR Code of Federal Regulations DHS Department of Homeland Security FR Federal Register IGLD85 International Great Lakes Datum of 1985 LWD Low Water Datum based on IGLD 85 OMB Office of Management and Budget NPRM Notice of Proposed Rulemaking (Advance, Supplemental) § Section U.S.C. United States Code II. Background, Purpose and Legal Basis

    The Black River flows southwest through the City of Port Huron, MI and empties into the St. Clair River just below the south end of Lake Huron. Large commercial freighters once traveled up the Black River to facilities past the Canadian National Railroad Bridge, but currently the river is mostly used by recreational vessels with a few small commercial vessels operating in the river. Large commercial vessels do not currently trade in the Black River.

    The Military Street Bridge provides a horizontal clearance of 73 feet and a vertical clearance of 13 feet above LWD in the closed position.

    The Seventh Street Bridge provides a horizontal clearance of 83 feet and a vertical clearance of 12 feet above LWD in the closed position.

    The Tenth Street Bridge provides a horizontal clearance of 90 feet and a vertical clearance of 18 feet above LWD in the closed position.

    The Canadian National Railroad Bridge provides a horizontal clearance of 80 feet and a vertical clearance of 14 feet above LWD in the closed position.

    The CSX Railroad Bridge, mile 0.09, is out of service and locked in the fully open position.

    All five drawbridges provide an unlimited vertical clearance in the open position.

    The CSX Railroad Bridge and Canadian National Railroad Bridge are not included in the existing regulation.

    The current regulation allows the Military Street Bridge and the Seventh Street Bridge to operate on the hour and half-hour between May 1 and October 31, from 9 a.m. to 5:30 p.m., Monday through Saturday, except Federal Holidays. In April and November, between the hours of 4 p.m. and 8 a.m., both bridges require a 3-hour advance notice for openings.

    The Tenth Street Bridge is currently required to open on signal from May 1 through October 31, except from 11 p.m. to 8 a.m. a 1-hour advance notice is required for openings. In April and November the bridge requires a 3-hour advance notice for openings at all times.

    From December 1 through March 31 all three highway bridges requires at least 24 hours notice for openings.

    As noted above, both the CSX Railroad and Canadian National Railroad bridges are not included in the existing regulation.

    The City of Port Huron operates the three highway bridges and requested the winter operating dates to be expanded due to a lack of openings, use of the waterway has substantially changed, and early development of ice in the river that prevents most recreational vessels from transiting the waterway between November 1 and April 30. They requested the winter operating schedules (with 12-hours advance notice from vessels) to apply November 1 through April 30 each year.

    In addition to reviewing winter operating dates we have reviewed the current operating schedules for all drawbridges on the waterway. During our coordination with the City of Port Huron and stakeholders, concerns were also received regarding vehicle congestion and predictable bridge openings when the Military Street and Seventh Street Bridges are opened simultaneously for vessels. Both bridges currently open on the hour and half-hour. This proposed rule is expected to reflect the current usage of the waterway by marine entities during the navigation season and winter periods, improve both marine and vehicular traffic mobility by reducing congestion and delays, simplify the schedules and language in the existing regulation, and provide for the reasonable needs of navigation.

    III. Discussion of Proposed Rule

    This proposed rule alternates, or staggers, openings of the three highway bridges with Military Street and Tenth Street opening on the hour and half-hour, and Seventh Street (the middle highway bridge), on the quarter and three-quarter-hour, thereby providing predictable bridge openings and avoiding all of the highway bridges opening simultaneously, and allowing continuous vessel movements through the highway bridges. To prevent congestion at the bridges the drawbridges will open at any time five or more vessels are waiting for an opening. This change is expected to reduce vehicular traffic congestion and delays, and reduce the chance vessels will be stuck between the highway bridges and waiting for extended times for bridge openings.

    The Tenth Street Bridge is the furthest upriver highway bridge and provides a higher vertical clearance than the Military Street or the Seventh Street drawbridges, allowing most vessels to pass under the bridge without an opening. The volume of marine traffic and upriver marine facilities that require Tenth Street Bridge openings is significantly lower than Military and Seventh Street Bridges but the vehicular traffic is considerably higher than the other highway bridges. Between May 1 and October 31 this proposed rule will allow the Tenth Street Bridge to open on the hour and half-hour from 8 a.m. to 11 p.m. From 11 p.m. to 8 a.m. the bridge will require a 1-hour advance notice for openings. This schedule is expected to provide predictable bridge openings for vehicles to cross the river at any time while still providing for the reasonable needs of navigation. Between November 1 and April 30 the bridge will require a 12-hours advance notice to open.

    The Canadian National Railroad Bridge normally remains in the open to navigation position and only closes to navigation to accommodate the passage of trains. This proposed rule will add the Canadian National Bridge to the current regulation. The bridge will open on signal at all times between May 1 and October 31, and will open if 12-hours advance notice is provided between November 1 and April 30, matching the winter schedules of the highway bridges.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits. Executive Order 13771 directs agencies to control regulatory costs through a budgeting process. This NPRM has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, the NPRM has not been reviewed by the Office of Management and Budget (OMB) and pursuant to OMB guidance it is exempt from the requirements of Executive Order 13771. This regulatory action determination is based on the ability that vessels can still transit the drawbridges by giving advanced notice at all times of the year.

    B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980 (RFA), 5 U.S.C. 601-612, as amended, requires federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this proposed rule would not have a significant economic impact on a substantial number of small entities. While some owners or operators of vessels intending to transit the bridges may be small entities, for the reasons stated in section IV.A above this proposed rule would not have a significant economic impact on any vessel owner or operator because we coordinated with the marina operators and the local yacht clubs and incorporated their concerns into the proposed regulation.

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT, above. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

    This proposed rule would call for no new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

    D. Federalism and Indian Tribal Government

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guides the Coast Guard in complying with the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions which do not individually or cumulatively have a significant effect on the human environment. This proposed rule simply promulgates the operating regulations or procedures for drawbridges. Normally such actions are categorically excluded from further review, under figure 2-1, paragraph (32)(e), of the Instruction.

    A preliminary Record of Environmental Consideration and a Memorandum for the Record are not required for this proposed rule. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided.

    Documents mentioned in this NPRM as being available in this docket and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 117

    Bridges.

    For the reasons discussed in the preamble, the Coast Guard proposes to amend 33 CFR part 117 as follows:

    PART 117—DRAWBRIDGE OPERATION REGULATIONS 1. The authority citation for part 117 continues to read as follows: Authority:

    33 U.S.C. 499; 33 CFR 1.05-1; Department of Homeland Security Delegation No. 0170.1.

    2. Revise § 117.625 to read as follows:
    § 117.625 Black River (Port Huron).

    (a) The draw of the Military Street Bridge, mile 0.33, shall open on signal; except that, from May 1 through October 31, from 8 a.m. to 11 p.m., seven days a week, the draw need open only on the hour and half-hour for recreational vessels, or at any time when there are more than five vessels waiting for an opening, and from November 1 through April 30 if at least 12-hours advance notice is given.

    (b) The draw of the Seventh Street Bridge, mile 0.50, shall open on signal; except that, from May 1 through October 31, from 8 a.m. to 11 p.m., seven days a week, the draw need open only on the quarter-hour and three-quarter-hour for recreational vessels, or at any time when there are more than five vessels waiting for an opening, and from November 1 through April 30 if at least 12-hours advance notice is given.

    (c) The draw of the Tenth Street Bridge, mile 0.94, shall open on signal; except that, from May 1 through October 31, from 8 a.m. to 11 p.m., seven days a week, the draw need open only on the hour and half-hour for recreational vessels, or at any time when there are more than five vessels waiting for an opening, and from 11 p.m. to 8 a.m. if at least 1-hour advance notice is provided, and from November 1 through April 30 if at least 12-hours notice is given.

    (d) The draw of the Canadian National Railroad Bridge, mile 1.56, shall open on signal; except from November 1 through April 30 if at least 12-hours advance notice is given.

    Dated: November 27, 2017. J.M. Nunan, Rear Admiral, U.S. Coast Guard, Commander, Ninth Coast Guard District.
    [FR Doc. 2017-26605 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0929] RIN 1625-AA00 Safety Zone; Lower Mississippi River, New Orleans, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone for the navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 95, above Head of Passes. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on April 21, 2018. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before February 9, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0930 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On September 14, 2017, New Orleans Convention Company, Inc. notified the Coast Guard that it will be conducting a fireworks display from 7:30 p.m. to 8:30 p.m. on April 21, 2018. The fireworks are to be launched from a barge on the Lower Mississippi River at approximate mile marker (MM) 94.5, above Head of Passes, off Algiers Point, New Orleans, LA. Hazards from firework displays include discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the fireworks would be a safety concern for anyone within a one-mile length of the river.

    The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a one-mile range of the fireworks barge before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. through 8:30 p.m. on April 21, 2018. The safety zone would cover all navigable waters of the Lower Mississippi River between MM 94 and MM 95, above Head of Passes. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size and short duration of the waterway closure, which will remain in effect for one hour on a one-mile section of the waterway. In addition, vessel traffic seeking to transit the area may seek permission from the COTP or his designated representative to do so.

    B. Impact on Small Entities

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

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting one hour that would prohibit entry within a one mile section of the Lower Mississippi River. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T08-0929 to read as follows:
    § 165.T08-0929 Safety Zone; Mississippi River, New Orleans, LA

    (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 95 above Head of Passes, New Orleans, LA.

    (b) Effective period. This rule is effective from 7:30 p.m. through 8:30 p.m. on April 21, 2018.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans.

    (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM Channel 16 or 67.

    (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

    (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule.

    Dated: December 4, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans.
    [FR Doc. 2017-26559 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-1057] RIN 1625-AA00 Safety Zone; Lower Mississippi River, New Orleans, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard is establishing a temporary safety zone for all navigable waters on the Lower Mississippi River from mile marker (MM) 95.7 to MM 96.7, Above Head of Passes. The safety zone is needed to protect personnel, vessels, and the marine environment from potential hazards created by a fireworks display. Entry of vessels or persons into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP). We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before January 10, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-1057 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On November 7, 2017, the Association of General Contractors of America notified the Coast Guard that it would be conducting a fireworks display from 7:30 p.m. through 8:30 p.m. on February 27, 2018. The fireworks will to be launched from a barge on the Lower Mississippi River at approximate mile marker (MM) 96.2, Above Head of Passes, New Orleans, LA. Hazards from firework displays include discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the fireworks would be a safety concern for anyone within a one-mile length of the river.

    The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a one-mile range of the fireworks barge before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 7:30 p.m. through 8:30 p.m. on February 27, 2018. The safety zone would cover all navigable waters of the Lower Mississippi River between MM 95.7 and MM 96.7, Above Head of Passes. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size and short duration of the waterway closure, which will remain in effect for one hour on a one-mile section of the waterway. In addition, vessel traffic seeking to transit the area may seek permission from the COTP or his designated representative to do so.

    B. Impact on Small Entities

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

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting one hour that would prohibit entry within a one-mile section of the Lower Mississippi River. Normally such actions are categorically excluded from further review under paragraph L60(a) of Appendix A, Table 1 of DHS Instruction Manual 023-01-001-01, Rev. 01. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T08-1057 to read as follows:
    § 165.T08-1057 Safety Zone; Mississippi River, New Orleans, LA

    (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River between mile markers 95.7 and 96.7 Above Head of Passes.

    (b) Effective period. This section is effective from 7:30 p.m. through 8:30 p.m. on February 27, 2018.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23 of this part, entry into this zone is prohibited unless specifically authorized by the Captain of the Port Sector New Orleans (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans.

    (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM Channel 16 or 67.

    (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

    (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule.

    Dated: December 4, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans.
    [FR Doc. 2017-26562 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG-2017-0930] RIN 1625-AA00 Safety Zone; Lower Mississippi River, New Orleans, LA AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The Coast Guard proposes to establish a temporary safety zone for the navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 95, above Head of Passes. This action is necessary to provide for the safety of life on these navigable waters near New Orleans, LA, during a fireworks display on April 22, 2018. This proposed rulemaking would prohibit persons and vessels from entering the safety zone unless authorized by the Captain of the Port Sector New Orleans (COTP) or a designated representative. We invite your comments on this proposed rulemaking.

    DATES:

    Comments and related material must be received by the Coast Guard on or before February 9, 2018.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0930 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    If you have questions about this proposed rulemaking, call or email Lieutenant Commander (LCDR) Howard Vacco, Sector New Orleans, U.S. Coast Guard; telephone 504-365-2281, email [email protected]

    SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port Sector New Orleans DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background, Purpose, and Legal Basis

    On March 14, 2017, the NOLA 2018 Foundation notified the Coast Guard that it will be conducting a fireworks display from 8 p.m. through 9 p.m. on April 22, 2018. The fireworks are to be launched from a barge on the Lower Mississippi River at approximate mile marker (MM) 94.5, above Head of Passes, off Algiers Point, New Orleans, LA. Hazards from firework displays include discharge of fireworks, dangerous projectiles, and falling hot embers or other debris. The Captain of the Port Sector New Orleans (COTP) has determined that potential hazards associated with the fireworks would be a safety concern for anyone within a one-mile length of the river.

    The purpose of this rulemaking is to ensure the safety of vessels and the navigable waters within a one-mile range of the fireworks barge before, during, and after the scheduled event. The Coast Guard proposes this rulemaking under authority in 33 U.S.C. 1231.

    III. Discussion of Proposed Rule

    The COTP proposes to establish a safety zone from 8:00 p.m. through 9:00 p.m. on April 22, 2018. The safety zone would cover all navigable waters of the Lower Mississippi River between MM 94 and MM 95, above Head of Passes. The duration of the zone is intended to ensure the safety of vessels and these navigable waters before, during, and after the scheduled fireworks display. No vessel or person would be permitted to enter the safety zone without obtaining permission from the COTP or a designated representative. The regulatory text we are proposing appears at the end of this document.

    IV. Regulatory Analyses

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

    A. Regulatory Planning and Review

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

    This regulatory action determination is based on the size and short duration of the waterway closure, which will remain in effect for one hour on a one-mile section of the waterway. In addition, vessel traffic seeking to transit the area may seek permission from the COTP or his designated representative to do so.

    B. Impact on Small Entities

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

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

    If you think that your business, organization, or governmental jurisdiction qualifies as a small entity and that this rule would have a significant economic impact on it, please submit a comment (see ADDRESSES) explaining why you think it qualifies and how and to what degree this rule would economically affect it.

    Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this proposed rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the FOR FURTHER INFORMATION CONTACT section. The Coast Guard will not retaliate against small entities that question or complain about this proposed rule or any policy or action of the Coast Guard.

    C. Collection of Information

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

    D. Federalism and Indian Tribal Governments

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

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

    E. Unfunded Mandates Reform Act

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

    F. Environment

    We have analyzed this proposed rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary determination that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This proposed rule involves a safety zone lasting one hour that would prohibit entry within a one-mile section of the Lower Mississippi River. Normally such actions are categorically excluded from further review under paragraph 34(g) of Figure 2-1 of Commandant Instruction M16475.lD. A preliminary Record of Environmental Consideration supporting this determination is available in the docket where indicated under ADDRESSES. We seek any comments or information that may lead to the discovery of a significant environmental impact from this proposed rule.

    G. Protest Activities

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

    V. Public Participation and Request for Comments

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

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

    We accept anonymous comments. All comments received will be posted without change to http://www.regulations.gov and will include any personal information you have provided. For more about privacy and the docket, visit http://www.regulations.gov/privacyNotice.

    Documents mentioned in this NPRM as being available in the docket, and all public comments, will be in our online docket at http://www.regulations.gov and can be viewed by following that Web site's instructions. Additionally, if you go to the online docket and sign up for email alerts, you will be notified when comments are posted or a final rule is published.

    List of Subjects in 33 CFR Part 165

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

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

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

    33 U.S.C. 1231; 50 U.S.C. 191; 33 CFR 1.05-1, 6.04-1, 6.04-6, and 160.5; Department of Homeland Security Delegation No. 0170.1.

    2. Add § 165.T08-0930 to read as follows:
    § 165.T08-0930 Safety Zone; Lower Mississippi River, New Orleans, LA.

    (a) Location. The following area is a safety zone: All navigable waters of the Lower Mississippi River between mile marker (MM) 94 and MM 95, above Head of Passes.

    (b) Effective period. This rule is effective from 8 p.m. through 9 p.m. on April 22, 2018.

    (c) Regulations. (1) In accordance with the general regulations in § 165.23, entry into this zone is prohibited unless specifically authorized by the Captain of the Port New Orleans (COTP) or designated representative. A designated representative is a commissioned, warrant, or petty officer of the U.S. Coast Guard assigned to units under the operational control of USCG Sector New Orleans.

    (2) Vessels requiring entry into this safety zone must request permission from the COTP or a designated representative. They may be contacted on VHF-FM Channel 16 or 67.

    (3) Persons and vessels permitted to enter this safety zone must transit at their slowest safe speed and comply with all lawful directions issued by the COTP or the designated representative.

    (d) Information broadcasts. The COTP or a designated representative will inform the public through Broadcast Notices to Mariners of any changes in the planned schedule.

    Dated: December 4, 2017. Wayne R. Arguin, Captain, U.S. Coast Guard, Captain of the Port New Orleans.
    [FR Doc. 2017-26560 Filed 12-8-17; 8:45 am] BILLING CODE 9110-04-P
    LIBRARY OF CONGRESS U.S. Copyright Office 37 CFR Part 201 [Docket No. 2005-6] Statutory Cable, Satellite, and DART License Reporting Practices AGENCY:

    U.S. Copyright Office, Library of Congress.

    ACTION:

    Request for reply comments; notice of ex-parte communication.

    SUMMARY:

    On December 1, 2017, the United States Copyright Office published a notice of proposed rulemaking and request for comments concerning the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements. The Copyright Office has determined that reply comments would also be appropriate for this rulemaking. In addition, the Office has determined that informal ex-parte communications with interested parties might be beneficial, such as to discuss nuances of proposed regulatory language.

    DATES:

    Initial written comments in response to the proposed rule published December 1, 2017, at 82 FR 56926, continue to be due no later than 11:59 p.m. Eastern Time on January 16, 2018. Written reply comments must be received no later than 11:59 p.m. Eastern Time on January 30, 2018.

    ADDRESSES:

    For reasons of government efficiency, the Copyright Office is using the regulations.gov system for the submission and posting of public comments in this proceeding. All comments are therefore to be submitted electronically through regulations.gov. Specific instructions for submitting comments are available on the Copyright Office Web site at https://copyright.gov/rulemaking/section111. If electronic submission of comments is not feasible due to lack of access to a computer and/or the internet, please contact the Office using the contact information below for special instructions.

    FOR FURTHER INFORMATION CONTACT:

    Sarang V. Damle, General Counsel and Associate Register of Copyrights, by email at [email protected], Regan A. Smith, Deputy General Counsel, by email at [email protected], or Anna Chauvet, Assistant General Counsel, by email at [email protected], or any of them by telephone at 202-707-8350.

    SUPPLEMENTARY INFORMATION:

    On December 1, 2017, the Office issued a notice of proposed rulemaking (“NPRM”) on proposed rules governing the royalty reporting practices of cable operators under section 111 and proposed revisions to the Statement of Account forms, and on proposed amendments to the Statement of Account filing requirements.1 The NPRM addresses certain issues outlined by a 2006 notice of inquiry published by the Office,2 which received comments from multiple parties,3 as well as additional issues that have subsequently arisen. While the NPRM is primarily focused on reporting practices for the cable license, some of the rules proposed by the NPRM would also apply to remitters making use of the section 119 (satellite) or chapter 10 (“DART”) licenses.4 The Office welcomed public input on the proposed changes set forth in the NPRM, as well as other suggestions on streamlining or otherwise improving reporting practices for the section 111 license.

    1 82 FR 56926 (Dec. 1, 2017).

    2 71 FR 45749 (Aug. 10, 2006).

    3 The initial and reply comments have been posted on the Office's Web site at https://copyright.gov/rulemaking/section111.

    4 82 FR at 56935-36.

    A. Reply Comments

    The Office has determined that interested parties should be given an opportunity to address the proposed regulation and any comments submitted in response to the NPRM before the Office adopts a final rule. Accordingly, the Office concludes that reply comments would be appropriate. Interested parties must submit written reply comments in accordance with the deadline specified in the DATES section above. Reply commenters should limit their remarks to the issues or concerns presented in the initial comments.

    B. Ex-Parte Communication

    Typically, the Office's communications with participants about ongoing rulemakings do not include discussions about the substance of the proceeding apart from the noticed phases of written comments. The Office has determined that informal communication with interested parties might be beneficial in this rulemaking, such as to discuss nuances of proposed regulatory language. Any such communication may occur before and after public comments are submitted to the Office, but before a final rule has issued. Parties wishing to participate in informal discussions with the Office should submit a written request using the contact information above.

    The primary means to communicate views in the course of the rulemaking will, however, continue to be through the submission of written comments. In other words, informal communication will supplement, not substitute for, the written record. Should a party meet with the Office regarding this rulemaking, the participating party will be responsible for submitting a list of attendees and written summary of any oral communication to the Office, which will be made publicly available on the Office's Web site or regulations.gov. In sum, while the Office is establishing the option of informal meetings in this rulemaking, it will require that all such communications be on the record to ensure the greatest possible transparency.

    Dated: December 6, 2017. Sarang V. Damle, General Counsel and Associate Register of Copyrights.
    [FR Doc. 2017-26631 Filed 12-8-17; 8:45 am] BILLING CODE 1410-30-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [EPA-HQ-OAR-2017-0472; FRL-9968-23-OAR] RIN 2060-AT53 Protection of Stratospheric Ozone: Revision to References for Refrigeration and Air Conditioning Sector To Incorporate Latest Edition of Certain Industry, Consensus-Based Standards AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of proposed rulemaking.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is proposing to modify the use conditions required for use of three flammable refrigerants, isobutane (R-600a), propane (R-290), and R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers under the Significant New Alternatives Policy (SNAP) program. The use conditions, which address safe use of flammable refrigerants, would reflect the incorporation by reference of an updated standard from Underwriters Laboratories. In the “Rules and Regulations” section of this Federal Register, we are modifying these use conditions as a direct final rule without a prior proposed rule. If we receive no adverse comment, we will not take further action on this proposed rule.

    DATES:

    Written comments must be received on or before January 25, 2018. Any party requesting a public hearing must notify the contact listed below under FOR FURTHER INFORMATION CONTACT by December 18, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2017-0472, to the Federal eRulemaking Portal: https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Chenise Farquharson, Stratospheric Protection Division, Office of Atmospheric Programs (Mail Code 6205T), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: 202-564-7768; email address: [email protected] Notices and rulemakings under EPA's Significant New Alternatives Policy program are available on EPA's Stratospheric Ozone Web site at https://www.epa.gov/snap/snap-regulations.

    SUPPLEMENTARY INFORMATION:

    I. What is EPA proposing?

    This action proposes to revise the use conditions for three flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-290), and R-441A, used in new household refrigerators, freezers, and combination refrigerators and freezers under EPA's Significant New Alternatives Policy (SNAP) program. This action would replace four of the five use conditions in our previous hydrocarbon refrigerants rules (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015) with the updated Underwriters Laboratories (UL) Standard 60335-2-24 (2nd edition, April 28, 2017), “Household and Similar Electrical Appliances—Safety—Part 2-24: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers.” UL Standard 60335-2-24 supersedes the current edition of UL Standard 250 (10th edition, August 25, 2000), “Household Refrigerators and Freezers,” which EPA previously incorporated by reference in the use conditions of the acceptability listings for these three refrigerants (76 FR 78832, December 20, 2011; 80 FR 19454, April 10, 2015). The use conditions would include a charge limit of 150 grams (5.29 ounces) for each separate refrigerant circuit in a refrigerator or freezer, consistent with UL Standard 60335-2-24. The use conditions that would be replaced are reflected in the provisions of UL Standard 60335-2-24 and would be redundant of the standard. Elsewhere in this Federal Register, EPA is taking this action as a direct final rule without prior proposal because EPA views this as a noncontroversial revision and anticipates no adverse comments. This action does not place any significant burden on the regulated community and ensures consistency with industry standards. We have explained our reasons for this action in the preamble to the direct final rule.

    If we receive no adverse comment, we will not take further action on this proposed rule. If we receive adverse comment, we will withdraw the direct final rule and it will not take effect. We would address all public comments in any subsequent final rule based on this proposed rule.

    We will not institute a second comment period on this action. Any parties interested in commenting on this action should do so at this time. For further information, please see the information provided in the ADDRESSES section of this document.

    If requested by the date specified in the DATES section of this notice, EPA will hold a public hearing to accept oral testimony on this proposal on or before December 26, 2017 in Washington, DC. EPA will post all information regarding any public hearing on this proposed action, including whether a hearing will be held, its location, date, and time, if applicable, and any updates online at https://www.epa.gov/snap. In addition, you may contact Ms. Chenise Farquharson at (202) 564-7768 or by email at [email protected] with public hearing requests and inquiries. EPA does not intend to publish any future notices in the Federal Register regarding a public hearing on this proposed rule and directs all inquiries regarding a hearing to the Web site and contact person identified above.

    II. Does this action apply to me?

    This notice of proposed rulemaking would regulate the use of three flammable hydrocarbon refrigerants, isobutane (R-600a), propane (R-290), and the hydrocarbon blend R-441A, in new household refrigerators, freezers, and combination refrigerators and freezers. Table 1 identifies industry subsectors that might want to explore the use of these flammable refrigerants in this end-use or that might work with equipment using these refrigerants in the future. Regulated entities may include:

    Table 1—Potentially Regulated Entities by North American Industrial Classification System (NAICS) Code Category NAICS code Description of regulated entities Industry 333415 Manufacturers of Refrigerators, Freezers, and Other Refrigerating or Freezing Equipment, Electric or Other (NESOI); Heat Pumps Not Elsewhere Specified or Included; and Parts Thereof. Industry 335222 Household Refrigerator and Home Freezer Manufacturing. Industry 811412 Appliance Repair and Maintenance.

    This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. This table lists the types of entities that EPA is now aware could potentially be regulated by this action. Other types of entities not listed in the table could also be regulated. To determine whether your entity is regulated by this action, you should carefully examine the applicability criteria found in 40 CFR part 82. If you have questions regarding the applicability of this action to a particular entity, consult the person listed in the FOR FURTHER INFORMATION CONTACT section.

    III. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

    A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs

    This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866.

    C. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection burden under the PRA. OMB has previously approved the information collection requirements contained in the existing regulations and has assigned OMB control number 2060-0226. This rule contains no new requirements for reporting or recordkeeping.

    D. Regulatory Flexibility Act

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. In making this determination, the impact of concern is any significant adverse economic impact on small entities. An agency may certify that a rule will not have a significant economic impact on a substantial number of small entities if the rule relieves regulatory burden, has no net burden or otherwise has a positive economic effect on the small entities subject to the rule.

    The use conditions of this rule would apply to manufacturers of new household refrigerators and freezers, that choose to use flammable refrigerants. This action would allow equipment manufacturers to use flammable refrigerants at a higher charge size than previously allowed in new household refrigerators and freezers but does not mandate such use; the change to the use conditions allows more flexibility for manufacturers in the design of equipment and thus reduces regulatory burden to the regulated community. In some cases, it may reduce costs by allowing manufacturers to design equipment with a single, larger refrigerant circuit instead of multiple, smaller refrigerant circuits for the same piece of equipment.

    E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any state, local or tribal governments or the private sector.

    F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects 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.

    G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this action.

    H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    This action is not subject to Executive Order 13045 because it is not economically significant as defined in Executive Order 12866, and because EPA does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children. This action's health and risk assessments are contained in risk screens for the various substitutes.1 2 3 The risk screens are available in the docket for this rulemaking.

    1 ICF, 2017a. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Propane (R-290).

    2 ICF, 2017b. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: Isobutane (R-600a).

    3 ICF, 2017c. Risk Screen on Substitutes in Household Refrigerators and Freezers; Substitute: R-441A.

    I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

    This action is not a “significant energy action” because it is not likely to have a significant adverse effect on the supply, distribution or use of energy.

    J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR Part 51

    This action involves a technical standard. EPA is proposing to revise the use conditions for the household refrigerators and freezers end-use by incorporating by reference the UL Standard 60335-2-24, “Safety Requirements for Household and Similar Electrical Appliances, Part 2: Particular Requirements for Refrigerating Appliances, Ice-Cream Appliances and Ice-Makers” (2nd edition, April 2017), which establishes requirements for the evaluation of household and similar electrical appliances, and safe use of flammable refrigerants. UL Standard 60335-2-24 supersedes the current edition of UL Standard 250, Supplement A, “Requirements for Refrigerators and Freezers Employing a Flammable Refrigerant in the Refrigerating System” (10th Edition, August 2000. EPA's revision to the use conditions will replace the 2000 UL standard 250 with the 2017 UL standard 60335-2-24. This standard is available at https://standardscatalog.ul.com/standards/en/standard_60335-2-24_2, and may be purchased by mail at: COMM 2000, 151 Eastern Avenue, Bensenville, IL 60106; Email: [email protected]; Telephone: 1-888-853-3503 in the U.S. or Canada (other countries dial 1-415-352-2178); Internet address: http://www.shopulstandards.com/ProductDetail.aspx?productId=UL60335-2-24_2_B_20170428(ULStandards2). The cost of UL 60335-2-24 is $454 for an electronic copy and $567 for hardcopy. UL also offers a subscription service to the Standards Certification Customer Library (SCCL) that allows unlimited access to their standards and related documents. The cost of obtaining this standard is not a significant financial burden for equipment manufacturers and purchase is not required for those selling, installing and servicing the equipment. Therefore, EPA concludes that the UL standard being incorporated by reference is reasonably available.

    K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    The human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations. This action's health and environmental risk assessments are contained in the risk screens for the various substitutes. The risk screens are available in the docket for this rulemaking.

    List of Subjects in 40 CFR Part 82

    Environmental protection, Administrative practice and procedure, Air pollution control, Incorporation by reference, Recycling, Reporting and recordkeeping requirements, Stratospheric ozone layer.

    Dated: November 20, 2017. E. Scott Pruitt, Administrator.
    [FR Doc. 2017-26084 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 131 [EPA-HQ-OW-2017-0303; FRL-9971-30-OW] RIN 2040-AF71 Proposed Withdrawal of Certain Federal Water Quality Criteria Applicable to California: Lead, Chlorodibromomethane, and Dichlorobromomethane AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Proposed rule.

    SUMMARY:

    The Environmental Protection Agency (EPA) is proposing to amend the federal regulations to withdraw certain human health (water and organisms) water quality criteria and certain freshwater acute and chronic aquatic life water quality criteria, applicable to certain waters of California because California adopted, and EPA approved, criteria for these parameters that are considered protective of the uses for the waterbodies. The EPA is providing an opportunity for public comment to this proposed withdrawal of certain federally promulgated criteria. The withdrawal will enable California to implement their EPA-approved water quality criteria.

    DATES:

    Comments must be received on or before February 9, 2018.

    ADDRESSES:

    Submit your comments, identified by Docket ID No. EPA-HQ-OW-2017-0303, at https://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.

    EPA is offering a virtual public hearing so that interested parties may also provide oral comments on this proposed rule. The virtual public hearing will be on January 25, 2018 from 9:00 a.m. to 11:00 a.m. Pacific Time. For more details on the public hearing and a link to register, please visit https://www.epa.gov/wqs-tech/water-quality-standards-regulations-california.

    FOR FURTHER INFORMATION CONTACT:

    For information with respect to California, contact Diane E. Fleck, P.E. Esq., U.S. EPA Region 9, WTR-2, 75 Hawthorne St., San Francisco, CA 94105 (telephone: (415) 972-3527 or email: [email protected]). For general and administrative concerns, contact Bryan “Ibrahim” Goodwin, U.S. EPA Headquarters, Office of Science and Technology, 1200 Pennsylvania Avenue NW., Mail Code 4305T, Washington, DC 20460 (telephone: (202) 566-0762 or email: [email protected]).

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. General Information A. Does this action apply to me? II. Background A. What are the applicable federal statutory and regulatory requirements? B. What are the applicable federal water quality criteria that EPA is proposing to withdraw? III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations I. General Information A. Does this action apply to me?

    No one is affected by the proposed action contained in this document. This proposed action would merely serve to withdraw certain federal water quality criteria that have been applicable to California that are no longer needed in light of approved state water quality criteria. If you have any questions regarding the applicability of this action to a particular entity, consult the person identified in the preceding section entitled FOR FURTHER INFORMATION CONTACT.

    II. Background A. What are the applicable federal statutory and regulatory requirements?

    On May 18, 2000, EPA promulgated a final rule known as the “California Toxics Rule” (“CTR”) at 40 CFR 131.38. This final rule established numeric water quality criteria for priority toxic pollutants for the State of California, because the State had not complied fully with Section 303(c)(2)(B) of the Clean Water Act (CWA) (65 FR 31682).

    Consistent with the basic tenet of the CWA, EPA developed the water quality standards program emphasizing State primacy. Although in the CTR EPA promulgated toxic criteria for California, EPA prefers that states maintain primacy, revise their own standards, and achieve full compliance (see 57 FR 60860, December 22, 1992). As described in the preamble to the final CTR (see 65 FR 31681 (May 18, 2000)), when California adopts, and EPA approves, water quality criteria that meet the requirements of the CWA, EPA will issue a rule amending the CTR to withdraw the federal criteria applicable to California.

    Consistent with the procedure described in the preamble to the final CTR, EPA is proposing to amend the federal regulations to withdraw certain federally promulgated human health (water and organisms) water quality criteria and certain freshwater aquatic life (acute and chronic) water quality criteria, applicable in California. EPA is providing an opportunity for public comment because the criteria adopted by the State and approved by EPA, while as protective for CWA purposes as the federally promulgated criteria, are less stringent than the federally promulgated criteria that EPA is now proposing to withdraw.

    B. What are the applicable federal water quality criteria that EPA is proposing to withdraw?

    This action proposes to amend the federal regulations to withdraw human health (water & organisms) criteria for chlorodibromomethane and dichlorobromomethane for a segment of New Alamo Creek and a segment of Ulatis Creek, California. In addition, it proposes to amend the federal regulations to withdraw freshwater acute and chronic aquatic life criteria for lead for the Los Angeles River and its tributaries.

    1. Chlorodibromomethane and Dichlorobromomethane

    On May 18, 2000, in the CTR, EPA promulgated federal regulations establishing water quality criteria for priority toxic pollutants for California. On November 3, 2011, California completed its adoption process to incorporate water quality criteria for chlorodibromomethane and dichlorobromomethane, for a segment of New Alamo Creek and a segment of Ulatis Creek. The State calls these criteria site-specific water quality objectives or site-specific objectives. On December 13, 2011, the State submitted the site-specific objectives to EPA Region 9 for review and approval.

    On April 9, 2013, EPA approved site-specific objectives for that segment of New Alamo Creek and that segment of Ulatis Creek. The Central Valley Regional Water Quality Control Board adopted the objectives in Resolution No. R5-2010-0047, the California State Water Resources Control Board approved of the objectives in Resolution 2011-0036 and EPA subsequently approved the State Board action.

    Because California now has site-specific human health (for water and organisms) criteria approved by EPA for CWA purposes for chlorodibromomethane and dichlorobromomethane for a segment of New Alamo Creek and a segment of Ulatis Creek, EPA has determined that the federally promulgated human health (water and organisms) criteria are no longer needed for these particular waters. The incremental cancer risk levels associated with the California site-specific objectives, based on the risk assessment in EPA's National Recommended Water Quality Criteria (2006), would range from 10−4.55 to 10−4.91. EPA determined that these objectives assure that cancer risk to the most highly exposed population would not exceed a 10−4 cancer risk level, even if the population consumed 2 L/day of water and up to 17.5 g/day or more of fish/shellfish from the segments for a 70-year lifetime. States and authorized Tribes have the flexibility to adopt water quality criteria that result in a risk level higher than 10−6, up to the 10−5 level. That flexibility is constrained, however, by the need for careful consideration of the associated exposure parameter assumptions, and whether the resulting criteria would expose sensitive subpopulations consuming fish at unsuppressed rates to no more than a 10−4 cancer risk. Thus, EPA approved the State's site-specific objectives, which are less stringent than the federally promulgated criteria, because EPA determined that the State's site-specific objectives were scientifically sound and protective of the designated use(s) for the segment of New Alamo Creek and the segment of Ulatis Creek. More information on EPA's action, which approved California's adopted objectives, including EPA's approval letter and Record of Decision, can be accessed at OW docket number EPA-HQ-OW-2017-0303.

    The following has been excerpted from the Water Quality Control Plan for the California Regional Water Quality Control Board—Central Valley Region (Basin Plan)—Resolution No. R5-2010-0047. Attachment 1 includes under the heading “ORGANIC CHEMICAL WATER QUALITY OBJECTIVES,” California's recently adopted site-specific objectives for chlorodibromomethane and dichlorobromomethane, for a segment of New Alamo Creek and a segment of Ulatis Creek.

    EP11DE17.000

    As explained above, EPA seeks public comment before withdrawing the federally promulgated criteria because although these state criteria have been determined to be scientifically sound and protective of the designated use(s) for the particular waters and otherwise meet the requirements of the CWA and EPA's implementing regulations at 40 CFR 131, the state criteria are less stringent than the promulgated federal criteria (see Table 1). This proposal will result in the withdrawal of federal human health (water & organisms) criteria under the CTR for chlorodibromomethane and dichlorobromomethane for a segment of New Alamo Creek and a segment of Ulatis Creek. However, the criteria for chlorodibromomethane and dichlorobromomethane for other waters in California that are currently part of the CTR will remain in the federal promulgations.

    Table 1—Comparison of CTR Promulgations and CA Criteria for Chlorodibromomethane and Dichlorobromomethane for Certain CA Waters Parameter and criterion Source document Criterion value
  • m g/L
  • Chlorodibromomethane: Human Health Criterion for Consumption of Water and Organisms 40 CFR 131.38 (or CTR)
  • California Adopted and EPA approved for CWA Purposes, applicable to a segment of New Alamo Creek and a segment of Ulatis Creek, California
  • 0.41
  • 4.9
  • Dichlorobromomethane: Human Health Criterion for Consumption of Water and Organisms 40 CFR 131.38 (or CTR)
  • California Adopted and EPA approved for CWA Purposes, applicable to a segment of New Alamo Creek and a segment of Ulatis Creek, California
  • 0.56
  • 16
  • 2. Lead

    On May 18, 2000, in the CTR, EPA promulgated federal regulations establishing water quality criteria for priority toxic pollutants for California. On July 11, 2016, California completed its adoption process to incorporate water quality objectives for lead for the Los Angeles River and its tributaries. The State calls these criteria site-specific water quality objectives or site-specific objectives. On July 19, 2016, the State submitted the site-specific objectives to EPA Region 9 for review and approval. On December 12, 2016, EPA approved site-specific objectives for lead for the Los Angeles River and its tributaries. The Los Angeles Regional Water Quality Control Board adopted these site-specific objectives under Resolution No. R15-004. The California State Water Resources Control Board in Resolution No. 2015-0069 subsequently approved the Regional Board action on these site-specific objectives, and EPA subsequently approved the State Board action.

    Because California now has site-specific objectives for lead for the protection of aquatic life, approved by EPA for CWA purposes, for the Los Angeles River and its tributaries, EPA has determined that the federally promulgated freshwater acute and chronic aquatic life criteria for lead are no longer needed for these particular waters. 40 CFR 131.11(b)(1)(ii) allows States to establish water quality criteria that are “. . . modified to reflect site-specific conditions”, and, site-specific criteria still must be based on a sound scientific rationale in order to protect the designated use. The State's site-specific objectives for lead were based on a recalculation of the water quality objectives established in 40 CFR 131.38 using the EPA Recalculation Procedure; this procedure takes into account updates or revisions in the national dataset used in the national water quality criterion development. EPA found that the State's application of the Recalculation Procedure for lead to be consistent with guidance for the development of site-specific standards using recalculation procedures. Thus, EPA approved the State's site-specific objectives for lead, which are less stringent than the federally promulgated criteria, because EPA determined that the State's site-specific objectives were scientifically sound and protective of the designated use(s) for the Los Angeles River and its tributaries and met the requirements of the CWA and EPA's implementing regulations at 40 CFR 131. More information on EPA's action, which approved California's adopted objectives, including EPA's approval letter and Record of Decision can be accessed at OW docket number EPA-HQ-OW-2017-0303.

    The following has been excerpted from the Water Quality Control Plan for the Los Angeles Regional Water Quality Control Board—Attachment A to: Revision of Lead Water Quality Objectives for Los Angeles River and Tributaries, Resolution No. R15-004.

    BILLING CODE 6560-50-P EP11DE17.001 BILLING CODE 6560-50-C

    As explained above, EPA seeks public comment before withdrawing the federally promulgated criteria because although these state criteria have been determined to be scientifically sound and protective of the designated use(s) for the particular waters and otherwise meet the requirements of the CWA and EPA's implementing regulations at 40 CFR 131, the state criteria are less stringent than the promulgated federal criteria (see Table 2 in this preamble). This proposal will result in the withdrawal of federal freshwater acute and chronic criteria for lead under the CTR for the Los Angeles River and its tributaries. However, the criteria for lead for other waters in California that are currently part of the CTR will remain in the federal promulgations.

    Table 2—Comparison of CTR Promulgations and CA Criteria for Lead for Certain CA Waters Criterion Source document Criterion value Freshwater Acute Criterion or Criterion Maximum Concentration 40 CFR 131.38 (or CTR) CMC = e (1.273 * In (hardness) 1.460) * (1.46203−In (hardness) * 0.145712).
  • 65 m g/L, corresponding to a total hardness of 100 mg/L.
  • California Adopted and EPA approved for CWA Purposes, applicable to the Los Angeles River and its tributaries CMC = e (1.466 * In (hardness) 1.882) * (1.46203−In (hardness) * 0.145712).
  • 103 m g/L, corresponding to a total hardness of 100 mg/L.
  • Freshwater Chronic Criterion or Criterion Continuous Concentration 40 CFR 131.38 (or CTR) CCC = e (1.273 * In (hardness) 4.705) * (1.46203−In (hardness) * 0.145712).
  • 2.5 m g/L, corresponding to a total hardness of 100 mg/L.
  • California Adopted and EPA approved for CWA Purposes, applicable to the Los Angeles River and its tributaries CCC = e (1.466 * In (hardness) 3.649) * (1.46203−In (hardness) * 0.145712).
  • 17.6 m g/L, corresponding to a total hardness of 100 mg/L.
  • III. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review.

    B. Executive Order 13771: Reducing Regulations and Controlling Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory action. This proposed rule is expected to provide meaningful burden reduction by withdrawal of certain federally promulgated criteria in certain waters of California.

    C. Paperwork Reduction Act (PRA)

    This action does not impose any new information-collection burden under the PRA because it is administratively withdrawing federal requirements that are no longer needed in California. It does not include any information-collection, reporting, or recordkeeping requirements. The OMB has previously approved the information collection requirements contained in the existing regulations 40 CFR part 131 and has assigned OMB control number 2040-0286.

    D. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. Small entities, such as small businesses or small governmental jurisdictions, are not directly regulated by this rule.

    E. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. As this action proposes to withdraw certain federally promulgated criteria, the action imposes no enforceable duty on any state, local, or tribal governments, or the private sector.

    F. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have substantial direct effects 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. This rule imposes no regulatory requirements or costs on any state or local governments. Thus, Executive Order 13132 does not apply to this action.

    In the spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and state and local governments, EPA specifically solicits comment on this proposed action from state and local officials.

    G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

    This action does not have tribal implications, as specified in Executive Order 13175. This rule imposes no regulatory requirements or costs on any tribal government. It does not have substantial direct effects on tribal governments, the relationship between the federal government and tribes, or on the distribution of power and responsibilities between the federal government and tribes. Thus, Executive Order 13175 does not apply to this action.

    H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

    This action is not subject to Executive Order 13045 (62 FR 19885, April 23, 1997) because it is not economically significant as defined in Executive Order 12866, and because the Agency does not believe the environmental health or safety risks addressed by this action present a disproportionate risk to children.

    I. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use

    This proposed rule is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

    J. National Technology Transfer Advancement Act

    This proposed rulemaking does not involve technical standards.

    K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes federal executive policy on environmental justice. Its main provision directs federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States.

    The EPA believes that this action does not have disproportionately high and adverse human health or environmental effects on minority populations, low-income populations and/or indigenous peoples, as specified in Executive Order 12898 (59 FR 7629, February 16, 1994). EPA has previously determined, based on the most current science and EPA's CWA Section 304(a) recommended criteria, that California's adopted and EPA-approved criteria are protective of human health.

    List of Subjects in 40 CFR Part 131

    Environmental protection, Administrative practice and procedure, Reporting and recordkeeping requirements, Water pollution control.

    Dated: November 20, 2017. E. Scott Pruitt, Administrator.

    For the reasons set out in the preamble title 40, Chapter I, part 131 of the Code of Federal Regulations is proposed to be amended as follows:

    PART 131—WATER QUALITY STANDARDS 1. The authority citation for part 131 continues to read as follows: Authority:

    33 U.S.C. 1251 et seq.

    2. Amend § 131.38, by revising the table in paragraph (b)(1) to read as follows:
    § 131.38 Establishment of numeric criteria for priority toxic pollutants for the State of California.

    (b)(1) * * *

    A
  • Number compound CAS No. B
  • Freshwater
  • Criterion
  • maximum
  • conc. d
  • (µg/L)
  • B1
  • Criterion
  • continuous
  • conc. d
  • (µg/L)
  • B2
  • C
  • Saltwater
  • Criterion
  • maximum
  • conc. d
  • (µg/L)
  • C1
  • Criterion
  • continuous
  • conc. d
  • (µg/L)
  • C2
  • D
  • Human health (10 6 risk for carcinogens) for consumption of
  • Water &
  • organisms
  • (µg/L)
  • D1
  • Organisms
  • only
  • (µg/L)
  • D2
  • 1. Antimony 7440360 14 a,s 4300 a,t. 2. Arsenic b 7440382 340 i,m,w 150 i,m,w 69 i,m 36 i,m. 3. Beryllium 7440417 n n. 4. Cadmium b 7440439 4.3 e,i,m,w,x 2.2 e,i,m,w 42 i,m 9.3 i,m n n. 5a. Chromium (III) 16065831 550 e,i,m,o 180 e,i,m,o n n. 5b. Chromium (VI) b 18540299 16 i,m,w 11 i,m,w 1100 i,m 50 i,m n n. 6. Copper b 7440508 13 e,i,m,w,x 9.0 e,i,m,w 4.8 i,m 3.1 i,m 1300. 7. Lead b 7439921 65 e,i,m,z 2.5 e,i,m,z 210 i,m 8.1 i,m n n. 8. Mercury b 7439976 [Reserved] [Reserved] [Reserved] [Reserved] 0.050 a 0.051 a. 9. Nickel b 7440020 470 e,i,m,w 52 e,i,m,w 74 i,m 8.2 i,m 610 a 4600 a. 10. Selenium b 7782492 [Reserved] p 5.0 q 290 i,m 71 i,m n n. 11. Silver b 7440224 3.4 e,i,m 1.9 i,m. 12. Thallium 7440280 1.7 a,s 6.3 a,t. 13. Zinc b 7440666 120 e,i,m,w,x 120 e,i,m,w 90 i,m 81 i,m. 14. Cyanide b 57125 22 o 5.2 o 1 r 1 r 700 a 220,000 a,j. 15. Asbestos 1332214 7,000,000 fibers/L k,s 16. 2,3,7,8-TCDD (Dioxin) 1746016 0.000000013 c 0.000000014 c. 17. Acrolein 107028 320 s 780 t. 18. Acrylonitrile 107131 0.059 a,c,s 0.66 a,c,t. 19. Benzene 71432 1.2 a,c 71 a,c. 20. Bromoform 75252 4.3 a,c 360 a,c. 21. Carbon Tetrachloride 56235 0.25 a,c,s 4.4 a,c,t. 22. Chlorobenzene 108907 680 a,s 21,000 a,j,t. 23. Chlorodibromomethane 124481 0.41 a,c,y 34 a,c. 24. Chloroethane 75003 25. 2-Chloroethylvinyl Ether 110758 26. Chloroform 67663 [Reserved] [Reserved]. 27. Dichlorobromomethane 75274 0.56 a,c,y 46 a,c. 28. 1,1-Dichloroethane 75343 29. 1,2-Dichloroethane 107062 0.38 a,c,s 99 a,c,t. 30. 1,1-Dichloroethylene 75354 0.057 a,c,s 3.2 a,c,t. 31. 1,2-Dichloropropane 78875 0.52 a 39 a. 32. 1,3-Dichloropropylene 542756 10 a,s 1,700 a,t. 33. Ethylbenzene 100414 3,100 a,s 29,000 a,t. 34. Methyl Bromide 74839 48 a 4,000 a. 35. Methyl Chloride 74873 n n. 36. Methylene Chloride 75092 4.7 a,c 1,600 a,c. 37. 1,1,2,2-Tetrachloroethane 79345 0.17 a,c,s 11 a,c,t. 38. Tetrachloroethylene 127184 0.8 c,s 8.85 c,t. 39. Toluene 108883 6,800 a 200,000 a. 40. 1,2-Trans-Dichloroethylene 156605 700 a 140,000 a. 41. 1,1,1-Trichloroethane 71556 n n. 42. 1,1,2-Trichloroethane 79005 0.60 a,c,s 42 a,c,t. 43. Trichloroethylene 79016 2.7 c,s 81 c,t. 44. Vinyl Chloride 75014 2 c,s 525 c,t. 45. 2-Chlorophenol 95578 120 a 400 a. 46. 2,4-Dichlorophenol 120832 93 a,s 790 a,t. 47. 2,4-Dimethylphenol 105679 540 a 2,300 a. 48. 2-Methyl-4,6-Dinitrophenol 534521 13.4 s 765 t. 49. 2,4-Dinitrophenol 51285 70 a,s 14,000 a,t. 50. 2-Nitrophenol 88755 51. 4-Nitrophenol 100027 52. 3-Methyl-4-Chlorophenol 59507 53. Pentachlorophenol 87865 19 f,w 15 f,w 13 7.9 0.28 a,c 8.2 a,c,j. 54. Phenol 108952 21,000 a 4,600,000 a,j,t. 55. 2,4,6-Trichlorophenol 88062 2.1 a,c 6.5 a,c. 56. Acenaphthene 83329 1,200 a 2,700 a. 57. Acenaphthylene 208968 58. Anthracene 120127 9,600 a 110,000 a. 59. Benzidine 92875 0.00012 a,c,s 0.00054 a,c,t. 60. Benzo(a)Anthracene 56553 0.0044 a,c 0.049 a,c. 61. Benzo(a)Pyrene 50328 0.0044 a,c 0.049 a,c. 62. Benzo(b)Fluoranthene 205992 0.0044 a,c 0.049 a,c. 63. Benzo(ghi)Perylene 191242 64. Benzo(k)Fluoranthene 207089 0.0044 a,c 0.049 a,c. 65. Bis(2-Chloroethoxy)Methane 111911 66. Bis(2-Chloroethyl)Ether 111444 0.031 a,c,s 1.4 a,c,t. 67. Bis(2-Chloroisopropyl)Ether 108601 1,400 a 170,000 a,t. 68. Bis(2-Ethylhexyl)Phthalate 117817 1.8 a,c,s 5.9 a,c,t. 69. 4-Bromophenyl Phenyl Ether 101553 70. Butylbenzyl Phthalate 85687 3,000 a 5,200 a. 71. 2-Chloronaphthalene 91587 1,700 a 4,300 a. 72. 4-Chlorophenyl Phenyl Ether 7005723 73. Chrysene 218019 0.0044 a,c 0.049 a,c. 74. Dibenzo(a,h)Anthracene 53703 0.0044 a,c 0.049 a,c. 75. 1,2 Dichlorobenzene 95501 2,700 a 17,000 a. 76. 1,3 Dichlorobenzene 541731 400 2,600. 77. 1,4 Dichlorobenzene 106467 400 2,600. 78. 3,3′-Dichlorobenzidine 91941 0.04 a,c,s 0.077 a,c,t. 79. Diethyl Phthalate 84662 23,000 a,s 120,000 a,t. 80. Dimethyl Phthalate 131113 313,000 s 2,900,000 t. 81. Di-n-Butyl Phthalate 84742 2,700 a,s 12,000 a,t. 82. 2,4-Dinitrotoluene 121142 0.11 c,s 9.1 c,t. 83. 2,6-Dinitrotoluene 606202 84. Di-n-Octyl Phthalate 117840 85. 1,2-Diphenylhydrazine 122667 0.040 a,c,s 0.54 a,c,t. 86. Fluoranthene 206440 300 a 370 a. 87. Fluorene 86737 1,300 a 14,000 a. 88. Hexachlorobenzene 118741 0.00075 a,c 0.00077 a,c. 89. Hexachlorobutadiene 87683 0.44 a,c,s 50 a,c,t. 90. Hexachlorocyclopentadiene 77474 240 a,s 17,000 a,j,t. 91. Hexachloroethane 67721 1.9 a,c,s 8.9 a,c,t. 92. Indeno(1,2,3-cd) Pyrene 193395 0.0044 a,c 0.049 a,c. 93. Isophorone 78591 8.4 c,s 600 c,t. 94. Naphthalene 91203 95. Nitrobenzene 98953 17 a,s 1,900 a,j,t. 96. N-Nitrosodimethylamine 62759 0.00069 a,c,s 8.1 a,c,t. 97. N-Nitrosodi-n-Propylamine 621647 0.005 a 1.4 a. 98. N-Nitrosodiphenylamine 86306 5.0 a,c,s 16 a,c,t. 99. Phenanthrene 85018 100. Pyrene 129000 960 a 11,000 a. 101. 1,2,4-Trichlorobenzene 120821 102. Aldrin 309002 3 g 1.3 g 0.00013 a,c 0.00014 a,c. 103. alpha-BHC 319846 0.0039 a,c 0.013 a,c. 104. beta-BHC 319857 0.014 a,c 0.046 a,c. 105. gamma-BHC 58899 0.95 w 0.16 g 0.019 c 0.063 c. 106. delta-BHC 319868 107. Chlordane 57749 2.4 g 0.0043 g 0.09 g 0.004 g 0.00057 a,c 0.00059 a,c. 108. 4,4′-DDT 50293 1.1 g 0.001 g 0.13 g 0.001 g 0.00059 a,c 0.00059 a,c. 109. 4,4′-DDE 72559 0.00059 a,c 0.00059 a,c. 110. 4,4′-DDD 72548 0.00083 a,c 0.00084 a,c. 111. Dieldrin 60571 0.24 w 0.056 w 0.71 g 0.0019 g 0.00014 a,c 0.00014 a,c. 112. alpha-Endosulfan 959988 0.22 g 0.056 g 0.034 g 0.0087 g 110 a 240 a. 113. beta-Endosulfan 33213659 0.22 g 0.056 g 0.034 g 0.0087 g 110 a 240 a. 114. Endosulfan Sulfate 1031078 110 a 240 a. 115. Endrin 72208 0.086 w 0.036 w 0.037 g 0.0023 g 0.76 a 0.81 a,j. 116. Endrin Aldehyde 7421934 0.76 a 0.81 a,j. 117. Heptachlor 76448 0.52 g 0.0038 g 0.053 g 0.0036 g 0.00021 a,c 0.00021 a,c. 118. Heptachlor Epoxide 1024573 0.52 g 0.0038 g 0.053 g 0.0036 g 0.00010 a,c 0.00011 a,c. 119-125. Polychlorinated biphenyls (PCBs) 0.014 u 0.03 u 0.00017 c,v 0.00017 c,v. 126. Toxaphene 8001352 0.73 0.0002 0.21 0.0002 0.00073 a,c 0.00075 a,c. Total Number of Criteria h 22 21 22 20 92 90. Footnotes to Table in Paragraph (b)(1) a. Criteria revised to reflect the Agency q1* or RfD, as contained in the Integrated Risk Information System (IRIS) as of October 1, 1996. The fish tissue bioconcentration factor (BCF) from the 1980 documents was retained in each case. b. Criteria apply to California waters except for those waters subject to objectives in Tables III-2A and III-2B of the San Francisco Regional Water Quality Control Board's (SFRWQCB) 1986 Basin Plan that were adopted by the SFRWQCB and the State Water Resources Control Board, approved by EPA, and which continue to apply. For copper and nickel, criteria apply to California waters except for waters south of Dumbarton Bridge in San Francisco Bay that are subject to the objectives in the SFRWQCB's Basin Plan as amended by SFRWQCB Resolution R2-2002-0061, dated May 22, 2002, and approved by the State Water Resources Control Board. EPA approved the aquatic life site-specific objectives on January 21, 2003. The copper and nickel aquatic life site-specific objectives contained in the amended Basin Plan apply instead. c. Criteria are based on carcinogenicity of 10 (−6) risk. d. Criteria Maximum Concentration (CMC) equals the highest concentration of a pollutant to which aquatic life can be exposed for a short period of time without deleterious effects. Criteria Continuous Concentration (CCC) equals the highest concentration of a pollutant to which aquatic life can be exposed for an extended period of time (4 days) without deleterious effects. ug/L equals micrograms per liter. e. Freshwater aquatic life criteria for metals are expressed as a function of total hardness (mg/L) in the water body. The equations are provided in matrix at paragraph (b)(2) of this section. Values displayed above in the matrix correspond to a total hardness of 100 mg/l. f. Freshwater aquatic life criteria for pentachlorophenol are expressed as a function of pH, and are calculated as follows: Values displayed above in the matrix correspond to a pH of 7.8. CMC = exp(1.005(pH)−4.869). CCC = exp(1.005(pH)−5.134). g. This criterion is based on 304(a) aquatic life criterion issued in 1980, and was issued in one of the following documents: Aldrin/Dieldrin (EPA 440/5-80-019), Chlordane (EPA 440/5-80-027), DDT (EPA 440/5-80-038), Endosulfan (EPA 440/5-80-046), Endrin (EPA 440/5-80-047), Heptachlor (440/5-80-052), Hexachlorocyclohexane (EPA 440/5-80-054), Silver (EPA 440/5-80-071). The Minimum Data Requirements and derivation procedures were different in the 1980 Guidelines than in the 1985 Guidelines. For example, a “CMC” derived using the 1980 Guidelines was derived to be used as an instantaneous maximum. If assessment is to be done using an averaging period, the values given should be divided by 2 to obtain a value that is more comparable to a CMC derived using the 1985 Guidelines. h. These totals simply sum the criteria in each column. For aquatic life, there are 23 priority toxic pollutants with some type of freshwater or saltwater, acute or chronic criteria. For human health, there are 92 priority toxic pollutants with either “water + organism” or “organism only” criteria. Note that these totals count chromium as one pollutant even though EPA has developed criteria based on two valence states. In the matrix, EPA has assigned numbers 5a and 5b to the criteria for chromium to reflect the fact that the list of 126 priority pollutants includes only a single listing for chromium. i. Criteria for these metals are expressed as a function of the water-effect ratio, WER, as defined in paragraph (c) of this section. CMC = column B1 or C1 value × WER; CCC = column B2 or C2 value × WER. j. No criterion for protection of human health from consumption of aquatic organisms (excluding water) was presented in the 1980 criteria document or in the 1986 Quality Criteria for Water. Nevertheless, sufficient information was presented in the 1980 document to allow a calculation of a criterion, even though the results of such a calculation were not shown in the document. k. The CWA 304(a) criterion for asbestos is the MCL. l. [Reserved] m. These freshwater and saltwater criteria for metals are expressed in terms of the dissolved fraction of the metal in the water column. Criterion values were calculated by using EPA's Clean Water Act 304(a) guidance values (described in the total recoverable fraction) and then applying the conversion factors in § 131.36(b)(1) and (2). n. EPA is not promulgating human health criteria for these contaminants. However, permit authorities should address these contaminants in NPDES permit actions using the State's existing narrative criteria for toxics. o. These criteria were promulgated for specific waters in California in the National Toxics Rule (“NTR”), at § 131.36. The specific waters to which the NTR criteria apply include: Waters of the State defined as bays or estuaries and waters of the State defined as inland, i.e., all surface waters of the State not ocean waters. These waters specifically include the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta. This section does not apply instead of the NTR for this criterion. p. A criterion of 20 ug/l was promulgated for specific waters in California in the NTR and was promulgated in the total recoverable form. The specific waters to which the NTR criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to the mouth of the Merced River. This section does not apply instead of the NTR for this criterion. The State of California adopted and EPA approved a site specific criterion for the San Joaquin River, mouth of Merced to Vernalis; therefore, this section does not apply to these waters. q. This criterion is expressed in the total recoverable form. This criterion was promulgated for specific waters in California in the NTR and was promulgated in the total recoverable form. The specific waters to which the NTR criterion applies include: Waters of the San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of Salt Slough, Mud Slough (north) and the San Joaquin River, Sack Dam to Vernalis. This criterion does not apply instead of the NTR for these waters. This criterion applies to additional waters of the United States in the State of California pursuant to 40 CFR 131.38(c). The State of California adopted and EPA approved a site-specific criterion for the Grassland Water District, San Luis National Wildlife Refuge, and the Los Banos State Wildlife Refuge; therefore, this criterion does not apply to these waters. r. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the State defined as bays or estuaries including the Sacramento-San Joaquin Delta within California Regional Water Board 5, but excluding the San Francisco Bay. This section does not apply instead of the NTR for these criteria. s. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the Sacramento-San Joaquin Delta and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) that include a MUN use designation. This section does not apply instead of the NTR for these criteria. t. These criteria were promulgated for specific waters in California in the NTR. The specific waters to which the NTR criteria apply include: Waters of the State defined as bays and estuaries including San Francisco Bay upstream to and including Suisun Bay and the Sacramento-San Joaquin Delta; and waters of the State defined as inland (i.e., all surface waters of the State not bays or estuaries or ocean) without a MUN use designation. This section does not apply instead of the NTR for these criteria. u. PCBs are a class of chemicals which include aroclors 1242, 1254, 1221, 1232, 1248, 1260, and 1016, CAS numbers 53469219, 11097691, 11104282, 11141165, 12672296, 11096825, and 12674112, respectively. The aquatic life criteria apply to the sum of this set of seven aroclors. v. This criterion applies to total PCBs, e.g., the sum of all congener or isomer or homolog or aroclor analyses. w. This criterion has been recalculated pursuant to the 1995 Updates: Water Quality Criteria Documents for the Protection of Aquatic Life in Ambient Water, Office of Water, EPA-820-B-96-001, September 1996. See also Great Lakes Water Quality Initiative Criteria Documents for the Protection of Aquatic Life in Ambient Water, Office of Water, EPA-80-B-95-004, March 1995. x. The State of California has adopted and EPA has approved site-specific criteria for the Sacramento River (and tributaries) above Hamilton City; therefore, these criteria do not apply to these waters. y. The State of California adopted and EPA approved a site-specific criterion for New Alamo Creek from Old Alamo Creek to Ulatis Creek and for Ulatis Creek from Alamo Creek to Cache Slough; therefore, this criterion does not apply to these waters. z. The State of California adopted and EPA approved a site-specific criterion for the Los Angeles River and its tributaries; therefore, this criterion does not apply to these waters. General Notes to Table in Paragraph (b)(1) 1. The table in this paragraph (b)(1) lists all of EPA's priority toxic pollutants whether or not criteria guidance are available. Blank spaces indicate the absence of national section 304(a) criteria guidance. Because of variations in chemical nomenclature systems, this listing of toxic pollutants does not duplicate the listing in appendix A to 40 CFR part 423-126 Priority Pollutants. EPA has added the Chemical Abstracts Service (CAS) registry numbers, which provide a unique identification for each chemical. 2. The following chemicals have organoleptic-based criteria recommendations that are not included on this chart: zinc, 3-methyl-4-chlorophenol. 3. Freshwater and saltwater aquatic life criteria apply as specified in paragraph (c)(3) of this section.
    [FR Doc. 2017-25706 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 170818784-7784-01] RIN 0648-XF641 Fisheries of the Northeastern United States; Atlantic Surfclam and Ocean Quahog Fishery; Proposed 2018-2020 Fishing Quotas AGENCY:

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

    ACTION:

    Proposed rule; request for comments.

    SUMMARY:

    NMFS proposes status quo commercial quotas for the Atlantic surfclam and ocean quahog fisheries for 2018 and projected status quo quotas for 2019 and 2020. This action is necessary to establish allowable harvest levels of Atlantic surfclams and ocean quahogs that will prevent overfishing and allow harvesting of optimum yield. This action would also continue to suspend the minimum shell size for Atlantic surfclams for the 2018 fishing year. The intended effect of this action is to provide benefit to the industry from stable quotas to maintain a consistent market.

    DATES:

    Comments must be received by December 26, 2017.

    ADDRESSES:

    You may submit comments, identified by NOAA-NMFS-2017-0118, by any of the following methods:

    Federal e-Rulemaking Portal. Go to www.regulations.gov, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to John K. Bullard, Regional Administrator, NMFS, Greater Atlantic Regional Fisheries Office, 55 Great Republic Drive, Gloucester, MA 01930. Mark the outside of the envelope: “Comments on the 2018-2020 Surflcam/Ocean Quahog Specifications.”

    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 part of the public record and will generally be posted to www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publically accessible. Do not submit confidential business information or otherwise sensitive or protected information. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, or Adobe PDF file formats only.

    Copies of the Environmental Assessment (EA), Supplemental Information Request (SIR), and other supporting documents for these proposed specifications are available from the Mid-Atlantic Fishery Management Council, 800 North State Street, Suite 201, Dover, DE 19901.

    FOR FURTHER INFORMATION CONTACT:

    Erin Wilkinson, Fishery Management Specialist, 301-427-8561.

    SUPPLEMENTARY INFORMATION:

    The Atlantic Surfclam and Ocean Quahog Fishery Management Plan (FMP) requires that NMFS, in consultation with the Mid-Atlantic Fishery Management Council, specify quotas for surfclam and ocean quahog for up to a three-year period, with annual review. It is the policy of the Council that the catch limit selected allow for sustainable fishing to continue at that level for at least 10 years for surfclams, and 30 years for ocean quahogs. In addition to this, the Council policy also considers the economic impact of the quotas. Regulations implementing Amendment 10 to the FMP (63 FR 27481; May 19, 1998) added Maine ocean quahogs (locally known as Maine mahogany quahogs) to the management unit and provided for a small artisanal fishery for ocean quahogs in the waters north of 43°50′ N. lat, with an annual quota within a range of 17,000 to 100,000 Maine bu (0.6 to 3.52 million L). As specified in Amendment 10, the Maine ocean quahog quota is allocated separately from the quota specified for the ocean quahog fishery. Regulations implementing Amendment 13 to the FMP (68 FR 69970; December 16, 2003) established the authority to propose multi-year quotas with an annual quota review to be conducted by the Council to determine if the multi-year quota specifications remain appropriate for each year. NMFS then publishes the annual final quotas in the Federal Register. The fishing quotas must ensure overfishing will not occur. In recommending these quotas, the Council considered the most recent stock assessments and other relevant scientific information.

    In June 2017, the Council voted to recommend maintaining for 2018-2020 the status quo quota levels of 5.33 million bu (288 million L) for the ocean quahog fishery, 3.40 million bu (181 million L) for the Atlantic surfclam fishery, and 100,000 Maine bu (3.52 million L) for the Maine ocean quahog fishery.

    We propose to implement the Council's recommended specifications for 2018 and project that the Council's recommended specifications for 2019 and 2020 will be implemented in those years. Because the Council will review available information in the interim years and adjustments to quotas may occur to account for annual catch limit (ACL) overages, the 2019 and 2020 quotas proposed are considered the projected specifications. We will provide notice in the Federal Register before the 2019 and 2020 fishing years announcing the final quotas being implemented.

    Tables 1 and 2 show proposed and projected quotas for the 2018-2020 Atlantic surfclam and ocean quahog fishery.

    Table 1—Proposed Atlantic Surfclam Measures Atlantic surfclam Year Allowable
  • biological
  • catch (ABC)
  • (mt)
  • Annual catch limit (ACL)
  • (mt)
  • Annual catch
  • target (ACT)
  • (mt)
  • Commercial quota
    2017 (current) 44,469 44,469 29,364 3.4 million bushels (181 million L). 2018 29,363 29,363 29,363 3.4 million bushels (181 million L). 2019-2020 (Projected) 29,363 29,363 29,363 3.4 million bushels (181 million L).
    Table 2—Proposed Ocean Quahog Measures Ocean quahog Year ABC
  • (mt)
  • ACL
  • (mt)
  • ACT
  • (mt)
  • Commercial quota
    2017 (current) 26,100 26,100 26,035 Maine quota: 100,000 Maine bu (3.52 million L) Non-Maine quota: 5.33 million bu (288 million L). 2018 44,695 44,695 25,924 Maine quota: 100,000 Maine bu (3.52 million L) Non-Maine quota: 5.33 million bu (288 million L). 2019 (Projected) 46,146 46,146 25,924 Maine quota: 100,000 Maine bu (3.52 million L) Non-Maine quota: 5.33 million bu (288 million L). 2020 (Projected) 45,783 45,783 25,924 Maine quota: 100,000 Maine bu (3.52 million L) Non-Maine quota: 5.33 million bu (288 million L).

    The Atlantic surfclam and ocean quahog quotas are specified in “industry” bushels of 1.88 ft3 (53.24 L) per bushel, while the Maine ocean quahog quota is specified in Maine bushels of 1.24 ft3 (35.24 L) per bushel. Because Maine ocean quahogs are the same species as ocean quahogs, both fisheries are assessed under the same overfishing definition. When the two quota amounts (ocean quahog and Maine ocean quahog) are added, the total allowable harvest is below the level that would result in overfishing for the entire stock. The 2018-2020 quotas are nearly identical (within 100 mt) to those implemented in the 2014-2016 specifications, which were carried over for 2017.

    Surfclam

    The proposed 2018-2020 status quo surfclam quota was developed in June 2017 after reviewing the results of the Northeast Regional Stock Assessment Workshop (SAW) 61 for Atlantic surfclam. The surfclam quota recommendation is consistent with the SAW 61 finding that the Atlantic surfclam stock is not overfished, and overfishing is not occurring. Based on this information, the Council is recommending, and NMFS is proposing, to maintain the status quo surfclam quota of 3.40 million bu (181 million L) for 2018-2020 (see table 1).

    Ocean Quahog

    Consistent with the Council recommendation, we are proposing the following for ocean quahog. The proposed 2018-2020 non-Maine quota for ocean quahog is the status quo quota of 5.33 million bu (288 million L).

    The 2018-2020 proposed quota for Maine ocean quahogs is the status quo level of 100,000 Maine bu (3.52 million L). The proposed quota represents the maximum allowable quota under the FMP.

    Surfclam Minimum Size

    In June 2017, the Council voted to recommend that the minimum size limit for surfclams continue to be suspended for 2018. The minimum size limit has been suspended annually since 2005. Minimum size suspension may not be taken unless discard, catch, and biological sampling data indicate that 30 percent or more of the Atlantic surfclam resource have a shell length less than 4.75 inches (120 mm), and the overall reduced size is not attributable to harvest from beds where growth of the individual clams has been reduced because of density-dependent factors.

    Commercial surfclam data for 2017 were analyzed to determine the percentage of surfclams that were smaller than the minimum size requirement. The analysis indicated that 10.4 percent of the overall commercial landings, to date, were composed of surfclams that were less than the 4.75-inch (120-mm) default minimum size. Based on the information available, the Regional Administrator concurs with the Council's recommendation, and is proposing to suspend the minimum size limit for Atlantic surfclams in the upcoming fishing year (January 1 through December 31, 2018).

    Classification

    Pursuant to section 304(b)(1)(A) of the Magnuson-Stevens Act, the Assistant Administrator for Fisheries, NOAA, has determined that this proposed rule is consistent with the Atlantic Surfclam and Ocean Quahog FMP, other provisions of the Magnuson-Stevens Act, and other applicable law, subject to further consideration after public comment.

    This action does not introduce any new reporting, recordkeeping, or other compliance requirements. This proposed rule does not duplicate, overlap, or conflict with other Federal rules.

    This proposed rule is exempt from the requirements of E.O. 12866.

    This proposed rule is not expected to be an E.O. 13771 regulatory action because this proposed rule is not significant under E.O. 12866.

    The Chief Counsel for Regulation of the Department of Commerce certified to the Chief Counsel for Advocacy of the Small Business Administration 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 certification is as follows:

    For Regulatory Flexibility Analysis purposes only, NMFS has established a uniform size standard for small businesses, including their affiliates, whose primary industry is commercial fishing (see 50 CFR 200.2). A business primarily engaged in commercial fishing is classified as a small business if it is independently owned and operated, is not dominant in its field of operation (including its affiliates), and has combined annual receipts of less than $11 million for all its affiliated operations worldwide. In 2016, 349 fishing firms held at least one surfclam or ocean quahog permit. Using the $11 million cutoff for firms, there are 341 entities that are small and 8 that are large. In order to provide a more accurate count and description of the small directly regulated entities, landings data were evaluated to select only firms that were active in either the surfclam or the ocean quahog fishery. There are 24 active fishing firms, of which 22 are small entities and 2 are large entities.

    Because the proposed quotas are status quo, the action would have no impacts on the way the fishery operates. These measures are expected to provide similar fishing opportunities in 2018-2020 when compared to earlier years. As such, revenue changes are not expected in 2018-2020 when compared to landings and revenues in 2017. Therefore, adoption of the proposed specifications are not expected to have impacts on entities participating in the fishery if landings are similar to those that occurred in 2017.

    Maintaining the suspension of the surfclam minimum shell length requirement would result in no change when compared to 2014-2016. The minimum shell length requirement has been suspended each year since 2005. The proposed action would have no impact on the way the fishery operates, and is not expected to disproportionately affect small entities.

    As a result, an initial regulatory flexibility analysis is not required and none has been prepared.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: December 6, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Progams, National Marine Fisheries Service.
    [FR Doc. 2017-26577 Filed 12-8-17; 8:45 am] BILLING CODE 3510-22-P
    82 236 Monday, December 11, 2017 Notices DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS-2017-0096] Nuseed Americas Inc.; Availability of Petition for Determination of Nonregulated Status of Canola Genetically Engineered for Altered Oil Profile AGENCY:

    Animal and Plant Health Inspection Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Nuseed Americas Inc. (Nuseed) seeking a determination of nonregulated status of canola designated as event B0050-027, which has been genetically engineered to accumulate the long chain omega-3 fatty acid known as docosahexaenoic acid in seed. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Nuseed petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that the Animal and Plant Health Inspection Service may determine should be considered in our evaluation of the petition.

    DATES:

    We will consider all comments that we receive on or before February 9, 2018.

    ADDRESSES:

    You may submit comments by either of the following methods:

    Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0096.

    Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2017-0096, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.

    Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0096 or in our reading Room, which is located in Room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

    The petition is also available on the APHIS Web site at: http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under APHIS petition 17-236-01p.

    FOR FURTHER INFORMATION CONTACT:

    Dr. John Turner, Director, Environmental Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; (301) 851-3954; email: [email protected] To obtain copies of the petition, contact Ms. Cindy Eck at (301) 851-3892, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), the regulations in 7 CFR part 340, “Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant Pests or Which There Is Reason to Believe Are Plant Pests,” regulate, among other things, the introduction (importation, interstate movement, or release into the environment) of organisms and products altered or produced through genetic engineering that are plant pests or that there is reason to believe are plant pests. Such genetically engineered (GE) organisms and products are considered “regulated articles.”

    The regulations in § 340.6(a) provide that any person may submit a petition to the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of § 340.6 describe the form that a petition for a determination of nonregulated status must take and the information that must be included in the petition.

    APHIS has received a petition (APHIS Petition Number 17-236-01p) from Nuseed Americas Inc. (Nuseed), seeking a determination of nonregulated status of canola (Brassica spp.) designated as event B0050-027, which has been genetically engineered to accumulate the long chain omega-3 fatty acid known as docosahexaenoic acid (DHA) in seed. The Nuseed petition states that information collected during field trials and laboratory analyses indicates that B0050-027 canola is not likely to be a plant pest and therefore should not be a regulated article under APHIS' regulations in 7 CFR part 340.

    As described in the petition, B0050-027 canola was developed through Agrobacterium tumefaciens-mediated transformation of canola cultivar AV Jade with binary vector pJP3416_GA7-ModB. Characterization of the DHA canola event revealed two DNA inserts which matched the reference of the vector. The expressed DHA pathway enzymes are very low in concentration and are only expressed in the seed, and the agronomic properties of the event are no different than AV Jade. B0050-027 canola is currently regulated under 7 CFR part 340. Interstate movements and field tests of B0050-027 canola have been conducted under notifications acknowledged by APHIS.

    Field tests conducted under APHIS oversight allowed for evaluation in a natural agricultural setting while imposing measures to minimize the likelihood of persistence in the environment after completion of the tests. Data are gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk.

    Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the Federal Register providing 60 days for public comment for petitions for a determination of nonregulated status. On March 6, 2012, we published in the Federal Register (77 FR 13258-13260, Docket No. APHIS-2011-0129) a notice 1 describing our process for soliciting public comment when considering petitions for determinations of nonregulated status for GE organisms. In that notice we indicated that APHIS would accept written comments regarding a petition once APHIS deemed it complete.

    1 To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.

    In accordance with § 340.6(d) of the regulations and our process for soliciting public input when considering petitions for determinations of nonregulated status for GE organisms, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review and comment, and copies are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments.

    After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. Any substantive issues identified by APHIS based on our review of the petition and our evaluation and analysis of comments will be considered in the development of our decision-making documents. As part of our decision-making process regarding a GE organism's regulatory status, APHIS prepares a plant pest risk assessment to assess its plant pest risk and the appropriate environmental documentation—either an environmental assessment (EA) or an environmental impact statement (EIS)—in accordance with the National Environmental Policy Act (NEPA), to provide the Agency with a review and analysis of any potential environmental impacts associated with the petition request. For petitions for which APHIS prepares an EA, APHIS will follow our published process for soliciting public comment (see footnote 1) and publish a separate notice in the Federal Register announcing the availability of APHIS' EA and plant pest risk assessment.

    Should APHIS determine that an EIS is necessary, APHIS will complete the NEPA EIS process in accordance with Council on Environmental Quality regulations (40 CFR part 1500-1508) and APHIS' NEPA implementing regulations (7 CFR part 372).

    Authority:

    7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 5th day of December 2017. Kevin Shea, Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 2017-26584 Filed 12-8-17; 8:45 am] BILLING CODE 3410-34-P
    COMMISSION ON CIVIL RIGHTS Notice of Public Meeting of the Arizona Advisory Committee AGENCY:

    U.S. Commission on Civil Rights.

    ACTION:

    Announcement of meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meetings of the Arizona Advisory Committee (Committee) to the Commission will be held at 12:00 p.m. (Mountain Time) Monday, December 18, 2017, and 12:00 p.m. (Mountain Time), Wednesday, January 17, 2018. The purpose of the meetings is for the Committee to discuss logistics for March 9, 2018 briefing on voting rights.

    DATES:

    The meeting will be held on Monday, December 18, 2017, at 12:00 p.m. MT, and on Wednesday, January 17, 2018, at 12:00 p.m. MT.

    ADDRESSES:

    Public call information:

    Dial: 866-290-0883.

    Conference ID: 2510813.

    FOR FURTHER INFORMATION CONTACT:

    Ana Victoria Fortes (DFO) at [email protected] or (213) 894-3437.

    SUPPLEMENTARY INFORMATION:

    This meetings are available to the public through the following toll-free call-in number: 866-290-0883, conference ID number: 2510813. Any interested member of the public may call this number and listen to the meetings. Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number. Persons with hearing impairments may also follow the proceedings by first calling the Federal Relay Service at 1-800-877-8339 and providing the Service with the conference call number and conference ID number.

    Members of the public are entitled to make comments during the open period at the end of the meetings. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (213) 894-0508, or emailed Ana Victoria Fortes at [email protected] Persons who desire additional information may contact the Regional Programs Unit at (213) 894-3437.

    Records and documents discussed during the meeting will be available for public viewing prior to and after the meetings at https://facadatabase.gov/committee/meetings.aspx?cid=235.

    Please click on the “Meeting Details” and “Documents” links. Records generated from these meetings may also be inspected and reproduced at the Regional Programs Unit, as they become available, both before and after the meetings. Persons interested in the work of this Committee are directed to the Commission's Web site, https://www.usccr.gov, or may contact the Regional Programs Unit at the above email or street address.

    Agenda I. Welcome II. Approval of minutes from previous meeting III. Discuss Potential Speakers IV. Next Steps V. Adjournment

    Exceptional Circumstance: Pursuant to 41 CFR 102-3.150, the notice for the December 18, 2017, meeting is given less than 15 calendar days prior to the meeting because of the exceptional circumstance of the committee needing to plan a briefing on voting rights to satisfy the U.S. Commission on Civil Rights' 2018 Statutory Enforcement report timeline.

    Dated: December 6, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-26581 Filed 12-8-17; 8:45 am] BILLING CODE 6335-01-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security In the Matter of: Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a Shahi, a/k/a Shantia Haas, a/k/a Sean Haas, 6041 Weeping Banyan Lane, Woodland Hills, CA 91367; Amended Order Denying Export Privileges

    On December 12, 2016, in the U.S. District Court for the District of Columbia, Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a Shahi, a/k/a Shantia Haas, a/k/a Sean Haas (“Hassanshahi”) was convicted of violating the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)) (“IEEPA”). Specifically, Hassanshahi was convicted of willfully conspiring to export and cause the export of goods and technology from Canada to Iran, as well as services related thereto from the United States to Iran, without the required license from the U.S. Department of the Treasury's Office of Foreign Assets Control. Hassanshahi was sentenced to 12 months in prison, one year of supervised release, 100 hours of community service, and a $100 assessment.

    On September 28, 2017, I issued an order denying Hassanshahi's export privileges, pursuant to Section 766.25 of the Export Administration Regulations (“EAR” or “Regulations”), for a period of five (5) years from the date his conviction.1 In addition, pursuant to Section 750.8 of the Regulations, the order also revoked any licenses issued pursuant to the Act or Regulations in which Hassanshahi had an interest at the time of his conviction.

    1 The Regulations are currently codified in the Code of Federal Regulations at 15 CFR parts 730-774 (2017). The Regulations issued pursuant to the Export Administration Act (50 U.S.C. 4601-4623 (Supp. III 2015) (available at http://uscode.house.gov)) (“EAA” or “the Act”). Since August 21, 2001, the Act has been in lapse and the President, through Executive Order 13222 of August 17, 2001 (3 CFR, 2001 Comp. 783 (2002)), which has been extended by successive Presidential Notices, the most recent being that of August 15, 2017 (82 FR 39005 (Aug. 16, 2017)), has continued the Regulations in effect under the International Emergency Economic Powers Act (50 U.S.C. 1701, et seq. (2012)).

    Prior to issuance of the September 28, 2017 order, the Bureau of Industry and Security (“BIS”), in accordance with Section 766.25 of the Regulations, provided Hassanshahi notice of the proposed action and an opportunity to make a written submission opposing it. Notice was provided using the prison address for Hassanshahi, who received the notice letter on or about July 22, 2017, more than two months prior to the order's issuance. BIS did not receive a submission or other response to the Notice from Hassanshahi. The September 28, 2017 order—which issued based upon my review of the facts available to BIS at the time and my consultations with BIS's Office of Export Enforcement, including its Director—listed Hassanshahi's prison address as his last known address.

    Following issuance of the September 28, 2017 order, BIS sought to send a copy of it to Hassanshahi at his prison address via first class mail. However, the package was returned to BIS, as it apparently arrived at the prison at or about the time Hassanshahi was being released. BIS has subsequently obtained updated information indicating that Hassanshahi's current address is 6041 Weeping Banyan Lane, Woodland Hills, CA 91367. Thus, the September 28, 2017 order needs to be amended to include the updated address information for purposes of the denial of Hassanshahi's export privileges. In addition, as set forth below, this amended order shall be delivered to Hassanshahi at his current address in Woodland Hills, California, and shall be published in the Federal Register.

    Accordingly, it is hereby ordered:

    First, from the date of this Order until December 12, 2021, Shantia Hassanshahi, a/k/a Shantia Hassan Shahi, a/k/a Shahi, a/k/a Shantia Haas, a/k/a Sean Haas, with a last known address of 6041 Weeping Banyan Lane, Woodland Hills, CA 91367, and when acting for or on his behalf, his successors, assigns, employees, agents or representatives (“the Denied Person”), may not, directly or indirectly, participate in any way in any transaction involving any commodity, software or technology (hereinafter collectively referred to as “item”) exported or to be exported from the United States that is subject to the Regulations, including, but not limited to:

    A. Applying for, obtaining, or using any license, license exception, or export control document;

    B. Carrying on negotiations concerning, or ordering, buying, receiving, using, selling, delivering, storing, disposing of, forwarding, transporting, financing, or otherwise servicing in any way, any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or engaging in any other activity subject to the Regulations; or

    C. Benefitting in any way from any transaction involving any item exported or to be exported from the United States that is subject to the Regulations, or from any other activity subject to the Regulations.

    Second, no person may, directly or indirectly, do any of the following:

    A. Export or reexport to or on behalf of the Denied Person any item subject to the Regulations;

    B. Take any action that facilitates the acquisition or attempted acquisition by the Denied Person of the ownership, possession, or control of any item subject to the Regulations that has been or will be exported from the United States, including financing or other support activities related to a transaction whereby the Denied Person acquires or attempts to acquire such ownership, possession or control;

    C. Take any action to acquire from or to facilitate the acquisition or attempted acquisition from the Denied Person of any item subject to the Regulations that has been exported from the United States;

    D. Obtain from the Denied Person in the United States any item subject to the Regulations with knowledge or reason to know that the item will be, or is intended to be, exported from the United States; or

    E. Engage in any transaction to service any item subject to the Regulations that has been or will be exported from the United States and which is owned, possessed or controlled by the Denied Person, or service any item, of whatever origin, that is owned, possessed or controlled by the Denied Person if such service involves the use of any item subject to the Regulations that has been or will be exported from the United States. For purposes of this paragraph, servicing means installation, maintenance, repair, modification or testing.

    Third, after notice and opportunity for comment as provided in Section 766.23 of the Regulations, any other person, firm, corporation, or business organization related to Hassanshahi by ownership, control, position of responsibility, affiliation, or other connection in the conduct of trade or business may also be made subject to the provisions of this Order in order to prevent evasion of this Order.

    Fourth, in accordance with Part 756 of the Regulations, Hassanshahi may file an appeal of this Order with the Under Secretary of Commerce for Industry and Security. The appeal must be filed within 45 days from the date of this Order and must comply with the provisions of Part 756 of the Regulations.

    Fifth, a copy of this Order shall be delivered to Hassanshahi, and shall be published in the Federal Register.

    Sixth, this Order is effective immediately and shall remain in effect until December 12, 2021.

    Issued this 4th day of December, 2017. Karen H. Nies-Vogel, Director, Office of Exporter Services.
    [FR Doc. 2017-26564 Filed 12-8-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-026, C-570-027] Certain Corrosion-Resistant Steel Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that imports of certain corrosion-resistant steel products (CORE), produced in the Socialist Republic of Vietnam (Vietnam) using carbon hot-rolled steel (HRS) or cold-rolled steel (CRS) flat products manufactured in the People's Republic of China (PRC), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CORE from the PRC.

    DATE:

    Applicable December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Nancy Decker or Mark Hoadley, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-0196 or (202) 482-3148, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    Certain domestic interested parties, Steel Dynamics, Inc. (SDI), California Steel Industries (CSI), ArcelorMittal USA LLC (AMUSA), Nucor Corporation (Nucor), United States Steel Corporation, and AK Steel Corporation (collectively, the domestic parties), filed submissions 1 alleging that imports of CORE from Vietnam made from HRS or CRS sourced from the PRC and exported to the United States as CORE of Vietnamese origin are circumventing the CORE Orders. 2 In their submissions, domestic parties requested the Department initiate anti-circumvention inquiries pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the PRC-origin HRS or CRS substrate input for finishing into CORE in Vietnam and subsequent sale of that CORE to the United States constitutes circumvention of the CORE Orders.

    1See Domestic Parties' Letter, “Certain Cold-Rolled Steel Flat Products from China: Request for Circumvention Ruling,” dated September 22, 2016 (Circumvention Ruling Request September 22, 2017), and Petitioners' Letter, “Certain Cold-Rolled Steel Flat Products from the People's Republic of China—Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930,” dated September 23, 2016 (Circumvention Ruling Request September 27, 2017).

    2See Certain Corrosion-Resistant Steel Products from India, Italy, the People's Republic of China, the Republic of Korea and Taiwan: Amended Final Affirmative Antidumping Determination for India and Taiwan, and Antidumping Duty Orders, 81 FR 48390 (July 25, 2016), and Certain Corrosion-Resistant Steel Products from India, Italy, Republic of Korea and the People's Republic of China: Countervailing Duty Order, 81 FR 48387 (July 25, 2016) (collectively CORE Orders).

    On November 14, 2016, the Department published the notice of initiation of anti-circumvention inquiries on imports of CORE from Vietnam.3 On August 29, 2017, the Department postponed the final determination of these inquiries and the revised final deadlines are now February 15, 2018.4 For a complete description of the events that followed the initiation of these inquiries, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    3See Certain Corrosion-Resistant Steel Products from the People's Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 79454 (November 14, 2016) (Initiation Notice).

    4See Letter, “Certain Corrosion-Resistant Steel Products (CORE) from the People's Republic of China (PRC): Extension of Anti-Circumvention Final Determinations,” August 29, 2017.

    5See Memorandum, “Decision Memorandum for the Preliminary Determinations in the Anti-Circumvention Inquiries of Certain Corrosion-Resistant Steel Products from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Orders

    The products covered by these orders are certain flat-rolled steel products, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished, laminated, or coated with plastics or other non-metallic substances in addition to the metallic coating. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum.6

    6Id.

    Scope of the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover CORE produced in Vietnam from HRS or CRS substrate input manufactured in the PRC and subsequently exported from Vietnam to the United States (inquiry merchandise). These preliminary rulings apply to all shipments of inquiry merchandise on or after the date of the initiation of these inquiries. Importers and exporters of CORE produced in Vietnam using (1) HRS manufactured in Vietnam or third countries, (2) CRS manufactured in Vietnam using HRS produced in Vietnam or third countries, or (3) CRS manufactured in third countries, must certify that the HRS or CRS processed into CORE in Vietnam did not originate in the PRC, as provided for in the certifications attached to the Federal Register notice. Otherwise, their merchandise may be subject to antidumping and countervailing duties if the Department makes affirmative final determinations in these inquiries.

    Methodology

    The Department is conducting these anti-circumvention inquiries in accordance with section 781(b) of the Act. Because Vietnam and the PRC 7 are non-market economy countries, within the meaning of section 771(18) of the Act, the Department has calculated the value of certain processing and merchandise using factors of production and market economy values, as discussed in section 773(c) of the Act. For a full description of the methodology underlying the Department's preliminary determination, see the Preliminary Decision Memorandum.

    7See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017) citing Memorandum to Gary Taverman, “China's Status as a Non-Market Economy,” dated October 26, 2017. See also Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 81 FR 24797 (October 14, 2016) (unchanged in Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 18611 (April 20, 2017)).

    Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we preliminarily determine that CORE produced in Vietnam from HRS or CRS sourced from the PRC is circumventing the CORE Orders. We therefore preliminarily determine that it is appropriate to include this merchandise within the CORE Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of CORE from Vietnam produced from HRS or CRS from the PRC.

    Suspension of Liquidation

    As stated above, the Department has made a preliminary affirmative finding of circumvention of the CORE Orders by exports to the United States of CORE produced in Vietnam from PRC-origin HRS or CRS. This circumvention finding applies to CORE produced by any Vietnamese company from PRC-origin HRS or CRS substrate input. In accordance with section 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CORE produced in Vietnam from PRC-origin HRS or CRS that were entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of initiation of the anti-circumvention inquiry.

    The suspension of liquidation instructions will remain in effect until further notice. The Department will instruct CBP to require AD cash deposits equal to the rate established for the PRC-wide entity (199.43 percent) and CVD cash deposits equal to the rate established for the PRC all-others rate (39.05 percent). In the underlying AD and CVD investigations, the Department relied on the rates calculated for the sole cooperative respondent in each investigation to determine the PRC-wide rate of 199.43 percent in the AD investigation and the all-others rate of 39.05 percent in the CVD investigation. The rates are thus based on the cost and sales data and subsidy benefits of Chinese producers.

    CORE produced in Vietnam from HRS or CRS that is not of PRC-origin is not subject to these inquiries. Therefore, cash deposits are not required for such merchandise. If an importer imports CORE from Vietnam and it claims that the CORE was not produced from HRS or CRS substrate manufactured in the PRC, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. Exporters of CORE produced from non-PRC origin HRS or CRS substrate must prepare and maintain an Exporter Certification and documentation supporting the Certification (see Appendix IV). In addition, importers of such CORE must prepare and maintain an Importer Certification (see Appendix III) as well as documentation supporting the Importer Certification. Besides the Importer Certification, the importer must also maintain a copy of an Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of CORE who did not use the PRC-origin HRS or CRS substrate.

    Verification

    As provided in 19 CFR 351.307, the Department intends to verify information relied upon in making its final determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in these anti-circumvention inquiries, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    8See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    International Trade Commission Notification

    The Department, consistent with section 781(e) of the Act, has notified the International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these anticircumvention inquiries within the CORE Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department's proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by the Department to provide written advice.

    Notification to Interested Parties

    These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: December 5, 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 I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Voluntary Respondent Treatment IV. Scope of the Orders V. Scope of the Anti-Circumvention Inquiries VI. Period of Review VII. Surrogate Countries and Methodology for Valuing Inputs from the PRC and Processing In Vietnam VIII. Statutory Framework IX. Statutory Analysis X. Country-Wide Determination XI. Certification for Not Using PRC-Origin HRS or CRS XII. Recommendation Appendix II Certification Requirements

    If an importer imports CORE from the Socialist Republic of Vietnam (Vietnam) and claims that the CORE was not produced from hot-rolled or cold-rolled steel substrate (substrate) manufactured in the People's Republic of China (PRC), the importer is required to complete and maintain the importer certification attached hereto as Appendix III. The importer and exporter are required to maintain the exporter certification attached hereto as Appendix IV. The importer certification must be completed, signed, and dated at the time of the entry of the CORE product. The exporter certification must be completed, signed, and dated at the time of shipment of the relevant entries. For shipments and/or entries on or after November 4, 2016, but before the publication of this notice in the Federal Register, for which certifications are required, importers and exporters should complete the required certification within 30 days of the publication of this notice in the Federal Register. The importer and Vietnamese exporter are also required to maintain sufficient documentation supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to CBP as part of the entry process. However, the importer and the exporter will be required to present the certifications and supporting documentation, to the Department and/or U.S. Customs and Border Protection (CBP), as applicable, upon request by the respective agency. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by the Department and/or CBP. The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. If it is determined that the certification and/or documentation requirements in a certification have not been met, the Department intends to instruct CBP to suspend, under the PRC CORE orders (A-570-026, C-570-027), all unliquidated entries for which these requirements were not met and require the importer to post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department of Commerce. Entries suspended under A-570-026 and C-570-027 will be liquidated pursuant to applicable administrative reviews of the PRC orders or through the automatic liquidation process.

    Appendix III Importer Certification

    I hereby certify that:

    • My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY};

    • I have direct personal knowledge of the facts regarding the importation of the corrosion-resistant steel products produced in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification;

    • I have personal knowledge of the facts regarding the production of the imported products covered by this certification;

    • These corrosion-resistant steel products produced in Vietnam do not contain hot-rolled or cold-rolled steel substrate produced in the People's Republic of China (PRC);

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy ofthis certification and sufficient documentation supporting this certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;

    • I understand that {INSERT NAME OF IMPORTING COMPANY}is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (the Department);

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries;

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain and provide a copy of the exporter's certification and supporting records, upon request, to CBP and/or the Department;

    • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or the Department;

    • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:

    ○ suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and

    ○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department;

    • I understand that agents of the importer, such as brokers, are not permitted to make this certification;

    • This certification was completed at the time of entry;

    • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.

    Signature NAME OF COMPANY OFFICIAL TITLE DATE
    Appendix IV Exporter Certification

    I hereby certify that:

    • My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY};

    • I have direct personal knowledge of the facts regarding the production and exportation of the corrosion-resistant steel products identified below;

    • These corrosion-resistant steel products produced in Vietnam do not contain hot-rolled or cold-rolled steel substrate produced in the People's Republic of China (PRC);

    • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of the this certification and sufficient documentation supporting this certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;

    • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer at the time of shipment;

    • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (the Department);

    • I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or the Department;

    • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:

    ○ suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and

    ○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department;

    • This certification was completed at or prior to the time of shipment.

    • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government;

    Signature NAME OF COMPANY OFFICIAL TITLE DATE
    [FR Doc. 2017-26606 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-533-874] Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From India: Final Affirmative Countervailing Duty Determination AGENCY:

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

    SUMMARY:

    The Department of Commerce (Department) determines that countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from India. The period of investigation is April 1, 2016, through March 31, 2017.

    DATES:

    Applicable December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ryan Mullen or Carrie Bethea, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202-482-5260 or 202-482-1491, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On September 25, 2017, the Department published the Preliminary Determination in the Federal Register.1

    1See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India: Preliminary Affirmative Countervailing Duty Determination, 82 FR 44558 (September 25, 2017) and accompanying Preliminary Decision Memorandum (Preliminary Determination).

    A summary of the events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the accompanying Issues and Decision Memorandum.2 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 https://access.trade.gov and 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. The signed and electronic versions of the Issues and Decision Memorandum are identical in content.

    2See Memorandum, “Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from India,” dated concurrently with this determination and hereby adopted by this notice (Issues and Decision Memorandum).

    Scope Comments

    In the Department's Preliminary Scope Decision Memorandum, we set aside a period of time for parties to raise issues regarding product coverage (i.e., scope) in scope case briefs or other written comments on scope issues.3 Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum. For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.4 See the scope in Appendix I to this notice.

    3See Memorandum, “Scope Comments Decision Memorandum for the Preliminary Determinations,” dated November 15, 2017 (Preliminary Scope Decision Memorandum).

    4See Memorandum, “Scope Comments Decision Memorandum for the Final Determinations,” dated December 4, 2017 (Final Scope Decision Memorandum).

    Scope of the Investigation

    The products covered by this investigation are cold-drawn mechanical tubing from India. For a complete description of the scope of this investigation, see “Scope of the Investigation,” in Appendix I of this notice.

    Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation, and the issues raised in the case and rebuttal briefs filed by the parties, are discussed in the Issues and Decision Memorandum. A list of the issues parties raised and to which we responded in the Issues and Decisions Memorandum, is attached to this notice at Appendix II.

    Verification

    The Department conducted verification of the questionnaire responses submitted by the Government of India, Goodluck India Limited (Goodluck), and Tube Investments of India Limited (Tube Investments) between October 23, and October 31, 2017.

    Use of Adverse Facts Available

    If necessary information is not available on the record, or an interested party withholds information, fails to provide requested information in a timely manner, significantly impedes a proceeding by not providing information, or information provided cannot be verified, the Department will apply facts available, pursuant to section 776(a)(1) and (2) of the Tariff Act of 1930, as amended (the Act). For purposes of this final determination, the Department relied, in part, on facts available and, because certain respondents did not cooperate by not acting to the best of their ability to respond to the Department's requests for information, we drew an adverse inference, where appropriate, in selecting from among the facts otherwise available.5 A full discussion of our decision to rely on adverse facts available is presented in the “Use of Facts Otherwise Available and Adverse Inferences” section of the Issues and Decision Memorandum.

    5See sections 776(a) and (b) of the Act.

    Changes Since the Preliminary Determination

    Based on our analysis of the comments received from parties and the minor corrections presented, as well as additional items discovered at verification, we made certain changes to the respondents' subsidy rate calculations set forth in the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and the Final Calculation Memoranda.6

    6See Issues and Decision Memorandum; see also Memorandum, “Final Determination Calculation for Goodluck India Limited,” dated December 4, 2017 (Goodluck Final Calculation Memorandum) and Memorandum, “Final Determination Calculation for Tube Investments of India Limited,” dated December 4, 2017 (Tube Investments Final Calculation Memorandum) (collectively, Final Calculation Memoranda).

    Final Determination

    In accordance with section 705(c)(1)(B)(i) of the Act, we calculated a rate for each exporter/producer of the subject merchandise individually investigated, i.e., Goodluck and Tube Investments. In accordance with section 705(c)(5)(A) of the Act, for companies not individually investigated, we apply an “all-others” rate, which is normally calculated by weighting the subsidy rates of the individual companies selected as mandatory respondents by those companies' exports of the subject merchandise to the United States. Under section 705(c)(5)(A)(i) of the Act, the “all-others” rate excludes zero and de minimis rates calculated for the exporters and producers individually investigated, as well as rates based entirely on facts otherwise available. Where the rates for the individually investigated companies are all zero or de minimis, or determined entirely using facts otherwise available, section 705(c)(5)(A)(ii) of the Act instructs the Department to establish an “all-others” rate using “any reasonable method.”

    In this investigation, the Department calculated individual countervailable subsidy rates for Goodluck and Tube Investments that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others rate using a weighted-average of the individual estimated subsidy rates calculated for the examined respondents using each company's publicly-ranged values for the merchandise under consideration.

    The final subsidy rates are as follows:

    Company Subsidy rate Goodluck India Limited 8.02 Tube Investments of India Limited 42.60 All-Others 22.41 Disclosure

    We intend to disclose the calculations performed within five days of the date of publication of this notice to parties in this proceeding in accordance with 19 CFR 351.224(b).

    Continuation of Suspension of Liquidation

    As a result of our Preliminary Determination and pursuant to section 703(d) of the Act, we instructed U.S. Customs and Border Protection (CBP) to suspend liquidation of any entries of merchandise under consideration from India that were entered, or withdrawn from warehouse, for consumption on or after September 25, 2017, which is the publication date in the Federal Register of the Preliminary Determination.

    If the U.S. International Trade Commission (ITC) issues a final affirmative injury determination, we will issue a countervailing duty order and will require a cash deposit of estimated countervailing duties for such entries of subject merchandise in the amounts indicated above. If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all estimated duties deposited or securities posted as a result of the suspension of liquidation will be refunded or canceled.

    U.S. International Trade Commission Notification

    In accordance with section 705(d) of the Act, we will notify the ITC of our determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Acting Assistant Secretary for Enforcement and Compliance.

    Notification Regarding Administrative Protective Orders

    This notice serves as a reminder to parties such to an APO of their responsibility concerning the disposition 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, alternatively, conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction.

    Notification to Interested Parties

    This determination is published pursuant to section 705(d) and 777(i) of the Act and 19 CFR 351.210(c).

    Dated: December 4, 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 I Scope of the Investigation

    The scope of this investigation covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical cold-drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include cold-rolling and cold-sizing the tubing.

    Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to:

    (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);

    (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613;

    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;

    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-6736;

    (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to:

    (a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2);

    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, EN 10305-6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.);

    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and

    (6) proprietary standards that are based on one of the above-listed standards.

    The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of these investigations when it meets the physical description set forth above.

    Steel products included in the scope of these investigations are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight.

    For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestructive testing, deburring or chamfering, remains within the scope of these investigations.

    All products that meet the written physical description are within the scope of these investigations unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigations even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of these investigations:

    (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight;

    (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below:

    • ASTM A-53;

    • ASTM A-106;

    • ASTM A-179 (ASME SA 179);

    • ASTM A-192 (ASME SA 192);

    • ASTM A-209 (ASME SA 209);

    • ASTM A-210 (ASME SA 210);

    • ASTM A-213 (ASME SA 213);

    • ASTM A-334 (ASME SA 334);

    • ASTM A-423 (ASME SA 423);

    • ASTM A-498;

    • ASTM A-496 (ASME SA 496);

    • ASTM A-199;

    • ASTM A-500;

    • ASTM A-556;

    • ASTM A-565;

    • API 5L; and

    • API 5CT

    except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of these investigations.

    The products subject to the investigations are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigations is dispositive.

    Appendix II List of Topics Discussed in the Final Decision Memo I. Summary II. Background III. Period of Investigation IV. Scope Comments V. Scope of the Investigation VI. Subsidies Valuation Information VII. Benchmarks and Interest Rates VIII. Use of Facts Otherwise Available and Adverse Inferences IX. Analysis of Programs X. Discussion of the Issues Comment 1: The Department's Application of AFA for the GOI's Failure to Provide Requested Information Comment 2: Whether AAP and DDB Programs are Countervailable Comment 3: The Department's Treatment of EPCGS Comment 4: The Department's Treatment of SHIS Comment 5: Whether the Benefit for MEIS is Determined at the Date of Issuance Comment 6: Whether the Deduction under 32-AC of the Income Tax Act is Countervailable Comment 7: The Department's Determination Regarding the Entry Tax Exemption for the Iron and Steel Industry in Uttar Pradesh Comment 8: The Denominator Used to Calculate Goodluck's DDB Exemption Comment 9: The Inclusion of Tube Investments' Non-Subject Merchandise in the Benefit Calculation for DDB Comment 10: The Department's Calculation Methodology for Tube Investments' EPCGS Benefits Comment 11: The Department's Application of AFA for Certain Unreported Subsidies Discovered at Tube Investments' Verification Comment 12: The Department's Calculation Methodology for the Income Tax for Research and Development Program Comment 13: The Department's Decision to Countervail Benefits for Tube Investments' Non-Subject Merchandise Comment 14: The Revised Sales and Subsidy Data Presented as Minor Corrections XI. Conclusion
    [FR Doc. 2017-26609 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-059] Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel From the People's Republic of China: Final Affirmative Determination, and Final Affirmative Determination of Critical Circumstances, in Part AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) determines that countervailable subsidies are being provided to producers and exporters of certain cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) from the People's Republic of China (PRC), as provided in section 705 of the Tariff Act of 1930 (the Act). The period of investigation is January 1, 2016, through December 31, 2016. For more information on the estimated subsidy rates, see the “Final Determination” section of this notice.

    DATES:

    Applicable December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Shanah Lee at (202) 482-6386 or Alex Rosen at (202) 482-7814, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.

    Background

    The Department published the Preliminary Determination on September 25, 2017.1 A summary of events that occurred since the Department published the Preliminary Determination, as well as a full discussion of the issues raised by parties for this final determination, may be found in the Issues and Decision Memorandum.2 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 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/. The signed Issues and Decision Memorandum and the electronic version are identical in content.

    1See Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China: Preliminary Affirmative Countervailing Duty Determination, 82 FR 44562 (September 25, 2017) (Preliminary Determination).

    2See Memorandum, “Issues and Decision Memorandum for the Final Determination in the Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Issues and Decision Memorandum).

    Scope of the Investigation

    The product covered by this investigation is cold-drawn mechanical tubing from the PRC. For a complete description of the scope of this investigation, see Appendix I of this notice.

    Scope Comments

    In the Department's Preliminary Scope Decision Memorandum, we set aside a period of time for parties to raise issues regarding product coverage (i.e., scope) in scope case briefs or other written comments on scope issues.3 Certain interested parties commented on the scope of the investigation as it appeared in the Preliminary Scope Decision Memorandum. For a summary of the product coverage comments and rebuttal responses submitted to the record for this final determination, and accompanying discussion and analysis of all comments timely received, see the Final Scope Decision Memorandum.4 See the scope in Appendix I to this notice.

    3Seeemorandum, “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Scope Comments Decision Memorandum for the Preliminary Determinations” dated November 15, 2017 (Preliminary Scope Decision Memorandum).

    4See Memorandum, “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the Federal Republic of Germany, India, Italy, the Republic of Korea, the People's Republic of China, and Switzerland: Scope Comments Decision Memorandum for the Final Determination” (Final Scope Decision Memorandum), dated concurrently with this final determination.

    Analysis of Subsidy Programs and Comments Received

    The subsidy programs under investigation and the issues raised in the case and rebuttal briefs by parties in this investigation are discussed in the Issues and Decision Memorandum. A list of the issues that parties raised, and to which we responded in the Issues and Decision Memorandum, is attached to this notice at Appendix II.

    Verification

    As provided in section 782(i) of the Act, in September 2017, the Department verified the subsidy information reported by respondents Jiangsu Hongyi Steel Pipe Co., Ltd. (Hongyi) and Zhangjiagang Huacheng Import & Export Co., Ltd. (Huacheng I&E). We used standard verification procedures, including an examination of relevant accounting and production records, and original source documents provided by the respondents.5

    5See memorandum to the file, “Verification of the Questionnaire Responses of Jiangsu Hongyi Steel Pipe Co., Ltd.,” dated October 19, 2017; and memorandum to the file, “Verification of the Questionnaire Responses of Zhangjiagang Huacheng Import & Export Co., Ltd. (Huacheng I&E) and Its Cross-Owned Affiliates” dated October 18, 2017.

    Use of Adverse Facts Available

    In making this final determination, the Department relied, in part, on facts available. As discussed in the Issues and Decision Memorandum, because the Government of the People's Republic of China (GOC) did not act to the best of its ability in responding to certain of the Department's requests for information, we drew adverse inferences, where appropriate, in selecting from among the facts otherwise available, pursuant to section 776(a) and (b) of the Act.6 For further information, see the section “Use of Facts Otherwise Available and Adverse Inferences” in the accompanying Issues and Decision Memorandum.

    6See Issues and Decision Memorandum at “Use of Facts Otherwise Available and Adverse Inferences” section.

    Changes Since the Preliminary Determination

    Based on our review and analysis of the comments received from parties, and minor corrections accepted at verification, we made certain changes to the respondents' subsidy rate calculations since the Preliminary Determination. For a discussion of these changes, see the Issues and Decision Memorandum and Final Analysis Memoranda.7

    7See Issues and Decision Memorandum; see also memorandum to the file, “Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China: Analysis Memorandum for the Final Determination of the Countervailing Duty Investigation of Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China: Jiangsu Hongyi Pipe Co., Ltd.,” dated concurrently with this determination (Hongyi's Final Analysis Memorandum); and, memorandum to the file, “Countervailing Duty Investigation of Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China: Calculation Memorandum for the Final Determination for Zhangjiagang Huacheng Import & Export Co., Ltd.,” dated concurrently with this determination (Huacheng's Final Analysis Memorandum).

    Final Affirmative Determination of Critical Circumstances, in Part

    Due to the timing of the petitioners' critical circumstance allegation and in accordance with 19 CFR 351.206(b) and (e) the Department did not make a preliminary critical circumstances determination.8 Based on information provided by the petitioners, data placed on the record of this investigation by the mandatory respondents Hongyi and Huacheng I&E, and GTA data collected by the Department, for the final determination, the Department finds that, in accordance with 705(a)(2) of the Act, critical circumstances do not exist for individually-examined respondents Huacheng I&E and Hongyi, but that critical circumstances do exist for non-individually examined companies receiving the “All-Others” rate in this investigation. A discussion of the determination can be found in the Issues and Decision Memorandum.

    8See the petitioners' letter, “Certain Cold-Drawn Mechanical Tubing of Carbon and Alloy Steel from the People's Republic of China, Italy, and the Republic of Korea—Critical Circumstances Allegation,” dated October 23, 2017.

    All-Others Rate

    In accordance with section 705(c)(1)(B)(i)(I) of the Act, we calculated a countervailing duty (CVD) rate for each individually-investigated producer/exporter of the subject merchandise. Consistent with section 705(c)(5)(A)(i) of the Act, we calculated an estimated “all-others” rate for exporters/producers not individually examined. Section 705(c)(5)(A)(i) of the Act provides that the “all-others” rate shall be an amount equal to the weighted average of the countervailable subsidy rates established for individually investigated exporters/producers, excluding any rates that are zero or de minimis or any rates determined entirely under section 776 of the Act. Neither of the mandatory respondents' rates in this final determination was zero or de minimis or based entirely on facts otherwise available. Accordingly, the Department calculated the all-others' rate using a simple average of the individual estimated subsidy rates calculated for the examined respondents.

    Final Determination

    We determine the total estimated countervailable subsidy rates to be:

    9 Unchanged from Preliminary Determination, the Department finds the following companies to be cross-owned with Hongyi: Hongren Precision Pipe Manufacturing Co., Ltd and Changzhou Kemeng Mechanical Equipment Co., Ltd.

    10 Unchanged from Preliminary Determination, the Department finds the following companies to be cross-owned with Huacheng I&E: Zhangjiagang Huacheng Industry Pipe Making Corporation, Zhangjiagang Salem Fine Tubing Co., Ltd., Zhangjiagang Huacheng Investment Holding Co., Ltd., Zhangjiagang HZB Special Material Technology Co., Ltd. and Zhangjiagang Huacheng Special Materials Corporation.

    Company Subsidy rate
  • (%)
  • Jiangsu Hongyi Steel Pipe Co., Ltd 9 21.41 Zhangjiagang Huacheng Import & Export Co., Ltd 10 18.27 All-Others 19.84
    Disclosure

    We intend to disclose the calculations performed to interested parties within five days of the public announcement of this final determination in accordance with 19 CFR 351.224(b).

    Continuation of Suspension of Liquidation

    In accordance with section 703(d) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue to suspend liquidation of all appropriate entries of cold-drawn mechanical tubing from the PRC, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after September 25, 2017, the date of the publication of the Preliminary Determination in the Federal Register. Furthermore, we will instruct CBP to require a cash deposit for such entries of merchandise in the amounts indicated above, pursuant to section 705(c)(1)(B)(ii) of the Act.

    Section 705(c)(4) of the Act provides that, given an affirmative determination of critical circumstances, any suspension of liquidation shall apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which the suspension of liquidation was first ordered. The Department finds that critical circumstances exist for all other exporters or producers of subject merchandise. In accordance with section 705(c)(4) of the Act, the suspension of liquidation shall apply to unliquidated entries of merchandise from all other exporters/producers that were entered, or withdrawn from warehouse, for consumption on or after June 27, 2017, which is 90 days before the suspension of liquidation was first ordered.

    U.S. International Trade Commission (ITC) Notification

    In accordance with section 705(d) of the Act, we will notify the ITC of our final affirmative CVD determination. In addition, we are making available to the ITC all non-privileged and non-proprietary information relating to this investigation. We will allow the ITC access to all privileged and business proprietary information in our files, provided the ITC confirms that it will not disclose such information, either publicly or under an administrative protective order (APO), without the written consent of the Assistant Secretary for Enforcement and Compliance.

    If the ITC determines that material injury, or threat of material injury, does not exist, this proceeding will be terminated and all cash deposits will be refunded. If the ITC determines that such injury does exist, we will issue a CVD order directing CBP to assess, upon further instruction by the Department, CVDs on all imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation, as discussed above in the “Continuation of Suspension of Liquidation” section.

    Notification Regarding Administrative Protective Orders (APOs)

    In the event that the ITC issues a final negative injury determination, this notice will serve as the only reminder to parties subject to an 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/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation that is subject to sanction.

    This determination is issued and published pursuant to sections 705(d) and 777(i) of the Act.

    Dated: December 4, 2017. Gary Taverman, Deputy Assistance Secretary for Antidumping and Countervailing Duty Operations, performing the non-exclusive functions and duties of the Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The scope of this investigation covers cold-drawn mechanical tubing of carbon and alloy steel (cold-drawn mechanical tubing) of circular cross-section, 304.8 mm or more in length, in actual outside diameters less than 331mm, and regardless of wall thickness, surface finish, end finish or industry specification. The subject cold-drawn mechanical tubing is a tubular product with a circular cross-sectional shape that has been cold-drawn or otherwise cold-finished after the initial tube formation in a manner that involves a change in the diameter or wall thickness of the tubing, or both. The subject cold-drawn mechanical tubing may be produced from either welded (e.g., electric resistance welded, continuous welded, etc.) or seamless (e.g., pierced, pilgered or extruded, etc.) carbon or alloy steel tubular products. It may also be heat treated after cold working. Such heat treatments may include, but are not limited to, annealing, normalizing, quenching and tempering, stress relieving or finish annealing. Typical cold-drawing methods for subject merchandise include, but are not limited to, drawing over mandrel, rod drawing, plug drawing, sink drawing and similar processes that involve reducing the outside diameter of the tubing with a die or similar device, whether or not controlling the inside diameter of the tubing with an internal support device such as a mandrel, rod, plug or similar device. Other cold-finishing operations that may be used to produce subject merchandise include cold-rolling and cold-sizing the tubing.

    Subject cold-drawn mechanical tubing is typically certified to meet industry specifications for cold-drawn tubing including but not limited to:

    (1) American Society for Testing and Materials (ASTM) or American Society of Mechanical Engineers (ASME) specifications ASTM A-512, ASTM A-513 Type 3 (ASME SA513 Type 3), ASTM A-513 Type 4 (ASME SA513 Type 4), ASTM A-513 Type 5 (ASME SA513 Type 5), ASTM A-513 Type 6 (ASME SA513 Type 6), ASTM A-519 (cold-finished);

    (2) SAE International (Society of Automotive Engineers) specifications SAE J524, SAE J525, SAE J2833, SAE J2614, SAE J2467, SAE J2435, SAE J2613;

    (3) Aerospace Material Specification (AMS) AMS T-6736 (AMS 6736), AMS 6371, AMS 5050, AMS 5075, AMS 5062, AMS 6360, AMS 6361, AMS 6362, AMS 6371, AMS 6372, AMS 6374, AMS 6381, AMS 6415;

    (4) United States Military Standards (MIL) MIL-T-5066 and MIL-T-6736;

    (5) foreign standards equivalent to one of the previously listed ASTM, ASME, SAE, AMS or MIL specifications including but not limited to:

    (a) German Institute for Standardization (DIN) specifications DIN 2391-2, DIN 2393-2, DIN 2394-2);

    (b) European Standards (EN) EN 10305-1, EN 10305-2, EN 10305-4, EN 10305-6 and European national variations on those standards (e.g., British Standard (BS EN), Irish Standard (IS EN) and German Standard (DIN EN) variations, etc.);

    (c) Japanese Industrial Standard (JIS) JIS G 3441 and JIS G 3445; and

    (6) proprietary standards that are based on one of the above-listed standards.

    The subject cold-drawn mechanical tubing may also be dual or multiple certified to more than one standard. Pipe that is multiple certified as cold-drawn mechanical tubing and to other specifications not covered by this scope, is also covered by the scope of this investigation when it meets the physical description set forth above.

    Steel products included in the scope of this investigation are products in which: (1) Iron predominates, by weight, over each of the other contained elements; and (2) the carbon content is 2 percent or less by weight.

    For purposes of this scope, the place of cold-drawing determines the country of origin of the subject merchandise. Subject merchandise that is subject to minor working in a third country that occurs after drawing in one of the subject countries including, but not limited to, heat treatment, cutting to length, straightening, nondestructive testing, deburring or chamfering, remains within the scope of this investigation.

    All products that meet the written physical description are within the scope of this investigation unless specifically excluded or covered by the scope of an existing order. Merchandise that meets the physical description of cold-drawn mechanical tubing above is within the scope of the investigation even if it is also dual or multiple certified to an otherwise excluded specification listed below. The following products are outside of, and/or specifically excluded from, the scope of this investigation:

    (1) Cold-drawn stainless steel tubing, containing 10.5 percent or more of chromium by weight and not more than 1.2 percent of carbon by weight;

    (2) products certified to one or more of the ASTM, ASME or American Petroleum Institute (API) specifications listed below:

    • ASTM A-53;

    • ASTM A-106;

    • ASTM A-179 (ASME SA 179);

    • ASTM A-192 (ASME SA 192);

    • ASTM A-209 (ASME SA 209);

    • ASTM A-210 (ASME SA 210);

    • ASTM A-213 (ASME SA 213);

    • ASTM A-334 (ASME SA 334);

    • ASTM A-423 (ASME SA 423);

    • ASTM A-498;

    • ASTM A-496 (ASME SA 496);

    • ASTM A-199;

    • ASTM A-500;

    • ASTM A-556;

    • ASTM A-565;

    • API 5L; and

    • API 5CT

    except that any cold-drawn tubing product certified to one of the above excluded specifications will not be excluded from the scope if it is also dual- or multiple-certified to any other specification that otherwise would fall within the scope of this investigation.

    The products subject to the investigation are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.31.3000, 7304.31.6050, 7304.51.1000, 7304.51.5005, 7304.51.5060, 7306.30.5015, 7306.30.5020, 7306.50.5030. Subject merchandise may also enter under numbers 7306.30.1000 and 7306.50.1000. The HTSUS subheadings above are provided for convenience and customs purposes only. The written description of the scope of the investigation is dispositive.

    Appendix II List of Topics Discussed in the Issues and Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Final Determination of Critical Circumstances, in Part A. Background B. Legal Framework C. Critical Circumstances Allegation D. Analysis V. Scope Comments VI. Scope of the Investigation VII. Application of the Countervailing Duty Law to Imports From the PRC VIII. Subsidies Valuation A. Allocation Period B. Attribution of Subsidies C. Denominators IX. Benchmarks and Discount Rates X. Use of Facts Otherwise Available and Adverse Inferences XI. Analysis of Programs A. Programs Determined To Be Countervailable B. Programs Determined Not To Be Used During the POI by Hongyi and Huacheng I&E XII. Analysis of Comments Comment 1: The Countervailability of the Government Provision of Coking Coal and Steam Coal for Less Than Adequate Remuneration (LTAR) Comment 2: The Provision of Electricity for LTAR Comment 3: The Government Provision of Inputs for LTAR a. Input Producers are “Authorities” b. Inputs are Specific c. Input Industries are Distorted (Tier-One Benchmark for Inputs for LTAR) Comment 4: Benchmarks for Steel Rounds/Billets, Hot-Rolled and Cold-Rolled Coiled Steel Comment 5: The Appropriate Benchmark for Ocean Freight Comment 6: External Benchmark Interest Rates for Loans Comment 7: GOC Policy Loans During the POI Comment 8: Huacheng I&E's Bank Acceptance Bills Comment 9: The Export Buyer's Credit Program Comment 10: Income Tax Deductions for R&D Expenses Comment 11: The GOC's Claims Regarding Verification Comment 12: The Department's Investigation of Uninitiated Programs Comment 13: Minor Corrections to the Department's Preliminary Benefit Calculation XIII. Recommendation
    [FR Doc. 2017-26608 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-029, C-570-030] Certain Cold-Rolled Steel Flat Products From the People's Republic of China: Affirmative Preliminary Determination of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that imports of certain cold-rolled steel flat products (CRS), produced in the Socialist Republic of Vietnam (Vietnam) using carbon hot-rolled steel (HRS) manufactured in the People's Republic of China (PRC), are circumventing the antidumping duty (AD) and countervailing duty (CVD) orders on CRS from the PRC.

    DATES:

    Applicable December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Victoria Cho, Tyler Weinhold, or John Drury, 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) 482-5075; (202) 482-1121; or (202) 482-0195, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    Certain domestic interested parties, Steel Dynamics, Inc. (SDI), California Steel Industries (CSI), ArcelorMittal USA LLC (AMUSA), Nucor Corporation (Nucor), United States Steel Corporation, and AK Steel Corporation (collectively, the domestic parties), filed submissions 1 alleging that imports of cold-rolled steel from Vietnam made from HRS sourced from the PRC and exported to the United States as cold-rolled steel of Vietnamese origin are circumventing the CRS Orders. 2 In their submissions, domestic parties requested the Department initiate anti-circumvention inquiries pursuant to section 781(b) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.225(h), to determine whether the importation of the PRC-origin HRS substrate input for finishing into CRS in Vietnam and subsequent sale of that CRS to the United States constitutes circumvention of the CRS Orders.

    1See Domestic Parties' Letter, “Certain Cold-Rolled Steel Flat Products from China: Request for Circumvention Ruling,” dated September 22, 2016 (Circumvention Ruling Request September 22, 2017), and Petitioners' Letter, “Certain Cold-Rolled Steel Flat Products from the People's Republic of China—Request for Circumvention Ruling Pursuant to Section 781(b) of the Tariff Act of 1930,” dated September 27, 2016 (Circumvention Ruling Request September 27, 2017).

    2See Certain Cold-Rolled Steel Flat Products from Japan and the People's Republic of China: Antidumping Duty Orders, 81 FR 45955 (July 14, 2016) (CRS AD Order), and Certain Cold-Rolled Steel Flat Products from the People's Republic of China: Countervailing Duty Order, 81 FR 45960 (July 14, 2016) (CRS CVD Order) (collectively, CRS Orders).

    On November 17, 2016, the Department published the notice of initiation of anti-circumvention inquiries on imports of CRS from Vietnam.3 On August 29, 2017, the Department postponed the final determination of these inquiries and the revised final deadlines are now February 15, 2018.4 For a complete description of the events that followed the initiation of these inquiries, see the Preliminary Decision Memorandum.5 A list of topics included in the Preliminary Decision Memorandum is included as Appendix I to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    3See Certain Cold-Rolled Steel Flat Products from the People's Republic of China: Initiation of Anti-Circumvention Inquiries on the Antidumping Duty and Countervailing Duty Orders, 81 FR 81057 (November 17, 2016) (Initiation Notice).

    4See Letter, “Certain Cold-Rolled Steel Flat Products (CRS) from the People's Republic of China (PRC): Extension of Anti-Circumvention Final Rulings,” August 29, 2017.

    5See Memorandum, “Decision Memorandum for the Preliminary Determinations in the Anti-Circumvention Inquiries of Certain Cold-Rolled Steel Products from the People's Republic of China,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Orders

    The products covered by these orders are certain cold-rolled (cold-reduced), flat-rolled steel products, whether or not annealed, painted, varnished, or coated with plastics or other nonmetallic substances. For a complete description of the scope of the orders, see the Preliminary Decision Memorandum.6

    6Id.

    Scope of the Anti-Circumvention Inquiries

    These anti-circumvention inquiries cover cold-rolled steel produced in Vietnam from HRS substrate input manufactured in the PRC and subsequently exported from Vietnam to the United States (inquiry merchandise). These preliminary rulings apply to all shipments of inquiry merchandise on or after the date of the initiation of these inquiries.

    Methodology

    The Department is conducting these anti-circumvention inquiries in accordance with section 781(b) of the Act. Because Vietnam and the PRC 7 are non-market economy countries, within the meaning of section 771(18) of the Act, the Department has calculated the value of certain processing and merchandise using factors of production and market economy values, as discussed in section 773(c) of the Act. For a full description of the methodology underlying the Department's preliminary determination, see the Preliminary Decision Memorandum.

    7See Antidumping Duty Investigation of Certain Aluminum Foil from the People's Republic of China: Affirmative Preliminary Determination of Sales at Less-Than-Fair Value and Postponement of Final Determination, 82 FR 50858, 50861 (November 2, 2017) citing Memorandum to Gary Taverman, “China's Status as a Non-Market Economy,” dated October 26, 2017. See also Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Preliminary Results of Antidumping Duty Administrative Review, 81 FR 24797 (October 14, 2016) (unchanged in Certain Oil Country Tubular Goods from the Socialist Republic of Vietnam: Final Results of Antidumping Duty Administrative Review; 2014-2015, 82 FR 18611 (April 20, 2017)).

    Preliminary Finding

    As detailed in the Preliminary Decision Memorandum, we preliminarily determine that CRS produced in Vietnam from HRS sourced from the PRC is circumventing the CRS Orders. We therefore preliminarily determine that it is appropriate to include this merchandise within the CRS Orders and to instruct U.S. Customs and Border Protection (CBP) to suspend any entries of CRS from Vietnam produced from HRS from the PRC.

    Suspension of Liquidation

    As stated above, the Department has made a preliminary affirmative finding of circumvention of the CRS Orders by exports to the United States of CRS produced in Vietnam from PRC-origin HRS. This circumvention finding applies to CRS produced by any Vietnamese company from PRC-origin HRS substrate input. In accordance with section 19 CFR 351.225(l)(2), the Department will direct CBP to suspend liquidation and to require a cash deposit of estimated duties on unliquidated entries of CRS produced in Vietnam from PRC-origin HRS that were entered, or withdrawn from warehouse, for consumption on or after November 4, 2016, the date of initiation of the anti-circumvention inquiry.

    The suspension of liquidation instructions will remain in effect until further notice. In the underlying AD and CVD investigations, there were no cooperating respondents and, accordingly, all producers/exporters, as appropriate, of subject merchandise received the same AD rate of 199.76 and CVD rate of 256.44. Therefore, the Department is using these rates, the only rates on the records of these proceedings. Thus, the Department will instruct CBP to require AD cash deposits equal to the rate of 199.76 percent and CVD cash deposits equal to the rate 256.44 percent.

    CRS produced in Vietnam from HRS that is not of PRC-origin is not subject to these inquiries. Therefore, cash deposits are not required for such merchandise. If an importer imports CRS from Vietnam and it claims that the CRS was not produced from HRS substrate manufactured in the PRC, in order not to be subject to cash deposit requirements, the importer and exporter are required to meet the certification and documentation requirements described in Appendix II. Exporters of CRS produced from non-PRC origin HRS substrate must prepare and maintain an Exporter Certification and documentation supporting the Certification (see Appendix IV). In addition, importers of such CRS must prepare and maintain an Importer Certification (see Appendix III) as well as documentation supporting the Importer Certification. Besides the Importer Certification, the importer must also maintain a copy of an Exporter Certification (see Appendix IV) and relevant supporting documentation from its exporter of CRS who did not use the PRC-origin HRC substrate.

    Verification

    As provided in 19 CFR 351.307, the Department intends to verify information relied upon in making its final determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last final verification report is issued in these anti-circumvention inquiries, unless the Secretary alters the time limit. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.8 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in these anti-circumvention inquiries are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    8See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC, 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    International Trade Commission Notification

    The Department, consistent with section 781(e) of the Act, has notified the International Trade Commission (ITC) of these preliminary determinations to include the merchandise subject to these anti-circumvention inquiries within the CRS Orders. Pursuant to section 781(e) of the Act, the ITC may request consultations concerning the Department's proposed inclusion of the subject merchandise. If, after consultations, the ITC believes that a significant injury issue is presented by the proposed inclusion, it will have 60 days from the date of notification by the Department to provide written advice.

    Notification to Interested Parties

    These determinations are issued and published in accordance with section 781(b) of the Act and 19 CFR 351.225(f).

    Dated: December 5, 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 I List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Voluntary Respondent Treatment IV. Scope of the Orders V. Scope of the Anti-Circumvention Inquiries VI. Period of Review VII. Surrogate Countries and Methodology for Valuing Inputs From the PRC and Processing in Vietnam VIII. Statutory Framework IX. Statutory Analysis X. Country-Wide Determination XI. Certification for Not Using PRC-Origin HRS XII. Recommendation Appendix II Certification Requirements

    If an importer imports certain cold-rolled steel flat products (CRS) from the Socialist Republic of Vietnam (Vietnam) and claims that the CRS was not produced from hot-rolled steel substrate (substrate) manufactured in the People's Republic of China (PRC), the importer is required to complete and maintain the importer certification attached hereto as Appendix III. The importer and exporter are required to maintain the exporter certification attached hereto as Appendix IV. The importer certification must be completed, signed, and dated at the time of the entry of the CRS product. The exporter certification must be completed, signed, and dated at the time of shipment of the relevant entries. For shipments and/or entries on or after November 4, 2016, but before the publication of this notice in the Federal Register, for which certifications are required, importers and exporters should complete the required certification within 30 days of the publication of this notice in the Federal Register. The importer and Vietnamese exporter are also required to maintain sufficient documentation supporting their certifications. The importer will not be required to submit the certifications or supporting documentation to U.S. Customs and Border Protection (CBP) as part of the entry process. However, the importer and the exporter will be required to present the certifications and supporting documentation, to the Department and/or CBP, as applicable, upon request by the respective agency. Additionally, the claims made in the certifications and any supporting documentation are subject to verification by the Department and/or CBP. The importer and exporter are required to maintain the certifications and supporting documentation for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries. If it is determined that the certification and/or documentation requirements in a certification have not been met, the Department intends to instruct CBP to suspend, under the PRC CRS orders (A-570-029, C-570-030), all unliquidated entries for which these requirements were not met and require the importer to post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department of Commerce. Entries suspended under A-570-029 and C-570-030 will be liquidated pursuant to applicable administrative reviews of the PRC orders or through the automatic liquidation process.

    Appendix III Importer Certification

    I hereby certify that:

    • My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF IMPORTING COMPANY};

    • I have direct personal knowledge of the facts regarding the importation of the cold-rolled steel flat products produced in Vietnam that entered under entry number(s) {INSERT ENTRY NUMBER(S)} and are covered by this certification;

    • I have personal knowledge of the facts regarding the production of the imported products covered by this certification;

    • These cold-rolled steel flat products produced in Vietnam do not contain hot-rolled steel substrate produced in the People's Republic of China (PRC):

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to provide this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (the Department);

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain a copy of the exporter's certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in United States courts regarding such entries;

    • I understand that {INSERT NAME OF IMPORTING COMPANY} is required to maintain and provide a copy of the exporter's certification and supporting records, upon request, to CBP and/or the Department;

    • I understand that the claims made herein, and the substantiating documentation, are subject to verification by CBP and/or the Department;

    • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:

    ○ suspension of liquidation of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and

    ○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department;

    • I understand that agents of the importer, such as brokers, are not permitted to make this certification;

    • This certification was completed at the time of entry;

    • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.

    Signature NAME OF COMPANY OFFICIAL TITLE DATE
    Appendix IV Exporter Certification

    I hereby certify that:

    • My name is {INSERT COMPANY OFFICIAL'S NAME HERE} and I am an official of {INSERT NAME OF EXPORTING COMPANY};

    • I have direct personal knowledge of the facts regarding the production and exportation of the cold-rolled steel flat products identified below.

    • These cold-rolled steel flat products produced in Vietnam do not contain hot-rolled steel substrate produced in the People's Republic of China (PRC):

    • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to maintain a copy of this certification and sufficient documentation supporting this certification for the later of (1) a period of five years from the date of entry or (2) a period of three years after the conclusion of any litigation in the United States courts regarding such entries;

    • I understand that {INSERT NAME OF EXPORTING COMPANY} must provide this Exporter Certification to the U.S. importer at the time of shipment;

    • I understand that {INSERT NAME OF EXPORTING COMPANY} is required to provide a copy of this certification and supporting records, upon request, to U.S. Customs and Border Protection (CBP) and/or the Department of Commerce (the Department);

    • I understand that the claims made herein, and the substantiating documentation are subject to verification by CBP and/or the Department;

    • I understand that failure to maintain the required certification and/or failure to substantiate the claims made herein will result in:

    ○ suspension of all unliquidated entries (and entries for which liquidation has not become final) for which these requirements were not met and

    ○ the requirement that the importer post applicable antidumping duty (AD) and countervailing duty (CVD) cash deposits equal to the rates as determined by the Department;

    • This certification was completed at or prior to the time of shipment;

    • I am aware that U.S. law (including, but not limited to, 18 U.S.C. 1001) imposes criminal sanctions on individuals who knowingly and willfully make material false statements to the U.S. government.

    Signature NAME OF COMPANY OFFICIAL TITLE DATE
    [FR Doc. 2017-26607 Filed 12-8-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; National Marine Sanctuary Permits AGENCY:

    National Oceanic and Atmospheric Administration, Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before February 9, 2018.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Kate Spidalieri ([email protected]; 240-533-0679).

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for extension of a currently approved information collection.

    National marine sanctuary regulations at 15 CFR part 922 list specific activities that are prohibited in national marine sanctuaries. These regulations also state that otherwise prohibited activities are permissible if a permit is issued by the Office of National Marine Sanctuaries (ONMS). Persons desiring a permit must submit an application, and anyone obtaining a permit is generally required to submit one or more reports on the activity allowed under the permit.

    The recordkeeping and reporting requirements at 15 CFR part 922 form the basis for this collection of information. This information is required by ONMS to protect and manage sanctuary resources as required by the National Marine Sanctuaries Act (16 U.S.C. 1431 et seq.).

    II. Method of Collection

    Depending on the permit being requested, various applications, reports, and telephone calls may be required from applicants. Applications and reports can be submitted via email, fax, or traditional mail. Applicants are encouraged to use electronic means to apply for permits and submit reports whenever possible.

    III. Data

    OMB Control Number: 0648-0141.

    Form Number(s): None.

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

    Affected Public: Business or other for-profit organizations; individuals or households; not-for-profit institutions; Federal government; state, local, or tribal government.

    Estimated Number of Respondents: 555.

    Estimated Time per Response: General permits, 1 hour and 30 minutes; special use permits, 8 hours; historical resources permits, 13 hours; baitfish permits and lionfish removal permits, 5 minutes; permit amendments and certifications, 30 minutes; voluntary registrations, 15 minutes; appeals, 24 hours; Tortugas access permits, 6 minutes.

    Estimated Total Annual Burden Hours: 2,095.

    Estimated Total Annual Cost to Public: $1,080.00 in recordkeeping/reporting costs.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: December 6, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-26664 Filed 12-8-17; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF836 International Affairs; U.S. Fishing Opportunities in the Northwest Atlantic Fisheries Organization Regulatory Area AGENCY:

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

    ACTION:

    Notification of U.S. fishing opportunities.

    SUMMARY:

    We are announcing 2018 fishing opportunities in the Northwest Atlantic Fisheries Organization (NAFO) Regulatory Area. This action is necessary to make fishing privileges in the NAFO Regulatory Area available on an equitable basis to the extent possible. The intended effect of this notice is to alert U.S. fishing vessels of the NAFO fishing opportunities, to relay the available quotas available to U.S. participants, and to outline the process and requirements for vessels to apply to participate in the 2018 NAFO fishery.

    DATES:

    Valid from January 1, 2018, through December 31, 2018. Expressions of interest regarding fishing opportunities in NAFO will be accepted through December 26, 2017.

    ADDRESSES:

    Expressions of interest regarding U.S. fishing opportunities in NAFO should be made in writing to John K. Bullard, U.S. Commissioner to NAFO, NMFS Greater Atlantic Regional Fisheries Office at 55 Great Republic Drive, Gloucester, MA 01930 (phone: 978-281-9315, email: [email protected]).

    Information relating to chartering vessels of another NAFO Contracting Party, transferring NAFO fishing opportunities to or from another NAFO Contracting Party, or U.S. participation in NAFO is available from Patrick E. Moran in the NMFS Office of International Affairs and Seafood Inspection at 1315 East-West Highway, Silver Spring, MD 20910 (phone: 301-427-8370, fax: 301-713-2313, email: [email protected]).

    Additional information about NAFO fishing opportunities, NAFO Conservation and Enforcement Measures (CEM), and the High Seas Fishing Compliance Act (HSFCA) Permit required for NAFO participation is available from Shannah Jaburek, in the NMFS Greater Atlantic Regional Fisheries Office at 55 Great Republic Drive, Gloucester, MA 01930 (phone: 978-282-8456, fax: 978-281-9135, email: [email protected]) and online from NAFO at https://www.nafo.int.

    FOR FURTHER INFORMATION CONTACT:

    Shannah Jaburek, (978) 282-8456.

    SUPPLEMENTARY INFORMATION: General NAFO Background

    The United States is a Contracting Party to the Northwest Atlantic Fisheries Organization or NAFO. NAFO is an intergovernmental fisheries science and management body whose convention applies to most fishery resources in international waters of the Northwest Atlantic, except salmon, tunas/marlins, whales, and sedentary species such as shellfish. Currently, NAFO has 12 contracting parties from North America, Europe, Asia, and the Caribbean. NAFO's Fisheries Commission is responsible for the management and conservation of the fishery resources in the Regulatory Area (waters outside the Exclusive Economic Zones (EEZs)). Figure 1 shows the NAFO Regulatory Area.

    EN11DE17.013

    As a Contracting Party within NAFO, the United States may be allocated catch quotas or effort allocations for certain species in specific areas within the NAFO Regulatory Area and may participate in fisheries for other species for which we have not received a specific quota. For most stocks for which the United States does not receive a specific allocation, an open allocation, known as the “Others” allocation under the Convention, is shared access between all NAFO Contracting Parties.

    Additional information on NAFO can be found online at https://www.nafo.int/About-us. The 2018 NAFO Conservation and Enforcement Measures (CEM) that specify the fishery regulations, Total Allowable Catches (TACs or “quotas”) and other information about the fishery program are available online at: https://www.nafo.int/Fisheries/Conservation.

    This notice announces the fishing opportunities available to U.S. vessels in NAFO regulatory waters, including specific 2018 stocks for which the United States has an allocation under NAFO, and fishing opportunities under the `Other' NAFO allocations. This notice also outlines the application process and other requirements for U.S. vessels that wish to participate in the 2018 NAFO fisheries.

    NAFO Fishing Opportunities Available to U.S. Fishing Vessels

    The principal species managed by NAFO are Atlantic cod, yellowtail and witch flounders, Acadian redfish, American plaice, Greenland halibut, white hake, capelin, shrimp, skates, and Illex squid. NAFO specifies conservation measures for fisheries on these species occurring in its Regulatory Area, including TACs for these managed species that are allocated among NAFO Contracting Parties. The United States received quota allocations at the 2017 NAFO Annual Meeting for two stocks to be fished during 2018. The species, location by NAFO subarea, and allocation (in metric tons (mt)) of these 2018 U.S. fishing opportunities are as follows: Redfish in Division 3M, 69 mt; and Illex Squid in Subareas 3 & 4, 453 mt. In addition, the United States expects a transfer of 1,000 mt of NAFO Division 3LNO yellowtail flounder from Canada's 2018 quota allocation consistent with a 2008 bilateral arrangement between the two countries.

    The TACs that may be available to U.S. vessels for stocks where the United States has not been allocated quota (i.e., the “Others” allocation in Annex I.A of the CEM) are as follows:

    Table 1—2018 NAFO “Others” Allocations Species NAFO Division Others
  • Quota
  • Cod 3M 45 Redfish 3LN
  • 3M
  • 3O
  • 85
  • 124
  • 100
  • Yellowtail Flounder 3LNO 85 Witch Flounder 3NO 11 White Hake 3NO 59 Skates 3LNO 258 Illex squid Squid 3_4 (Sub-Areas 3+4) 794

    Note that the United States shares these allocations with other NAFO Contracting Parties, and access is on a first come, first served basis. Directed fishing is prohibited by NAFO when the “Others” quota for a particular stock has been fully harvested.

    Additional directed quota for these and other stocks managed within the NAFO Regulatory Area could be made available to U.S. vessels through industry-initiated chartering arrangements or government-to-government transfers of quota from other NAFO Contracting Parties.

    U.S. vessels participating in NAFO may also retain bycatch of NAFO managed species to the following maximum amounts as outlined in Article 6 of the 2018 CEM. The percentage, by weight, is calculated as a percent of each stock of the total catch of species listed in Annex I.A (i.e., the NAFO managed stocks previously listed) retained onboard from the applicable division at the time of inspection, based on logbook information:

    1. Cod, Division 3M: 1,250 kg or 5 percent, whichever is more;

    2. Witch Flounder, Division 3M: 1,250 kg or 5 percent, whichever is more;

    3. Redfish, Division 3LN: 1,250 kg or 5 percent, whichever is more;

    4. Cod, Division 3NO: 1,000 kg or 4 percent, whichever is more;

    5. For all other Annex I.A stocks where the U.S. has no specific quota the bycatch limit is, 2,500 kg or 10 percent unless a ban on fishing applies or the quota for the stock has been fully utilized. If the fishery for the stock is closed or a retention ban applies, the permitted bycatch limit is 1,250 kg or 5 percent; and

    6. For the directed yellowtail flounder fishery in Divisions 3LNO (where the United States has a 1,000 mt yellowtail flounder allocation in 2018) vessels may retain 15 percent of American plaice.

    Opportunities to fish for species not listed above (i.e., species listed in Annex I.A of the 2018 NAFO CEM and non-allocated on non-regulated species), but occurring within the NAFO Regulatory Area, may also be available. U.S. fishermen interested in fishing for these other species should contact the NMFS Greater Atlantic Regional Fisheries Office (see ADDRESSES) for additional information. Authorization to fish for such species will include permit-related conditions or restrictions, including but not limited to, minimum size requirements, bycatch-related measures, and catch limits. Any such conditions or restrictions will be designed to ensure the optimum utilization, long-term sustainability, and rational management and conservation of fishery resources in the NAFO Regulatory Area, consistent with the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries as well as the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, which has been adopted by all NAFO Contracting Parties.

    Applying for These Fishing Opportunities

    Expressions of interest to fish for any or all of the 2018 U.S. fishing opportunities in NAFO described above will be considered from all U.S. fishing interests (e.g., vessel owners, processors, agents, others). Applicants are urged to carefully review and thoroughly address the application requirements and selection criteria as detailed below. Expressions of interest should be directed in writing to Regional Administrator John Bullard (see ADDRESSES).

    Information Required in an Application Letter

    Expressions of interest should include a detailed description of anticipated fishing operations in 2018. Descriptions should include, at a minimum:

    • Intended target species;

    • Proposed dates of fishing operations;

    • Vessel(s) to be used to harvest fish, including the name, registration, and home port of the intended harvesting vessel(s);

    • The number of fishing personnel and their nationality involved in vessel operations;

    • Intended landing port or ports; including for ports outside of the United States, whether or not the product will be shipped to the United States for processing;

    • Processing facilities to be used;

    • Target market for harvested fish; and,

    • Evidence demonstrating the ability of the applicant to successfully prosecute fishing operations in the NAFO Regulatory Area, in accordance with NAFO management measures. This may include descriptions of previously successful NAFO or domestic fisheries participation.

    Note that applicant U.S. vessels must possess or be eligible to receive a valid High Seas Fishing Compliance Act (HSFCA) permit. HSFCA permits are available from the NMFS Greater Atlantic Regional Fisheries Office. Information regarding other requirements for fishing in the NAFO Regulatory Area is detailed below and is also available from the NMFS Greater Atlantic Regional Fisheries Office (see ADDRESSES).

    U.S. applicants wishing to harvest U.S. allocations using a vessel from another NAFO Contracting Party, or hoping to enter a chartering arrangement with a vessel from another NAFO Contracting Party, should see below for details on U.S. and NAFO requirements for such activities. If you have further questions regarding what information is required in an expression of interest, please contact Patrick Moran (see ADDRESSES).

    Criteria Used in Identifying Successful Applicants

    Applicants demonstrating the greatest benefits to the United States through their intended operations will be most successful. Such benefits may include:

    • The use of U.S vessels and crew to harvest fish in the NAFO Regulatory Area;

    • Detailed, positive impacts on U.S. employment as a result of the fishing, transport, or processing operations;

    • Use of U.S. processing facilities;

    • Transport, marketing, and sales of product within the United States;

    • Other ancillary, demonstrable benefits to U.S. businesses as a result of the fishing operation; and

    • Documentation of the physical characteristics and economics of the fishery for future use by the U.S. fishing industry.

    Other factors we may consider include but are not limited to: A documented history of successful fishing operations in NAFO or other similar fisheries; the history of compliance by the vessel with the NAFO CEM or other domestic and international regulatory requirements, including potential disqualification of an applicant with repeated compliance issues; and, for those applicants without NAFO or other international fishery history, a description of demonstrated harvest, processing, marketing, and regulatory compliance within domestic fisheries.

    To ensure equitable access by U.S. fishing interests, we may provide additional guidance or procedures, or we may issue regulations designed to allocate fishing interests to one or more U.S. applicants from among qualified applicants. After reviewing all requests for allocations submitted, we may also decide not to grant any allocations if it is determined that no requests adequately meet the criteria described in this notice.

    Notification of Selected Vessels in the 2018 NAFO Fisheries

    We will provide written responses to all applicants notifying them of their application status and, as needed for successful applicants, allocation awards will be made as quickly as possible so that we may notify NAFO and take other necessary actions to facilitate operations in the regulatory area by U.S. fishing interests. Successful applicants will receive additional information from us on permit conditions and applicable regulations before starting 2018 fishing operations.

    Mid-Season Allocation Adjustments

    In the event that an approved U.S. entity does not, is not able to, or is not expected to fish an allocation, or part thereof, awarded to them, NMFS may reallocate to other approved U.S. entities. If requested, approved U.S. entities must provide updated fishing plans and/or schedules. A U.S. entity may not consolidate or transfer allocations without prior approval from NMFS.

    Chartering a Vessel To Fish Available U.S. Allocations

    Under the bilateral arrangement with Canada, the United States may enter into a chartering (or other) arrangement with a Canadian vessel to harvest the transferred yellowtail flounder. For other NAFO-regulated species listed in Annexes I.A and I.B, the United States may enter into a chartering arrangement with a vessel from any other NAFO Contracting Party. Additionally, any U.S. vessel or fishing operation may enter into a chartering arrangement with any other vessel or business from a NAFO Contracting Party. The United States and the other Contracting Party involved in a chartering arrangement must agree to the charter, and the NAFO Executive Secretary must be advised of the chartering arrangement before the commencement of any charter fishing operations. Any U.S. vessel or fishing operation interested in making use of the chartering provisions of NAFO must provide at least the following information: The name and registration number of the U.S. vessel; a copy of the charter agreement; a detailed fishing plan; a written letter of consent from the applicable NAFO Contracting Party; the date from which the vessel is authorized to commence fishing; and the duration of the charter (not to exceed six months).

    Expressions of interest using another NAFO Contracting Party vessel under charter should be accompanied by a detailed description of anticipated benefits to the United States, as described above. Additional detail on chartering arrangements can be found in Article 26 of the CEM (https://www.nafo.int/Fisheries/Conservation).

    Any vessel from another Contracting Party wishing to enter into a chartering arrangement with the United States must be in full current compliance with the requirements outlined in the NAFO Convention and CEM. These requirements include, but are not limited to, submission of the following reports to the NAFO Executive Secretary:

    • Notification that the vessel is authorized by its flag state to fish within the NAFO Regulatory Area during 2018;

    • Provisional monthly catch reports for all vessels of that NAFO Contracting Party operating in the NAFO Regulatory Area;

    • Daily catch reports for each day fished by the subject vessel within the Regulatory Area;

    • Observer reports within 30 days following the completion of a fishing trip; and

    • An annual statement of actions taken by its flag state to comply with the NAFO Convention.

    The United States may also consider the vessel's previous compliance with NAFO bycatch, reporting, and other provisions, as outlined in the NAFO CEM, before authorizing the chartering arrangement.

    Transfer of U.S. Quota Allocations to Another NAFO Party

    Under NAFO rules in effect for 2018, the United States may transfer fishing opportunities by mutual agreement with another NAFO Contracting Party and with prior notification to the NAFO Executive Secretary. An applicant may request to arrange for any of the previously described U.S. opportunities to be transferred to another NAFO party, although such applications will likely be given lesser priority than those that involve more direct harvesting or processing by U.S. entities. Applications to arrange for a transfer of U.S. fishing opportunities should contain a letter of consent from the receiving NAFO Contracting Party, and should also be accompanied by a detailed description of anticipated benefits to the United States. As in the case of chartering operations, the United States may also consider a NAFO Contracting Party's previous compliance with NAFO bycatch, reporting, and other provisions, as outlined in the NAFO CEM, before entering agreeing to a transfer.

    Receiving a Transfer of NAFO Quota Allocations From Another NAFO Party

    Under NAFO rules in effect for 2018, the United States may receive transfers of additional fishing opportunities from other NAFO Contracting Parties. We are required to provide a letter consenting to such a transfer and must provide notice to the NAFO Executive Secretary. In the event that an applicant is able to arrange for the transfer of additional fishing opportunities from another NAFO Contracting Party to the United States, the U.S. may agree to facilitate such a transfer. However, there is no guarantee that if an applicant has facilitated the transfer of quota from another Contracting Party to the United States, such applicant will receive authorization to fish for such quota. If quota is transferred to the United States, we may need to solicit new applications for the use of such quota. All applicable NAFO requirements for transfers must be met. As in the case of chartering operations, the United States may also consider a NAFO Contracting Party's previous compliance with NAFO bycatch, reporting, and other provisions, as outlined in the NAFO CEM, before agreeing to accept a transfer. Any fishing quota or other harvesting opportunities received via this type of transfer are subject to all U.S and NAFO rules as detailed below.

    For more details on NAFO requirements for chartering and transferring NAFO allocations, contact Patrick Moran (see ADDRESSES).

    Fishing in the NAFO Regulatory Area

    U.S. applicant vessels must be in possession of, or obtain, a valid HSFCA permit, which is available from the NMFS Greater Atlantic Regional Fisheries Office. All permitted vessels must comply with any conditions of this permit and all applicable provisions of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries and the CEM. We reserve the right to impose additional permit conditions that ensure compliance with the NAFO Convention and the CEM, the Magnuson-Stevens Fishery Conservation and Management Act and any other applicable law.

    The CEM provisions include, but are not limited to:

    • Maintaining a fishing logbook with NAFO-designated entries (Annex II.A and Article 28);

    • Adhering to NAFO hail system requirements (Annexes II.D and II.F; Article 28; Article 30 part B);

    • Carrying an approved onboard observer for each trip consistent with requirements of Article 30 part A;

    • Maintaining and using a functioning, autonomous vessel monitoring system authorized by issuance of the HSFCA permit as required by Articles 29 and 30; and

    • Complying with all relevant NAFO CEM requirements, including minimum fish sizes, gear, bycatch retention, and per-tow move on provisions for exceeding bycatch limits in any one haul/set.

    Further details regarding U.S. and NAFO requirements are available from the NMFS Greater Atlantic Regional Fisheries Office, and can also be found in the 2018 NAFO CEM on the Internet (https://www.nafo.int/Fisheries/Conservation).

    Vessels issued valid HSFCA permits under 50 CFR part 300 are exempt from certain domestic fisheries regulations governing fisheries in the Northeast United States found in 50 CFR 648. Specifically, vessels are exempt from the Northeast multispecies and monkfish permit, mesh size, effort-control, and possession limit restrictions (§§ 648.4, 648.80, 648.82, 648.86, 648.87, 648.91, 648.92, and 648.94), while transiting the U.S. exclusive economic zone with multispecies and/or monkfish on board the vessel, or landing multispecies and/or monkfish in U.S. ports that were caught while fishing in the NAFO Regulatory Area. These exemptions are conditional on the following requirements: The vessel operator has a letter of authorization issued by the Regional Administrator on board the vessel; for the duration of the trip, the vessel fishes, except for transiting purposes, exclusively in the NAFO Regulatory Area and does not harvest fish in, or possess fish harvested in, or from, the U.S. EEZ; when transiting the U.S. EEZ, all gear is properly stowed and not available for immediate use as defined under § 648.2; and the vessel operator complies with the provisions, conditions, and restrictions specified on the HSFCA permit and all NAFO CEM while fishing in the NAFO Regulatory Area.

    Dated: December 6, 2017. John H. Henderschedt, Director, NOAA Fisheries Office of International Affairs and Seafood Inspection.
    [FR Doc. 2017-26665 Filed 12-8-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Proposed Information Collection; Comment Request; Application Forms for Membership on a National Marine Sanctuary Advisory Council AGENCY:

    National Oceanic and Atmospheric Administration (NOAA), Commerce.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995.

    DATES:

    Written comments must be submitted on or before February 9, 2018.

    ADDRESSES:

    Direct all written comments to Jennifer Jessup, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6616, 14th and Constitution Avenue NW., Washington, DC 20230 (or via the Internet at [email protected]).

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the information collection instrument and instructions should be directed to Kate Spidalieri ([email protected]; 240-533-0679).

    SUPPLEMENTARY INFORMATION:

    I. Abstract

    This request is for a revision and extension of a currently approved information collection.

    Section 315 of the National Marine Sanctuaries Act (NMSA) (16 U.S.C. 1445a) allows the Secretary of Commerce to establish one or more advisory councils to provide advice to the Secretary regarding the designation and management of national marine sanctuaries. Executive Order 13178 similarly established a Coral Reef Ecosystem Reserve Council pursuant to the NMSA for the Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve. Councils are individually chartered for each site to meet its specific needs. Once an advisory council has been chartered, a sanctuary superintendent starts a process to recruit members for that council by providing notice to the public and requesting interested parties to apply for the available seat(s) (e.g., Research, Education) and position(s) (i.e., council member or alternate). The information obtained through this application process will be used to determine the qualifications of the applicant for membership on the advisory council.

    Two application forms are currently associated with this information collection: (a) National Marine Sanctuary Advisory Council Application form; and (b) National Marine Sanctuary Advisory Council Youth Seat Application form. These application forms are currently being revised to ensure consistency between forms, as well as clarify the information and supplemental materials to be submitted by applicants. Application form instructions will specify requirements imposed upon the agency when reviewing applicants as potential council members or alternates, including the need to assess potential conflicts of interest (or other issues) and the applicant's status as a federally registered lobbyist. Specific questions posed to applicants will be reordered, reworded and, at times, condensed to improve the organization of applicant responses and, thereby, simplify the applicant review process.

    II. Method of Collection

    Complete applications may be submitted electronically via email (with attachments), by mail, or by facsimile transmission.

    III. Data

    OMB Control Number: 0648-0397.

    Form Number: None.

    Type of Review: Regular submission (revision and extension of a currently approved collection).

    Affected Public: Individuals or households; business or other for-profit organizations; not-for-profit institutions.

    Estimated Number of Respondents: 594.

    Estimated Time per Response: 1 hour.

    Estimated Total Annual Burden Hours: 594 hours.

    Estimated Total Annual Cost to Public: $1,188.00.

    IV. Request for Comments

    Comments are invited on: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; (b) the accuracy of the agency's estimate of the burden (including hours and cost) of the proposed collection of information; (c) ways to enhance the quality, utility, and clarity of the information to be collected; and (d) ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology.

    Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record.

    Dated: December 6, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-26663 Filed 12-8-17; 8:45 am] BILLING CODE 3510-NK-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Billfish Certificate of Eligibility.

    OMB Control Number: 0648-0216.

    Form Number(s): None.

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

    Number of Respondents: 200.

    Average Hours per Response: 20 minutes for initial completion of certificate and 2 minutes for subsequent billfish purchase recordkeeping.

    Burden Hours: 43.

    Needs and Uses: This request is for an extension of a currently approved information collection.

    Under the provisions of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), NOAA is responsible for management of the Nation's marine fisheries. In addition, NOAA must comply with the United States' (U.S.) obligations under the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.). A Certificate of Eligibility (COE) for Billfishes is required under 50 CFR part 635 to accompany all billfish, except for a billfish landed in a Pacific state and remaining in the state of landing. This documentation certifies that the accompanying billfish was not harvested from the applicable Atlantic Ocean management unit (described on the NOAA sample certificate), and identifies the vessel landing the billfish, the vessel's homeport, the port of offloading, and the date of offloading. The certificate must accompany the billfish to any dealer or processor who subsequently receives or possesses the billfish. A standard certificate format is not currently required to document the necessary information, provided it contains all of the information required. The extension of this collection is necessary to implement the Consolidated Highly Migratory Species Fishery Management Plan, which contains conservation and management measures that limit the Atlantic billfish fishery to a recreational fishery.

    Affected Public: Business or other for-profit organizations.

    Frequency: On occasion.

    Respondent's Obligation: Mandatory.

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

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

    Dated: December 6, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-26662 Filed 12-8-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary Extension of the Comprehensive Autism Care Demonstration for TRICARE Eligible Beneficiaries Diagnosed With Autism Spectrum Disorder AGENCY:

    Department of Defense.

    ACTION:

    Notice of an extension of a comprehensive demonstration project for all Applied Behavior Analysis (ABA) services, including the tiered-model of ABA, for all TRICARE eligible beneficiaries diagnosed with Autism Spectrum Disorder (ASD).

    SUMMARY:

    This notice provides a five-year extension to the Military Health System's demonstration project entitled Comprehensive Autism Care Demonstration (“Autism Care

    Demonstration”). The initial purpose of the Autism Care Demonstration (ACD) was to further analyze and evaluate the appropriateness of the ABA services tiered delivery model under TRICARE (the medical benefit) in light of current and anticipated Behavior Analyst Certification Board guidelines. Based on the agency's experience in administering ABA services under the ACD, including engagement with beneficiaries, providers, advocates, associations, and other payers, much more analysis and experience is required in order to determine the appropriate characterization of ABA services as a medical treatment, or other modalities, under the TRICARE program coverage requirements—to include further research and evaluation of the results, whether Board Certified Behavior Analysts may appropriately be recognized and treated as independent TRICARE authorized providers of a proven medical benefit, and what authorities are required to add ABA services as a permanent benefit under the TRICARE program—whether as a proven medical benefit or otherwise.

    DATES:

    The demonstration will continue through December 31, 2023.

    ADDRESSES:

    Defense Health Agency, Health Plan Operations, 7700 Arlington Boulevard, Suite 5101, Falls Church, Virginia 22042.

    FOR FURTHER INFORMATION CONTACT:

    For questions pertaining to this demonstration project, please contact Mr. Richard Hart at (703) 681-0047.

    SUPPLEMENTARY INFORMATION:

    Under the demonstration, the Department implemented a provider model that allows reimbursement for ABA services rendered by providers who are not otherwise eligible for reimbursement. Additionally, since the implementation of the demonstration, Congress directed the agency to add outcome measures as a requirement to the program. Through revisions and accomodations to obtain achievable information, these outcome measures are aimed at assessing individual progress for each beneficiary, and provide limited utility to describe the population, and the program, as a whole. To acquire additional research results that are essential to evaluating the nature and efficacy of ABA services, the appropriate characterization of ABA providers, and the optimum means to administer coverage of ABA services under TRICARE, the agency is working with the Congressionally Directed Medical Research Program (CDMRP) to award a contract to a research group to analyze the TRICARE ACD participants' outcome measures, particularly assessing their responses to ABA service delivery as a total population. The CDMRP research study will be a descriptive analysis that has the potential to be the largest sample population of ABA services for the diagnosis of ASD in the entire body of research literature, therefore contributing significantly to the understanding of the efficacy of ABA service delivery. By extending the demonstration, the government will not only gain information about what TRICARE beneficiaries are receiving under the ACD and respective outcomes, the government will also gain greater insight and understanding of ASD in the TRICARE population, ABA services being delivered to TRICARE beneficiaries, and outcomes data.

    Additionally, as a next phase to improve the ABA services benefit, the Department will consult with stakeholders and utilize best practices identified in commercial and Medicaid plans as a guide to explore the potential for a single, nationwide contract to manage ABA service delivery under the ongoing authority of the ACD. This reflects a beneficiary-centric approach with many advantages that will provide improved coordination of benefits nationwide leading to improved consistency, quality, and beneficiary experience.

    A determination of the future of ABA under TRICARE and the efficacy of ABA services as a medical benefit would be premature at this point for the reasons stated above. It is therefore necessary for the Department to extend the ACD beyond its December 31, 2018, expiration in order to implement this multi-track approach. This approach will advance the comprehensive evaluation of ABA services for TRICARE coverage for the duration of the CDRMP research study under a single benefit contract. This extension will also ensure continuity of care for beneficiaries currently receiving ABA services, and for those beneficiaries who will be diagnosed with ASD in the future, for the duration of these ongoing initiatives and a reasonable time thereafter for analysis and appropriate TRICARE program changes, to include seeking any additional authorities that may be required.

    On June 16, 2014, the Department of Defense published a notice in the Federal Register (FR) (79 FR 34291), as amended by 80 FR 30664 (May 29, 2015), of a TRICARE demonstration to further analyze and evaluate the appropriateness of the ABA tiered delivery model under TRICARE. The initial purpose of the demonstration was to determine the appropriate provider qualifications for the proper diagnosis of ASD and for the provision of ABA services, assess the feasibility and advisability of establishing a beneficiary cost share for ABA services for the treatment of ASD, and develop more efficient and appropriate means of increasing access to and delivering of ABA services under TRICARE while creating a viable economic model and maintaining administrative simplicity. The ACD was implemented on July 25, 2014, and expires December 31, 2018.

    ABA services are currently provided through the ACD and managed by the existing TRICARE regional managed care support contractors. This approach enabled TRICARE to quickly expand access to ABA services for over 14,000 children diagnosed with ASD and manage a comprehensive ABA benefit program. However, in efforts to manage ABA services similar to the TRICARE Basic medical benefit, many rules have been modified, or exceptions have been made, such as diagnosis and referral procedures, ABA provider qualifications and credentialing, safety and quality management reviews, and reimbursement rate methodology. Additionally, ABA services may involve a lengthy period of care and as families move or transfer across TRICARE regions, many experience inconsistencies in how the ABA services benefit is managed between TRICARE contracts. Based on lessons learned, DHA now seeks to improve ABA services delivery with a more unified approach to reduce variation and ensure ABA services are directed to beneficiaries in a manner that maximizes clinically necessary benefits to each child with minimal disruptions.

    The Department is committed to ensuring all TRICARE-eligible beneficiaries diagnosed with ASD reach their maximum potential, and that all treatment provided supports this goal. The need for effective treatment for the diagnosis of ASD is unquestioned, and while there is need for more scientific evidence, ABA remains the most widely accepted intervention. Therefore, the Department is pursuing a more effective method of delivering and validating the effectiveness of these services. The Department is exploring the potential for a single, nationwide contract, administered by a private sector health care company, with specialized experience and expertise in providing ABA services, will significantly improve the provision of ABA services to military beneficiaries diagnosed with ASD.

    Consequently, the Department has determined that extension of the demonstration is both in the best interest of TRICARE beneficiaries diagnosed with ASD, and necessary to fully evaluate the effectiveness of the delivery model employed by the demonstration while putting in-place a nationwide contract. This extension will determine whether the ACD meets its stated purpose and provide the Department with consistent and reliable information necessary to make informed decisions regarding the provision of the ABA services benefit. This extension will allow the Department to make a formal decision regarding the use of that delivery model in the long-term. The demonstration continues to be authorized by Title 10, United States Code, Section 1092.

    Dated: December 5, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-26567 Filed 12-8-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Transmittal No. 17-58] Arms Sales Notification AGENCY:

    Defense Security Cooperation Agency, Department of Defense.

    ACTION:

    Arms sales notice.

    SUMMARY:

    The Department of Defense is publishing the unclassified text of an arms sales notification.

    FOR FURTHER INFORMATION CONTACT:

    Pamela Young, (703) 697-9107, [email protected] or Kathy Valadez, (703) 697-9217, [email protected]; DSCA/DSA-RAN.

    SUPPLEMENTARY INFORMATION:

    This 36(b)(1) arms sales notification is published to fulfill the requirements of section 155 of Public Law 104-164 dated July 21, 1996. The following is a copy of a letter to the Speaker of the House of Representatives, Transmittal 17-58 with attached Policy Justification and Sensitivity of Technology.

    Dated: December 5, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. EN11DE17.012 Transmittal No. 17-58 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended

    (i) Prospective Purchaser: Government of Singapore

    (ii) Total Estimated Value:

    Major Defense Equipment * $13 million Other $402 million Total $415 million

    (iii) Description and Quantity or Quantities of Articles or Services under Consideration for Purchase: Follow-on support and services related to Singapore's Continental United States (CONUS) F-15 detachment PEACE CARVIN V.

    Major Defense Equipment (MDE):

    Forty (40) GBU-10 Paveway II Laser Guided Bomb (LGB) Units, consisting of: MXU-651B/B Air Foil Groups (AFG), MAU-209C/B or MAU-169L/B Computer Control Groups (CCG), MK-84 or BLU-117B/B Bomb Bodies Eighty four (84) GBU-12 Paveway II LGB Units, consisting of: MXU-650C/B AFG, MAU-209C/B or MAU-168L/B CCGs, MK-82 or BLU-111B/B Bomb Bodies Sixty (60) FMU-152 or FMU-139D/B Fuzes

    Non-MDE: Also included are AIM-120 Telemetry Kits; target drones; High-Bandwidth Compact Telemetry Module kits; exercise participation support; weapons, Electronic Combat International Security Assistance Program (ECISAP), and systems support; medical support; vehicle and ferry support; airlift and aerial refueling; individual equipment; maintenance, spare and repair parts; publications and technical documentation; personnel training and training equipment; U.S. Government and contractor, logistics, and technical support services; and other related elements of logistical and program support.

    (iv) Military Department: Air Force (SN-D-NAG)

    (v) Prior Related Cases, if any: SN-D-NDA

    (vi) Sales Commission, Fee, etc., Paid, Offered, or Agreed to be Paid: None

    (vii) Sensitivity of Technology Contained in the Defense Article or Defense Services Proposed to be Sold: See Attached Annex

    (viii) Date Report Delivered to Congress: November 29, 2017

    * As defined in Section 47(6) of the Arms Export Control Act.

    POLICY JUSTIFICATION Singapore—Follow-On Support for PEACE CARVIN V (F-15 Training Detachment)

    The Government of Singapore has requested to purchase forty (40) GBU-10 Paveway II Laser Guided Bomb (LGB) units, consisting of: MXU-651B/B Air Foil Groups (AFG), MAU-209C/B or MAU-169L/B Computer Control Groups (CCG), MK-84 or BLU-117B/B bomb bodies; eighty four (84) GBU-12 Paveway II LGB units, consisting of: MXU-650C/B AFG, MAU-209C/B or MAU-168L/B CCGs, MK-82 or BLU-111B/B bomb bodies; and sixty (60) FMU-152 or FMU-139D/B fuzes. Also included are AIM-120 Telemetry Kits; target drones; High-Bandwidth Compact Telemetry Module kits; exercise participation support; weapons, Electronic Combat International Security Assistance Program (ECISAP), and systems support; medical support; vehicle and ferry support; airlift and aerial refueling; individual equipment; maintenance, spare and repair parts; publications and technical documentation; personnel training and training equipment; U.S. Government and contractor, logistics, and technical support services; and other related elements of logistical and program support. The estimated cost is $415 million.

    This proposed sale will contribute to the foreign policy and national security of the United States by helping to improve the security of a critical regional partner that has been, and continues to be, an important force for economic progress in Southeast Asia.

    This potential sale will continue to improve Singapore's ability to develop mission-ready and experienced pilots to support its F-15 aircraft inventory. The well-established pilot proficiency training program at Mountain Home Air Force Base will support professional interaction and enhance operational interoperability with U.S. Forces. Singapore will have no difficulty absorbing this equipment and support into its armed forces.

    The proposed sale of this equipment and support will not alter the basic military balance in the region.

    There is no prime contractor involved in this proposed sale. Manpower support will be determined through competition with defense articles anticipated to come from U.S. stocks, as needed. Sources of supply will award contracts when necessary to provide the defense articles if items are not available from U.S. stock or are considered long lead-time away. There are no known offset agreements proposed in connection with this potential sale.

    Implementation of this proposed sale will not require the assignment of any additional U.S. Government or contractor representatives to Singapore.

    There will be no adverse impact on U.S. defense readiness as a result of this proposed sale.

    Transmittal No. 17-58 Notice of Proposed Issuance of Letter of Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act Annex Item No. vii

    (vii) Sensitivity of Technology:

    1. This potential sale will involve the release of sensitive technology to the Government of Singapore, including Paveway II (PWII) Laser Guided Bombs (LGB) GBU-10 and -12. The PWII LGBUs have an overall export classification of CONFIDENTIAL. The related subcomponents: MXU-209 C/B or MAU-169 L/B control and guidance kits, FMU-152 or FMU-139D/B fuzes, MK-82 or BLU-111 B/B bomb bodies, and MK-84 or BLU-117 B/B bomb bodies are UNCLASSIFIED.

    2. The PWII LGB, is a maneuverable, free-fall weapon that guides to a spot of laser energy reflected off of the target. The LGB is delivered like a normal general purpose (GP) bomb and the semi-active guidance corrects for many of the normal errors inherent in any delivery system. Laser designation for the LGB can be provided by a variety of laser target markers or designators. An LGB consists of a Computer Control Group (CCG) that is not warhead specific and warhead specific Air Foil Group (AFG) that attaches to the nose and tail of a GP bomb body. The PWII can use either the FMU-152 or FMU-139D/B fuzes. Singapore currently has FMU-152 fuzes available and will be purchasing additional compatible fuzes to support new munitions requirements.

    a. GBU-10 is a 2,000lb (MK-84 or BLU-117 B/B) GP bomb body fitted with the MXU-651 AFG, and MAU-209C/B or MAU-169 L/B CCG to guide to its laser designated target.

    b. GBU-12 is a 500lb (MK-82 or BLU-111 B/B) GP bomb body fitted with the MXU-650 AFG, and MAU-209C/B or MAU-168L/B CCGs to guide to its laser designated target.

    3. FMU-152 fuzes are a multifunction, multiple delay fuze system with hardened target capabilities that provide arming and fuzing functions for general purpose and penetrating, unitary warheads. The fuze can set or reset during munitions buildup, aircraft loading, ground servicing, or during flight from the cockpit. The system includes the fuze, closure ring, FZU-63 initiator, and power cable. The hardware is UNCLASSIFIED.

    4. AIM-120 Telemetry Kits Non-Development Item/Airborne Instrument Units (NDI/AIU) hardware are UNCLASSIFIED. The NDU/AIU includes a telemetry transmitter, a flight termination system, a C-band beacon and upper S-band capability to include antenna. The NDI/AIU will be used for Singapore's participation in Continental United States (CONUS) based exercises and shall not be released, transferred, or exported to Singapore. All data shall only be collected, transmitted or reviewed by qualified U.S. personnel.

    5. The High-Bandwidth Compact Telemetry Modules (HCTM) and Telemetry Cable Kits hardware are UNCLASSIFIED. HCTM are used for Joint Direct Attack Munition integration, developmental, or operational testing; and will be used for Singapore's participation in Continental United States (CONUS) based exercises and shall not be released, transferred, or exported to Singapore. All data shall only be collected, transmitted or reviewed by qualified U.S. personnel.

    6. If a technologically advanced adversary were to obtain knowledge of the specific hardware and software elements, the information could be used to develop countermeasures that might reduce weapon system effectiveness or be used in the development of a system with similar or advanced capabilities.

    7. A determination has been made that Singapore can provide substantially the same degree of protection for the sensitive technology being released as the U.S. Government. This proposed sale is necessary to further the U.S. foreign policy and national security objectives outlined in the Policy Justification.

    8. All defense articles and services listed on this transmittal are authorized for release and export to the Government of Singapore.

    [FR Doc. 2017-26566 Filed 12-8-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. EL18-43-000] Notice of Petition for Declaratory Order; Alabama Power Company, Georgia Power Company, Gulf Power Company, Mississippi Power Company

    Take notice that on November 28, 2017, pursuant to Rule 207 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 385.207, Southern Company Services, Inc., acting as agent for Alabama Power Company, Georgia Power Company, Gulf Power Company, and Mississippi Power Company (collectively, Southern Companies), filed a petition for declaratory order and request to hold proceedings in abeyance. The filing seeks clarification regarding whether Southern Companies' Open Access Transmission Tariff provides the flexibility to allow for a ratemaking adjustment so as to avoid a potential violation of normalization requirements, and the filing is made contingent upon, and requests that this proceeding be held in abeyance pending the receipt of, a Private Letter Ruling being sought from the Internal Revenue Service regarding the potential normalization violation.

    Any person desiring to intervene or to protest in this proceeding must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioners.

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

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

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

    Comment Date: 5:00 p.m. Eastern time on December 28, 2017.

    Dated: December 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-26652 Filed 12-8-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. IC18-1-000] Commission Information Collection Activities (FERC-598); Comment Request; Extension AGENCY:

    Federal Energy Regulatory Commission.

    ACTION:

    Notice of information collection and request for comments.

    SUMMARY:

    In compliance with the requirements of the Paperwork Reduction Act of 1995, the Federal Energy Regulatory Commission (Commission or FERC) is soliciting public comment on the currently approved information collection, FERC-598 (Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status).

    DATES:

    Comments on the collection of information are due February 9, 2018.

    ADDRESSES:

    You may submit comments (identified by Docket No. IC18-1-000) by either of the following methods:

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

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

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

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION:

    Title: FERC-598, Self-Certification for Entities Seeking Exempt Wholesale Generator Status or Foreign Utility Company Status.

    OMB Control No.: 1902-0166.

    Type of Request: Three-year extension of the FERC-598 information collection requirements with no changes to the current reporting requirements.

    Abstract: The Commission uses the data in the FERC-598 information collection to implement the statutory provisions of Title XII, subtitle F of the Energy Policy Act of 2005 (EPAct 2005).1

    1 Energy Policy Act of 2005, Public Law 109-58, 119 Stat. 594, 972 et seq. (2005) (codified at 42 U.S.C. 16451 et seq.).

    EPAct 2005 repealed the Public Utility Holding Company Act of 1935 (PUHCA 1935),2 and adopted in its place the Public Utility Holding Company Act of 2005 (PUHCA 2005).3 While providing for the Commission's regulation of holding companies, PUHCA 2005 also provided an exemption from such regulation for those holding companies that are subject to Commission regulation as holding companies solely due to their holding exempt wholesale generators (EWG) and foreign utility companies (FUCO).4 To carry out this statutory directive, the Commission amended its regulations (in Order No. 667 5 ) to, among other things, add procedures for not only defining what entities would qualify as EWGs and FUCOs, but also the self-certification by entities seeking EWG and FUCO status, coupled with the self-certification of the exemption of their holding companies, in turn, from Commission regulation.6 This self-certification for EWGs and FUCOs is similar to the process available to entities that seek qualifying facility status.7

    2Id. § 1263, 119 Stat. 594, 974.

    3Id. § 1261, 119 Stat. 594, 972.

    4Id. § 1266(a), 119 Stat. 594, 975 (codified at 42 U.S.C. 16454(a)).

    5Repeal of the Public Utility Holding Company Act of 1935 and Enactment of the Public Utility Holding Company Act of 2005, 70 FR 75592, FERC Stats. & Regs. ¶ 31,197 (2005), order on rehearing, Order 667-A, 71 FR 28446, FERC Stats. & Regs. ¶ 31,213 (2006), order on rehearing, Order 667-B, 71 FR 42750, FERC Stats. & Regs. ¶ 31,244 (2006), order on rehearing, Order 667-C, 118 FERC ¶ 61,133 (2007).

    6 18 CFR 366.1, 366.3(a), 366.4, 366.7.

    7 18 CFR 292.207.

    An EWG is defined as “any person engaged directly, or indirectly through one or more affiliates . . . and exclusively in the business of owning or operating, or both owning and operating, all or part of one or more eligible facilities and selling electric energy at wholesale.” 8 A FUCO is defined as “any company that owns or operates facilities that are not located in any state and that are used for the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, if such company: (1) Derives no part of its income, directly or indirectly, from the generation, transmission, or distribution of electric energy for sale or the distribution at retail of natural or manufactured gas for heat, light, or power, within the United States; and (2) [n]either the company nor any of its subsidiary companies is a public-utility company operating in the United States.” 9

    8 18 CFR 366.1.

    9Id.

    An EWG, FUCO, or its representative seeking to self-certify its status as an EWG or FUCO must file with the Commission a notice of self-certification (FERC-598) demonstrating that it satisfies the definition of EWG or FUCO. In the case of EWGs, the person filing a notice of self-certification must also file a copy of the notice of self-certification with the state regulatory authority of the state in which the facility is located and that person must also represent to the Commission in its submission that it has filed a copy of the notice with the appropriate state regulatory authority.10

    10 18 CFR 366.7.

    Submission of the information collected by FERC-598 is necessary for the Commission to carry out its responsibilities under section 1266(a) of EPAct 2005.11 The Commission implements its responsibilities through the Code of Federal Regulations (CFR), Title 18, Part 366. These filing requirements are mandatory for entities seeking to self-certify their EWG or FUCO status, in order to, in turn, exempt their holding companies from Commission regulation.

    11 42 U.S.C. 16454(a).

    Type of Respondents: EWGs and FUCOs.

    Estimate of Annual Burden: 12 The Commission estimates the total annual burden and cost 13 for this information collection as follows.

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

    13 Subject matter experts found that industry employment costs (for salary plus benefits) for the FERC-598 information collection closely resemble the Commission's. FERC's 2017 average annual salary plus benefits per FTE (full-time equivalent) is $158,754 (or $76.50 per hour).

    FERC-598 [Self-certification for entities seeking exempt wholesale generator status or foreign utility company status] Number of respondents
  • (EWGs and FUCOs)
  • Annual number of
  • responses
  • per respondent
  • Total number
  • of responses
  • Average burden hours and cost ($) per
  • response
  • Total annual burden hours and total
  • annual cost
  • Average cost
  • per respondent
  • ($)
  • (1) (2) (1) * (2) = (3) (4) (3) * (4) = (5) (5) ÷ (1) 147 1 147 6 hrs.; $459 882 hrs.; $67,473 $459

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

    Dated: December 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-26653 Filed 12-8-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 3309-020] Marlow Hydro, LLC; Notice of Intent To File License Application, Filing of Pre-Application Document, Approving Use of the Traditional Licensing Process

    a. Type of Filing: Notice of Intent to File License Application and Request to Use the Traditional Licensing Process.

    b. Project No.: 3309-020.

    c. Date Filed: October 13, 2017.

    d. Submitted By: Marlow Hydro, LLC.

    e. Name of Project: Nash Mill Dam Project.

    f. Location: On the Ashuelot River, near the town of Marlow, in Cheshire County, New Hampshire. No federal lands are occupied by the project works or located within the project boundary.

    g. Filed Pursuant to: 18 CFR 5.3 and 5.5 of the Commission's regulations.

    h. Potential Applicant Contact: Anthony B. Rosario, 139 Henniker Street, Hillsborough, NH 03244; (603) 494-1854; email [email protected]

    i. FERC Contact: Patrick Crile at (202) 502-8042; or email at [email protected]

    j. Marlow Hydro, LLC filed its request to use the Traditional Licensing Process on October 13, 2017. Marlow Hydro, LLC provided public notice of its request on October 12, 2017. In a letter dated December 5, 2017, the Director of the Division of Hydropower Licensing approved Marlow Hydro, LLC's request to use the Traditional Licensing Process.

    k. With this notice, we are initiating informal consultation with the U.S. Fish and Wildlife Service and NOAA Fisheries under section 7 of the Endangered Species Act and the joint agency regulations thereunder at 50 CFR, Part 402; and NOAA Fisheries under section 305(b) of the Magnuson-Stevens Fishery Conservation and Management Act and implementing regulations at 50 CFR 600.920. We are also initiating consultation with the New Hampshire Division of Historical Resources, as required by section 106 of the National Historic Preservation Act, and the implementing regulations of the Advisory Council on Historic Preservation at 36 CFR 800.2.

    l. With this notice, we are designating Marlow Hydro, LLC as the Commission's non-federal representative for carrying out consultation pursuant to section 106 of the National Historic Preservation Act.

    m. Marlow Hydro, LLC filed a Pre-Application Document (PAD; including a proposed process plan and schedule) with the Commission, pursuant to 18 CFR 5.6 of the Commission's regulations.

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

    o. The licensee states its unequivocal intent to submit an application for a subsequent license for Project No. 3309. Pursuant to 18 CFR 16.20 each application for a subsequent license and any competing license applications must be filed with the Commission at least 24 months prior to the expiration of the existing license. All applications for license for this project must be filed by November 30, 2020.

    p. 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: December 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-26654 Filed 12-8-17; 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 Number: PR18-11-000.

    Applicants: Dow Pipeline Company.

    Description: Tariff filing per 284.123(b)(2)+(g): DPL Rate Petition to be effective 12/1/2017;

    Filed Date: 11/30/17.

    Accession Number: 201711305088.

    Comments Due: 5 p.m. ET 12/21/17.

    284.123(g) Protests Due: 5 p.m. ET 1/29/18.

    Docket Number: PR18-12-000.

    Applicants: Rocky Mountain Natural Gas LLC.

    Description: Tariff filing per 284.123(b),(e)+(g): Revised Statement of Operating Conditions to be effective 11/1/2017;

    Filed Date: 11/30/17.

    Accession Number: 201711305130.

    Comments Due: 5 p.m. ET 12/21/17.

    284.123(g) Protests Due: 5 p.m. ET 1/29/18.

    Docket Numbers: RP18-232-000.

    Applicants: High Island Offshore System, L.L.C.

    Description: § 4(d) Rate Filing: FT-2 Contract Amendment to be effective 11/1/2017.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5102.

    Comments Due: 5 p.m. ET 12/18/17.

    Docket Numbers: RP18-233-000.

    Applicants: Alliance Pipeline L.P.

    Description: § 4(d) Rate Filing: December 2017 Permanent Relocations & Assignments to be effective 12/1/2017.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5103.

    Comments Due: 5 p.m. ET 12/18/17.

    Docket Numbers: RP18-234-000.

    Applicants: Northern Border Pipeline Company.

    Description: Compliance filing Settlement Compliance Period 1 Jan18-Mar18 Docket No. RP12-1093-000 to be effective 1/1/2018.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5104.

    Comments Due: 5 p.m. ET 12/18/17.

    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 date(s). 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: December 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-26651 Filed 12-8-17; 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: EC18-27-000.

    Applicants: Allegheny Generating Company, Allegheny Energy Supply Company, LLC, Monongahela Power Company.

    Description: Federal Power Act Section 203 Application, Requests for Shortened Comment Period, Confidential Treatment, and Limited Waiver of the Part 33 Filing Requirements of Allegheny Generating Company, et. al.

    Filed Date: 12/1/17.

    Accession Number: 20171201-5371.

    Comments Due: 5 p.m. ET 12/22/17.

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

    Docket Numbers: ER15-1841-002; ER15-2742-002; ER16-2643-002.

    Applicants: Panda Stonewall LLC, Panda Patriot LLC, Panda Liberty LLC.

    Description: Supplement to June 30, 2017 Updated Market Power Analysis for the Northeast Region of the Panda MBR Sellers.

    Filed Date: 12/1/17.

    Accession Number: 20171201-5332.

    Comments Due: 5 p.m. ET 12/22/17.

    Docket Numbers: ER16-2716-002.

    Applicants: NextEra Energy Transmission MidAtlantic, LLC.

    Description: Compliance filing: NextEra Energy Transmission MidAtlantic, LLC Compliance Filing to be effective 11/30/2016.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5144.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER16-2717-002.

    Applicants: NextEra Energy Transmission Midwest, LLC.

    Description: Compliance filing: NextEra Energy Transmission Midwest, LLC Compliance Filing to be effective 11/30/2016.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5142.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER16-2719-004.

    Applicants: NextEra Energy Transmission New York, Inc.

    Description: Compliance filing: NextEra Energy Transmission New York, Inc. Compliance Filing to be effective 11/30/2016.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5098.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER16-2720-002.

    Applicants: NextEra Energy Transmission Southwest, LLC.

    Description: Compliance filing: NextEra Energy Transmission Southwest, LLC Compliance Filing to be effective 11/30/2016.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5000.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER17-889-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: 2646R3 Kansas Municipal Energy Agency NITSA NOA to be effective 1/1/2017.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5074.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER17-2558-000.

    Applicants: NTE Ohio, LLC.

    Description: Supplemental Amendment to September 28, 2017 NTE Ohio, LLC tariff filing.

    Filed Date: 12/1/17.

    Accession Number: 20171201-5328.

    Comments Due: 5 p.m. ET 12/22/17.

    Docket Numbers: ER18-382-000.

    Applicants: Pacific Gas and Electric Company.

    Description: Tariff Cancellation: Termination of Alamo 1 & 2, Little Bear 3 & 4, Fountain Wind E&P Agreements to be effective 11/7/2017.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5100.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-383-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to ISA SA No. 3670; Queue Position Y2-077 to be effective 11/1/2013.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5101.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-384-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Queue Position #AC2-145, Original Service Agreement No. 4842 to be effective 11/4/2017.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5106.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-385-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 3316R1 Carthage Water and Electric Plant NITSA and NOA to be effective 11/1/2017.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5112.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-386-000.

    Applicants: Dynegy Conesville, LLC.

    Description: Tariff Cancellation: Notice of Termination for Rate Schedule No. 1 to be effective 12/31/9998.

    Filed Date: 12/4/17.

    Accession Number: 20171204-5126.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-387-000.

    Applicants: ISO New England Inc., Emera Maine.

    Description: § 205(d) Rate Filing: Original Service Agreement under Schedule 21-EM of the ISO-NE Tariff to be effective 1/1/2016.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5060.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-388-000.

    Applicants: New England Power Company.

    Description: § 205(d) Rate Filing: Schedule 20A Service Agreement with H.Q. Energy Services to be effective 1/1/2018.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5062.

    Comments Due: 5 p.m. ET 12/26/17.

    Docket Numbers: ER18-389-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Cancellation: Notice of Cancellation of Original Service Agreement No. 4584 to be effective 12/22/2017.

    Filed Date: 12/5/17.

    Accession Number: 20171205-5076.

    Comments Due: 5 p.m. ET 12/26/17.

    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: December 5, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-26650 Filed 12-8-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-R05-OAR-2017-0277; FRL-9971-62-Region 5] Adequacy Status of the Metro-East St. Louis, Illinois 2008 Ozone Standard Nonattainment Area for the Submitted Maintenance Plan for Transportation Conformity Purposes AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of finding of adequacy.

    SUMMARY:

    In this notice, the Environmental Protection Agency (EPA) is notifying the public that we find the motor vehicle emissions budgets (MVEBs) for volatile organic compounds (VOCs) and oxides of nitrogen (NOX) in the Illinois portion of the St. Louis area (Madison, Monroe and St. Clair Counties or “Metro-East area”), 2008 Ozone Standard nonattainment area adequate for use in transportation conformity determinations. Illinois submitted a 2008 Ozone Standard maintenance plan for the Metro-East area on May 8, 2017. As a result of this finding of adequacy, the MVEBs from the submitted maintenance plan must be used by state and Federal agencies in determining whether proposed transportation projects conform to the SIP as required by the Clean Air Act.

    DATES:

    This finding is applicable December 26, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Michael Leslie, Environmental Engineer, Control Strategies Section (AR-18J), Air Programs Branch, Air and Radiation Division, United States Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, Chicago, Illinois 60604, (312) 353-6680, [email protected]

    SUPPLEMENTARY INFORMATION:

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

    Background

    Today's notice is an announcement of a finding that we have already made. On September 26, 2017, EPA sent a letter to the Illinois Environmental Protection Agency, stating that the 2030 MVEBs contained in the maintenance plan for the 2008 Ozone Standard for Metro-East area are adequate for transportation conformity purposes. EPA announced receipt of these MVEBs on its transportation conformity Web site, and did not receive any comments during the public comment period. The finding of adequacy is available at EPA's conformity Web site: https://www.epa.gov/state-and-local-transportation/adequacy-review-state-implementation-plan-sip-submissions-conformity.

    The 2030 MVEBs, in tons per day (tpd), for VOCs and NOX for the Metro-East St. Louis, Illinois area are as follows:

    Year NOX
  • (tpd)
  • VOCs
  • (tpd)
  • 2030 16.68 9.05

    Transportation conformity is required by section 176(c) of the Clean Air Act. EPA's conformity rule requires that transportation plans, programs, and projects conform to state air quality implementation plans and establishes the criteria and procedures for determining whether they conform. Conformity to a State Implementation Plan (SIP) means that transportation activities will not produce new air quality violations, worsen existing violations, or delay timely attainment of the national ambient air quality standards.

    The criteria by which we determine whether a SIP's MVEBs are adequate for transportation conformity purposes are outlined in 40 CFR 93.118(e)(4). Please note that an adequacy review is separate from EPA's completeness review, and is also a separate action from EPA's evaluation of and decision whether to approve a proposed SIP revision.

    Authority:

    42 U.S.C. 7401-7671q.

    Dated: November 17, 2017. Robert A. Kaplan, Acting Regional Administrator, Region 5.
    [FR Doc. 2017-26533 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2017-0628; FRL-9970-51] Agency Information Collection Activities; Proposed Renewal of an Existing Collection (EPA ICR No. 0276.16); Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act (PRA), this document announces that EPA is planning to submit an Information Collection Request (ICR) to the Office of Management and Budget (OMB). The ICR, entitled: “Experimental Use Permits (EUPs) for Pesticides,” and identified by EPA ICR No. 0276.16 and OMB Control No. 2070-0040, represents the renewal of an existing ICR that is scheduled to expire on August 31, 2018. Before submitting the ICR to OMB for review and approval, EPA is soliciting comments on specific aspects of the proposed information collection that is summarized in this document. The ICR and accompanying material are available in the docket for public review and comment.

    DATES:

    Comments must be received on or before February 9, 2018.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2017-0628, by one of the following methods:

    Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.

    Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001.

    Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at http://www.epa.gov/dockets/contacts.html.

    Additional instructions on commenting or visiting the docket, along with more information about dockets generally, is available at http://www.epa.gov/dockets.

    FOR FURTHER INFORMATION CONTACT:

    Connie Hernandez, Field and External Affairs Division, Office of Pesticide Programs (7560P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (703) 305-5190; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    I. What information is EPA particularly interested in?

    Pursuant to PRA section 3506(c)(2)(A) (44 U.S.C. 3506(c)(2)(A)), EPA specifically solicits comments and information to enable it 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 estimates 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.

    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 submission of responses. In particular, EPA is requesting comments from very small businesses (those that employ less than 25) on examples of specific additional efforts that EPA could make to reduce the paperwork burden for very small businesses affected by this collection.

    II. What information collection activity or ICR does this action apply to?

    Title: EUPs for Pesticides.

    ICR number: EPA ICR No. 0276.16.

    OMB control number: OMB Control No. 2070-0040.

    ICR status: This ICR is currently scheduled to expire on August 31, 2018. An Agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers for EPA's regulations in title 40 of the Code of Federal Regulations (CFR), after appearing in the Federal Register when approved, are listed in 40 CFR part 9, are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This ICR is a renewal of an existing ICR that is currently approved by OMB and is due to expire August 31, 2018. The information collection provides EPA with the data necessary to determine whether to issue an EUP under section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). FIFRA requires that before a pesticide product may be distributed or sold in the U.S., it must be registered by EPA. However, FIFRA section 5 authorizes EPA to issue an EUP to allow pesticide companies to temporarily ship pesticide products for experimental use for the purpose of gathering data necessary to support the application for registration of a pesticide product. The EUP application must be submitted in order to obtain a permit.

    Burden statement: The annual public reporting and recordkeeping burden for this collection of information is estimated to average 567 hours per response. Burden is defined in 5 CFR 1320.3(b).

    The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized here:

    Respondents/Affected Entities: Entities potentially affected by this ICR are engaged in pesticide, fertilizer, and other agricultural chemical manufacturing. The NAICS for respondents under the ICR include: 325320 (Pesticide and other Agricultural Chemical Manufacturing).

    Estimated total number of potential respondents: 31 annually.

    Frequency of response: On occasion.

    Estimated total average number of responses for each respondent: 1.

    Estimated total annual burden hours: 567 hours.

    Estimated total annual costs: $37,497. There are no capital operation & maintenance costs associated with this information collection.

    III. Are there changes in the estimates from the last approval?

    There is an increase of 11 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects EPA's adjustment as a result of increased EUP submissions by program participants, as well as higher wage rates for managerial, technical, and clerical occupations. This change is an adjustment.

    IV. What is the next step in the process for this ICR?

    EPA will consider the comments received and amend the ICR as appropriate. The final ICR package will then be submitted to OMB for review and approval pursuant to 5 CFR 1320.12. EPA will issue another Federal Register document pursuant to 5 CFR 1320.5(a)(1)(iv) to announce the submission of the ICR to OMB and the opportunity to submit additional comments to OMB. If you have any questions about this ICR or the approval process, please contact the person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    44 U.S.C. 3501 et seq.

    Dated: November 27, 2017. Charlotte Bertrand, Acting Principal Deputy Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2017-26658 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9971-26—Region 8] Clean Air Act Operating Permit Program; Petition for Objection to State Operating Permit for PacifiCorp Energy—Hunter Power Plant (Emery County, Utah) AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of final order on a petition to object to a state operating permit.

    SUMMARY:

    The EPA Administrator signed an order, dated October 16, 2017, denying the petition submitted by the Sierra Club (Petitioner) objecting to the proposed Clean Air Act (CAA) title V operating permit issued to PacifiCorp Energy. The Order responds to the April 11, 2016 petition objecting to the proposed title V operating permit #1500101002 (Hunter Permit) issued by the Utah Department of Environmental Quality, Division of Air Quality (UDAQ) for the Hunter Power Plant in Castle Dale, Emery County, Utah. The Order constitutes a final action on the petition.

    ADDRESSES:

    You may review copies of the Order, the petition, and other supporting information at the EPA Region 8 Office, 1595 Wynkoop Street, Denver, Colorado 80202-1129. The EPA requests that if at all possible, you contact the individual listed in the FOR FURTHER INFORMATION CONTACT section to view these documents. You may view the hard copies Monday through Friday, 8 a.m. to 4 p.m., excluding federal holidays. The Order is also available electronically at: https://www.epa.gov/title-v-operating-permits/title-v-petition-database.

    FOR FURTHER INFORMATION CONTACT:

    Patrick Wauters, Air Program (8P-AR), EPA Region 8, 1595 Wynkoop Street, Denver, Colorado 80202-1129, (303) 312-6114, [email protected]

    SUPPLEMENTARY INFORMATION:

    The CAA affords the EPA a 45-day period to review and, as appropriate, the authority to object to operating permits proposed by state permitting authorities under title V of the CAA, 42 U.S.C. 7661-7661f. Section 505(b)(2) of the CAA and 40 CFR 70.8(d) authorize any person to petition the EPA Administrator to object to a title V operating permit within 60 days after the expiration of the EPA's 45-day review period if the EPA has not objected on its own initiative. Petitions must be based only on objections to the permit that were raised with reasonable specificity during the public comment period provided by the state, unless the petitioner demonstrates that it was impracticable to raise these issues during the comment period or the grounds for the issues arose after this period. Pursuant to sections 307(b) and 505(b)(2) of the Act, a petition for judicial review of those portions of the Order that deny issues in the petition may be filed in the United States Court of Appeals for the appropriate circuit within 60 days from the date this notice appears in the Federal Register.

    The EPA received a petition from the Petitioner, requesting that the EPA object to the proposed Hunter Permit for the Hunter Power Plant. The petitioner alleges that the Hunter Permit fails to ensure compliance with applicable requirements under the CAA in that: (1) The permit fails to include Prevention of Significant Deterioration (PSD) requirements; (2) the permit includes Plantwide Applicability Limits that are unlawful and invalid; (3) the permit fails to include unpermitted Approval Order Modifications in 2010, including Best Achievable Control Technology (BACT) requirements; (4) the permit fails to include 2010 PSD requirements, including BACT, for oxides of nitrogen; and (5) UDAQ failed to respond to the Petitioner's comments.

    On October 16, 2017, the Administrator issued an Order denying the petition. The Order explains the EPA's basis for denying the petition.

    Dated: November 27, 2017. Douglas H. Benevento, Regional Administrator, Region 8.
    [FR Doc. 2017-26623 Filed 12-8-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10395, The First National Bank of Florida, Milton, Florida

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10395, The First National Bank of Florida, Milton, Florida, has been authorized to take all actions necessary to terminate the Receivership Estate of The First National Bank of Florida (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26660 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10506, NBRS Financial, Rising Sun, Maryland

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10506, NBRS Financial, Rising Sun, Maryland, has been authorized to take all actions necessary to terminate the Receivership Estate of NBRS Financial (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26647 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10381, LandMark Bank of Florida, Sarasota, Florida

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10381, LandMark Bank of Florida, Sarasota, Florida, has been authorized to take all actions necessary to terminate the Receivership Estate of LandMark Bank of Florida (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26659 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10509, Northern Star Bank, Mankato, Minnesota

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10509, Northern Star Bank, Mankato, Minnesota, has been authorized to take all actions necessary to terminate the Receivership Estate of Northern Star Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26648 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10397, Citizens Bank of Northern California, Nevada City, California

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10397, Citizens Bank of Northern California, Nevada City, California, has been authorized to take all actions necessary to terminate the Receivership Estate of Citizens Bank of Northern California (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26641 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10391, First Southern National Bank, Statesboro, Georgia

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10391, First Southern National Bank, Statesboro, Georgia, has been authorized to take all actions necessary to terminate the Receivership Estate of First Southern National Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26640 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10072, Mirae Bank, Los Angeles, California

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 1007, Mirae Bank, Los Angeles, California, has been authorized to take all actions necessary to terminate the Receivership Estate of Mirae Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26634 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10160—SolutionsBank, Overland Park, Kansas

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10160, SolutionsBank, Overland Park, Kansas, has been authorized to take all actions necessary to terminate the Receivership Estate of SolutionsBank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26637 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10517, Hometown National Bank, Longview, Washington

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10517, Hometown National Bank, Longview, Washington, has been authorized to take all actions necessary to terminate the Receivership Estate of Hometown National Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26649 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10383, BankMeridian, N.A., Columbia, South Carolina

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10383, BankMeridian, N.A., Columbia, South Carolina, has been authorized to take all actions necessary to terminate the Receivership Estate of BankMeridian, N.A. (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26638 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10389, Public Savings Bank, Huntingdon Valley, Pennsylvania

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10389, Public Savings Bank, Huntingdon Valley, Pennsylvania, has been authorized to take all actions necessary to terminate the Receivership Estate of Public Savings Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26639 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10503, The Freedom State Bank, Freedom, Oklahoma

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10503, The Freedom State Bank, Freedom, Oklahoma, has been authorized to take all actions necessary to terminate the Receivership Estate of The Freedom State Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26646 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10151, Commerce Bank of Southwest Florida, Fort Myers, Florida

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10151, Commerce Bank of Southwest Florida, Fort Myers, Florida, has been authorized to take all actions necessary to terminate the Receivership Estate of Commerce Bank of Southwest Florida (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26636 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10133, Riverview Community Bank, Otsego, Minnesota

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10133, Riverview Community Bank, Otsego, Minnesota, has been authorized to take all actions necessary to terminate the Receivership Estate of Riverview Community Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26635 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10453, Second Federal Savings and Loan Association of Chicago, Chicago, Illinois

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10453, Second Federal Savings and Loan Association of Chicago, Chicago, Illinois, has been authorized to take all actions necessary to terminate the Receivership Estate of Second Federal Savings and Loan Association of Chicago (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26644 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10496, Vantage Point Bank, Horsham, Pennsylvania

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10496, Vantage Point Bank, Horsham, Pennsylvania, has been authorized to take all actions necessary to terminate the Receivership Estate of Vantage Point Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26645 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10415, Premier Community Bank of the Emerald Coast, Crestview, Florida

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10415, Premier Community Bank of the Emerald Coast, Crestview, Florida, has been authorized to take all actions necessary to terminate the Receivership Estate of Premier Community Bank of the Emerald Coast (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26642 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL DEPOSIT INSURANCE CORPORATION Notice of Termination of the Receivership of 10417, American Eagle Savings Bank, Boothwyn, Pennsylvania

    The Federal Deposit Insurance Corporation (FDIC or Receiver), as Receiver for 10417, American Eagle Savings Bank, Boothwyn, Pennsylvania, has been authorized to take all actions necessary to terminate the Receivership Estate of American Eagle Savings Bank (Receivership Estate); the Receiver has made all dividend distributions required by law.

    The Receiver has further irrevocably authorized and appointed FDIC-Corporate as its attorney-in-fact to execute and file any and all documents that may be required to be executed by the Receiver which FDIC-Corporate, in its sole discretion, deems necessary; including but not limited to releases, discharges, satisfactions, endorsements, assignments and deeds.

    Effective December 1, 2017, the Receivership Estate has been terminated, the Receiver discharged, and the Receivership Estate has ceased to exist as a legal entity.

    Dated: December 6, 2017. Federal Deposit Insurance Corporation. Robert E. Feldman, Executive Secretary.
    [FR Doc. 2017-26643 Filed 12-8-17; 8:45 am] BILLING CODE 6714-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meetings FEDERAL REGISTER CITATION NOTICE OF PREVIOUS ANNOUNCEMENT:

    82 FR 57265, December 4, 2017.

    PREVIOUSLY ANNOUNCED TIME AND DATE OF THE MEETING:

    Thursday, December 7, 2017 at 10:00 a.m.

    CHANGES IN THE MEETING:

    The Following Matter Was Also Considered: Assessment of Commission Action on Enforcement Matters Awaiting Reason-to-Believe Consideration.

    CONTACT PERSON FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-26767 Filed 12-7-17; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting TIME AND DATE:

    Thursday, December 14, 2017 at 10:00 a.m.

    PLACE:

    999 E Street, NW., Washington, DC. (Ninth Floor)

    STATUS:

    This meeting will be open to the public.

    MATTERS TO BE CONSIDERED:

    Audit Division Recommendation Memorandum on the Hawaii Democratic Party (HDP) (A13-07) Draft Advisory Opinion 2017-12: Take Back Action Fund Assessment of Commission Action on Enforcement Matters Awaiting Reason-to-Believe Consideration Legislative Recommendations 2018 Meeting Dates Election of Officers Management and Administrative Matters CONTACT PERSON FOR MORE INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Dayna C. Brown, Secretary and Clerk, at (202)694-1040, at least 72 hours prior to the meeting date.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-26769 Filed 12-7-17; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

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

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

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 4, 2018.

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

    1. Grok Bancshares, Inc., St. Louis, Missouri; to become a bank holding company by acquiring 100 percent of the voting shares of Clifford Bancshares, Inc., Troy, Missouri, and thereby indirectly acquire CBC Bank, Bowling Green, Missouri.

    2. Reliable Community Bancshares, Inc., Perryville, Missouri; to acquire 100 percent of the voting shares of Martinsburg Bancorp, Inc., Martinsburg, Missouri, and thereby indirectly acquire Martinsburg Bank & Trust Company, Mexico, Missouri.

    In connection with this proposal, Applicant has applied to acquire Martinsburg Acquisition Corp., Perryville, Missouri, which has applied to become a bank holding company by acquiring 100 percent of the voting shares of Martinsburg Bancorp, Inc., Martinsburg, Missouri, and thereby indirectly acquire Martinsburg Bank & Trust Company, Mexico, Missouri.

    Board of Governors of the Federal Reserve System, December 5, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-26545 Filed 12-8-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Notice of Proposals To Engage in or To Acquire Companies Engaged in Permissible Nonbanking Activities

    The companies listed in this notice have given notice under section 4 of the Bank Holding Company Act (12 U.S.C. 1843) (BHC Act) and Regulation Y, (12 CFR part 225) to engage de novo, or to acquire or control voting securities or assets of a company, including the companies listed below, that engages either directly or through a subsidiary or other company, in a nonbanking activity that is listed in § 225.28 of Regulation Y (12 CFR 225.28) or that the Board has determined by Order to be closely related to banking and permissible for bank holding companies. Unless otherwise noted, these activities will be conducted throughout the United States.

    Each notice is available for inspection at the Federal Reserve Bank indicated. The notice also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the question whether the proposal complies with the standards of section 4 of the BHC Act.

    Unless otherwise noted, comments regarding the applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than December 27, 2017.

    A. Federal Reserve Bank of New York (Ivan Hurwitz, Vice President) 33 Liberty Street, New York, New York 10045-0001. Comments can also be sent electronically to [email protected]:

    1. CLS Group Holdings AG, Lucerne, Switzerland; to engage indirectly through its subsidiary CLS Services Ltd., London, United Kingdom, in data processing activities, pursuant to section 225.28(b)(14) of Regulation Y.

    Board of Governors of the Federal Reserve System, December 5, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-26544 Filed 12-8-17; 8:45 am] BILLING CODE P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

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

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

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than January 5, 2018.

    A. Federal Reserve Bank of San Francisco (Gerald C. Tsai, Director, Applications and Enforcement) 101 Market Street, San Francisco, California 94105-1579:

    1. FNBEly Bancorporation; to become a bank holding company by acquiring 100 percent of the outstanding voting shares of The First National Bank of Ely, both of Ely, Nevada.

    Board of Governors of the Federal Reserve System, December 6, 2017. Ann E. Misback, Secretary of the Board.
    [FR Doc. 2017-26580 Filed 12-8-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RETIREMENT THRIFT INVESTMENT BOARD Sunshine Act Meeting Notice of Board Member Meeting

    AGENDA: Federal Retirement Thrift Investment Board, December 18, 2017, 10:00 a.m. (Telephonic)

    Open Session 1. Approval of the minutes for the November 28, 2017 Board Member Meeting 2. Monthly Reports (a) Participant Activity (b) Investment Performance (c) Legislative Report 3. OGC Annual Report 4. Blended Retirement Update Adjourn CONTACT PERSON FOR MORE INFORMATION:

    Kimberly Weaver, Director, Office of External Affairs, (202) 942-1640.

    Dated: December 7, 2017. Megan Grumbine, General Counsel, Federal Retirement Thrift Investment Board.
    [FR Doc. 2017-26713 Filed 12-7-17; 11:15 am] BILLING CODE 6760-01-P
    FEDERAL TRADE COMMISSION Granting of Requests for Early Termination of the Waiting Period Under the Premerger Notification Rules

    Section 7A of the Clayton Act, 15 U.S.C. 18a, as added by Title II of the Hart-Scott-Rodino Antitrust Improvements Act of 1976, requires persons contemplating certain mergers or acquisitions to give the Federal Trade Commission and the Assistant Attorney General advance notice and to wait designated periods before consummation of such plans. Section 7A(b)(2) of the Act permits the agencies, in individual cases, to terminate this waiting period prior to its expiration and requires that notice of this action be published in the Federal Register.

    The following transactions were granted early termination—on the dates indicated—of the waiting period provided by law and the premerger notification rules. The listing for each transaction includes the transaction number and the parties to the transaction. The grants were made by the Federal Trade Commission and the Assistant Attorney General for the Antitrust Division of the Department of Justice. Neither agency intends to take any action with respect to these proposed acquisitions during the applicable waiting period.

    Early Terminations Granted November 1, 2017 Through November 30, 2017 11/01/2017 20180080 G General Atlantic Partners 100, L.P.; Anthony Casalena; General Atlantic Partners 100, L.P. 11/02/2017 20180103 G ACOF IV CWC AIV Blocked Feeder, L.P.; FWC Holdings LLC; ACOF IV CWC AIV Blocked Feeder, L.P. 11/03/2017 20171612 S Red Ventures Holdco, LP; Bankrate, Inc.; Red Ventures Holdco, LP. 20171955 G Tyson 2009 Family Trust; Nicholas J. Karamatsoukas; Tyson 2009 Family Trust. 20180041 G CVC Growth Partners L.P.; Actua Corporation; CVC Growth Partners L.P. 20180078 G Shandong Weigao Group Medical Polymer Co. Ltd.; RoundTable Healthcare Partners III, L.P.; Shandong Weigao Group Medical Polymer Co. Ltd. 20180081 G L. John Doerr; Essence Group Holdings Corporation; L. John Doerr. 20180089 G JP Morgan Chase & Co.; WePay, Inc.; JP Morgan Chase & Co. 20180121 G Eagle Parent Holdings, LLC; Zyme Holdings, Inc.; Eagle Parent Holdings, LLC. 20180123 G Mr. Aloke Lohia and Mrs. Suchitra Lohia; DowDuPont Inc.; Mr. Aloke Lohia and Mrs. Suchitra Lohia. 20180124 G Mr. Aloke Lohia and Mrs. Suchitra Lohia; Teijin Limited; Mr. Aloke Lohia and Mrs. Suchitra Lohia. 20180133 G Tailwind Capital Partners II, L.P.; HMTBP Holdings Inc.; Tailwind Capital Partners II, L.P. 20180150 G Solace Capital Special Situations Fund, L.P.; The Sterling Group; Solace Capital Special Situations Fund, L.P. 20180151 G ISQ Global Infrastructure Fund, L.P.; BP Natural Gas Opportunity Partners, LP; ISQ Global Infrastructure Fund, L.P. 20180156 G OHCP Silver Surfer Holdings Corp.; Dobbs Frenkel Investment Partnership; OHCP Silver Surfer Holdings Corp. 20180158 Y Emerson Electric Co.; APAX Europe VII-B, L.P.; Emerson Electric Co. 20180161 G EXC Holdings I Corp.; Excelitas Technologies Holdings LLC; EXC Holdings I Corp. 11/06/2017 20180085 G Siris Partners III, L.P.; Synchronoss Technologies, Inc.; Siris Partners III, L.P. 20180086 G Siris Partners III, L.P.; Synchronoss Technologies, Inc.; Siris Partners III, L.P. 20180095 G Odyssey Investment Partners Fund V, LP; Excellere Capital Fund II, LP; Odyssey Investment Partners Fund V, LP. 11/08/2017 20170926 G Entercom Communications Corp.; Mr. Sumner Redstone; Entercom Communications Corp. 20171663 G Entercom Communications Corp.; Bain Capital (CC) IX, L.P.; Entercom Communications Corp. 20171664 G Entercom Communications Corp.; Thomas H. Lee Equity Fund VI, L.P.; Entercom Communications Corp. 20180060 G Entercom Communications Corp.; Bain Capital (CC) IX, L.P.; Entercom Communications Corp. 20180061 G Entercom Communications Corp.; Thomas H. Lee Equity Fund VI, L.P.; Entercom Communications Corp. 20180128 G Mr. Stefano Pessina; Walgreens Boots Alliance, Inc.; Mr. Stefano Pessina. 20180154 G Alphabet Inc.; Lyft, Inc.; Alphabet Inc. 11/09/2017 20180070 G Friedman Fleischer & Lowe Capital Partners III, L.P.; Richard J. Kurtz; Friedman Fleischer & Lowe Capital Partners III, L.P. 20180109 G HomeServe plc; Dominion Energy, Inc.; HomeServe plc. 20180143 G DowDuPont Inc.; AgroFresh Solutions, Inc.; DowDuPont Inc. 11/13/2017 20180088 G Akamai Technologies, Inc.; Nominum, Inc.; Akamai Technologies, Inc. 11/14/2017 20180044 G Colfax Corporation; CIRCOR International, Inc.; Colfax Corporation. 20180155 G Audax Private Equity Fund V-A, L.P.; Wolters Kluwer N.V.; Audax Private Equity Fund V-A, L.P. 20180160 G New Omaha Holdings L.P.; BluePay Holdings, Inc.; New Omaha Holdings L.P. 20180165 G Mr. Gregory Lindberg; Resolution Life L.P.; Mr. Gregory Lindberg. 20180174 G M5 Midstream LLC; M5 Louisiana Gathering, LLC; M5 Midstream LLC. 20180178 G C&J Energy Services, Inc.; White Deer Energy L.P.; C&J Energy Services, Inc. 20180179 G Tailwind Capital Partners III, L.P.; BP SCI, LLC; Tailwind Capital Partners III, L.P. 20180180 G ECN Capital Corp.; Triad Financial Services, Inc.; ECN Capital Corp. 20180183 G Insight Venture Partners X, L.P.; Revere Superior Holding, Inc.; Insight Venture Partners X, L.P. 20180190 G Vitol Holding II S.A.; Noble Group Limited; Vitol Holding II S.A. 20180191 G CTEC 1 S.a.r.L; Faenza Holding S.a.r.L; CTEC 1 S.a.r.L. 20180198 G CPTC Acquisition, LLC; California Proton Treatment Center, LLC; CPTC Acquisition, LLC. 11/15/2017 20180144 G Delphi Automotive PLC; nuTonomy, Inc.; Delphi Automotive PLC. 20180175 G Holcombe T. Green, Jr.; Fusion Telecommunications International, Inc.; Holcombe T. Green, Jr. 20180189 G Intercontinental Exchange, Inc.; Vincent Viola; Intercontinental Exchange, Inc. 20180195 G Kerry Group plc; Tyson 2009 Family Trust; Kerry Group plc. 11/17/2017 20180132 G Hearthside Group Holdings, LLC; Standard Candy Holdings, Inc.; Hearthside Group Holdings, LLC. 20180186 G Robert E. Rich Jr.; James Nicholas DeSisto; Robert E. Rich Jr. 20180194 G Joel Freedman; Tenet Healthcare Corporation; Joel Freedman. 20180196 G EQT Infrastructure II Limited Partnership; Seacastle, Inc.; EQT Infrastructure II Limited Partnership. 20180199 G Henkel AG & Co. KGaA; Shiseido Company, Limited; Henkel AG & Co. KGaA. 20180203 G Masco Corporation; William Rowley; Masco Corporation. 20180206 G Kodiak Building Products Inc.; Wolverine Investors, LLC; Kodiak Building Products Inc. 20180207 G Vista Equity Partners Fund VI, L.P.; Vista Foundation Fund II, L.P.; Vista Equity Partners Fund VI, L.P. 20180208 G Vista Foundation Fund II, L.P.; Vista Equity Partners Fund VI, L.P.; Vista Foundation Fund II, L.P. 20180209 G Vista Equity Partners Fund VI, L.P.; Austin McChord; Vista Equity Partners Fund VI, L.P. 20180210 G Rhone Partners V L.P.; Hudson's Bay Company; Rhone Partners V L.P. 20180213 G Proofpoint, Inc.; Cloudmark, Inc.; Proofpoint, Inc. 20180216 G Riverstone Global Energy and Power Fund V, L.P.; Gilmore E. Caswell III; Riverstone Global Energy and Power Fund V, L.P. 20180217 G Riverstone Global Energy and Power Fund V, L.P.; Wes L. Caswell; Riverstone Global Energy and Power Fund V, L.P. 20180218 G South Dakota Wheat Growers Association; North Central Farmers Elevator; South Dakota Wheat Growers Association. 20180228 G BNP Paribas S.A.; Janus Henderson Group plc; BNP Paribas S.A. 20180237 G TPG Partners VII, L.P.; Exactech, Inc.; TPG Partners VII, L.P. 11/20/2017 20180122 G Industrial Alliance Insurance and Financial Services, Inc.; James B. Smith; Industrial Alliance Insurance and Financial Services, Inc. 20180222 G Electronic Arts Inc.; Vince Zampella; Electronic Arts Inc. 11/21/2017 20180167 G GSO Diamond Portfolio Fund LP; NewStar Financial, Inc.; GSO Diamond Portfolio Fund LP. 20180168 G BCP CC Holdings L.P.; NewStar Financial, Inc.; BCP CC Holdings L.P. 20180176 G Astronics Corporation; Gloria J.B. and Paul C. Burke; Astronics Corporation. 20180188 G Hormel Foods Corporation; Arbor Investments III, L.P.; Hormel Foods Corporation. 20180225 G Tabbassum Mumtaz; Yum! Brands, Inc.; Tabbassum Mumtaz. 20180230 G Vestar Capital Partners VI, L.P.; Wind Point Partners, VII-A, L.P.; Vestar Capital Partners VI, L.P. 20180232 G Elliott International Limited; Gigamon Inc.; Elliott International Limited. 20180239 G Andrew W. Houston; Dropbox, Inc.; Andrew W. Houston. 11/22/2017 20171045 G Schlumberger N.V. (Schlumberger Limited); A to-be-formed Delaware limited liability company; Schlumberger N.V. (Schlumberger Limited). 20180125 G Aramark; Marriott International, Inc.; Aramark. 20180130 G Graphic Packaging Holding Company; Gazelle Newco, LLC; Graphic Packaging Holding Company. 20180219 G Sudzucker AG; Centerview Capital, L.P.; Sudzucker AG. 20180236 G Strayer Education, Inc.; Capella Education Company; Strayer Education, Inc. 20180240 G Arash Ferdowsi; Dropbox, Inc.; Arash Ferdowsi. 20180245 G Terry Taylor; Roger S. Penske; Terry Taylor. 20180252 G TransMontaigne Partners L.P.; Plains All American Pipeline, L.P.; TransMontaigne Partners L.P. 20180255 G AE Industrial Partners Fund I, L.P.; EnCore Composites Holdings, Inc.; AE Industrial Partners Fund I, L.P. 11/27/2017 20180233 G Potlatch Corporation; Deltic Timber Corporation; Potlatch Corporation. 11/28/2017 20180182 G The Hearst Family Trust; Maria Rodale; The Hearst Family Trust. 20180211 G Saputo Inc.; Arnaud Solandt; Saputo Inc. 20180220 G Cargill, Incorporated; CW Brand Holdings, Inc.; Cargill, Incorporated. 20180246 G TPG Asia VI, L.P.; Dong Hwan Koh; TPG Asia VI, L.P. 20180247 G Andina Acquisition Corp. II; Wayzata Opportunities Fund II, L.P.; Andina Acquisition Corp. II. 20180253 G Gregory B. Maffei; Liberty Interactive Corporation; Gregory B. Maffei. 20180258 G Innergex Renewable Energy Inc.; Alterra Power Corp.; Innergex Renewable Energy Inc. 20180279 G Proto Labs, Inc.; James L. Jacobs, II; Proto Labs, Inc. 20180284 G Thoma Bravo Fund XII, L.P.; Jim Bottin Enterprises, Inc.; Thoma Bravo Fund XII, L.P. 20180285 G William G. Davis; David Hudson; William G. Davis. 11/29/2017 20180242 G H.I.G. Capital Partners V, L.P.; Velocity Solutions, LLC; H.I.G. Capital Partners V, L.P. 20180256 G LM Tortoise Holdings LLC; Martin C. Bicknell; LM Tortoise Holdings LLC. 20180262 G Karman Topco L.P.; Bain Capital Asia Fund III, L.P.; Karman Topco L.P. 20180271 G Owens & Minor, Inc.; Halyard Health, Inc.; Owens & Minor, Inc. 20180286 G Unilever N.V.; Starbucks Corporation; Unilever N.V. 20180295 G GEPIF II Bravo AIV, L.P.; SemGroup Corporation; GEPIF II Bravo AIV, L.P. 20180296 G GEPIF II Bravo AIV, L.P.; NGL Energy Partners LP; GEPIF II Bravo AIV, L.P. 20180298 G Energy Capital Partners III-C Offshore Feeder, LP; Sunnova Energy Corporation; Energy Capital Partners III-C Offshore Feeder, LP. 11/30/2017 20180250 G Naspers Limited; Remitly, Inc.; Naspers Limited. 20180259 G Anthem, Inc.; Kiran C. Patel; Anthem, Inc. 20180277 G Eurazeo SE.; Planet Payment, Inc.; Eurazeo SE. 20180278 G Madison Dearborn Capital Partners VII-A, L.P.; AmTrust Financial Services, Inc.; Madison Dearborn Capital Partners VII-A, L.P. For Further Information Contact:

    Theresa Kingsberry, Program Support Specialist, Federal Trade Commission Premerger Notification Office, Bureau of Competition, Room CC-5301, Washington, DC 20024, (202) 326-3100.

    By direction of the Commission.

    Donald S. Clark, Secretary.
    [FR Doc. 2017-26578 Filed 12-8-17; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [OMB Control No. 9000-0037; Docket 2017-0053; Sequence 9] Submission for OMB Review; Presolicitation Notice and Response AGENCY:

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

    ACTION:

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

    SUMMARY:

    Under the provisions of the Paperwork Reduction Act, the Regulatory Secretariat Division (MVCB) will be submitting to the Office of Management and Budget (OMB) a request to review and approve an extension of a previously approved information collection requirement concerning pre-solicitation notice and response. A notice was published in the Federal Register at 82 FR 40001 on August 23, 2017. No comments were received.

    DATES:

    Submit comments on or before January 10, 2018.

    ADDRESSES:

    Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to: Office of Information and Regulatory Affairs of OMB, Attention: Desk Officer for GSA, Room 10236, NEOB, Washington, DC 20503. Additionally submit a copy to GSA by any of the following methods:

    Regulations.gov: http://www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching the OMB Control number 9000-0037. Select the link “Comment Now” that corresponds with “Information Collection 9000-0037, Presolicitation Notice and Response”. Follow the instructions provided on the screen. Please include your name, company name (if any), and “Information Collection 9000-0037, Presolicitation Notice and Response” on your attached document.

    Mail: General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405. ATTN: Ms. Mandell/IC 9000-0037, Presolicitation Notice and Response.

    Instructions: Please submit comments only and cite Information Collection 9000-0037, Presolicitation Notice and Response, in all correspondence related to this collection. Comments received generally will be posted without change to http://www.regulations.gov, including any personal and/or business confidential information provided. To confirm receipt of your comment(s), please check www.regulations.gov, approximately two to three days after submission to verify posting (except allow 30 days for posting of comments submitted by mail).

    FOR FURTHER INFORMATION CONTACT:

    Mr. Curtis E. Glover, Sr. Procurement Analyst, Acquisition Policy Division, GSA 202-501-1448 or [email protected]

    SUPPLEMENTARY INFORMATION: A. Purpose

    Presolicitation notices are used by the Government for several reasons, one of which is to aid prospective contractors in submitting proposals without undue expenditure of effort, time, and money. The Government also uses the presolicitation notices to control printing and mailing costs. The presolicitation notice response is used to determine the number of solicitation documents needed, and to assure that interested offerors receive the solicitation documents. The responses are placed in the contract file, and referred to, when solicitation documents are ready for mailing.

    After mailing, the responses remain in the contract file and become a matter of record. The FAR sections affected are: 4.5; 14.205; 15.201(c) and 36.213-2. The responses are placed in the contract file and referred to when solicitation documents are ready for mailing. After mailing, the responses remain in the contract file and become a matter of record. FedBizOpps is an electronic method for publicizing contract opportunities. The number of presolicitation notices issued government-wide in the last 365 days (as of August 11, 2017) per FedBizOpps was 7,952.

    We estimate that three respondents on average would reply to a presolicitation notice. Based on this information, we feel that the estimated respondents would number 23,856. We also estimate that each respondent on average would reply to three presolicitation notices a year. Time required to read and prepare information is estimated at five minutes per completion.

    The burden has increased from the one in Federal Register Notice 79 FR 49316, dated August 20, 2014, due to the additional number of presolicitation notices issued by the Federal Government in FedBizOpps. This had the effect of expanding the number of respondents who would be affected by the collection.

    B. Annual Reporting Burden

    Respondents: 16,699.

    Responses per Respondent: 3.

    Annual Responses: 50,097.

    Hours per Response: .08.

    Total Burden Hours: 4,008.

    C. Public Comments

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

    Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat Division (MVCB), 1800 F Street NW., Washington, DC 20405, telephone 202-501-4755.

    Please cite OMB Control No. 9000-0037, Presolicitation Notice and Response, in all correspondence.

    Dated: December 4, 2017. Lorin S. Curit, Director, Federal Acquisition Policy Division, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy.
    [FR Doc. 2017-26570 Filed 12-8-17; 8:45 am] BILLING CODE 6820-EP-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket No. CDC-2017-0117] National Health and Nutrition Examination Survey (NHANES) Stored Biologic Samples; Proposed Cost Schedule and Guidelines for Proposals to Use Serum, Plasma, and Urine Samples AGENCY:

    Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Disease Control and Prevention (CDC) in the Department of Health and Human Services (HHS) announces the availability of stored sera, plasma, and urine samples obtained from participants in the National Health and Nutrition Examination Survey (NHANES) for use and the fee schedule for such use. The National Health and Nutrition Examination Survey (NHANES) is one of a series of health-related surveys conducted by CDC's National Center for Health Statistics (NCHS).

    DATES:

    The stored NHANES biologic samples are available December 11, 2017. The fee structure for these samples is effective December 11, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Dr. Geraldine McQuillan, National Center for Health Statistics, Centers for Disease Control and Prevention, 3311 Toledo Road, Hyattsville, MD 20782. Telephone: 301-458-4371; Fax: 301-458-4029; Email: [email protected]

    Authority:

    Sections 301,306 and 308 of the Public Health Service Act (42 U.S.C. 241,242k and 242M).

    SUPPLEMENTARY INFORMATION:

    NHANES is a program of periodic surveys conducted by NCHS. Examination surveys conducted since 1960 by NCHS have provided national estimates of the health and nutritional status of the U.S. civilian non-institutionalized population. The goals of NHANES are: (1) To estimate the number and percent of persons in the U.S. population and designated subgroups with selected diseases and risk factors; (2) to monitor trends in the prevalence, awareness, treatment and control of selected diseases; (3) to monitor trends in risk behaviors and environmental exposures; (4) to analyze risk factors for selected diseases; (5) to study the relationship between diet, nutrition and health; (6) to explore emerging public health issues and new technologies; and (7) to establish and maintain a national probability sample of baseline information on health and nutrition status.

    Samples are available from NHANES III and the continuous NHANES that started in 1999. Approximately 30,000 individuals were examined in NHANES III, which began in the fall of 1988, and ended in the fall of 1994. Researchers can analyze data from this survey in two phases. Phase 1 was conducted from October 1988 to October 1991 and Phase 2 began October 1991 and ended October 1994. Though participants consented to storing samples of their blood and urine for future testing, only research proposals with test results that are judged not to have clinical significance for participants will be accepted. See: http://www.cdc.gov/nchs/nhanes/nhanes3.htm, for more information on NHANES III.

    Beginning in 1999, NHANES became a continuous, annual survey with examination of approximately 5,000 individuals a year and data release every two years. Samples from a single year of the survey will only be provided in emergency situations (outbreaks). Research projects must use two-year cycles or multiple two year cycles for their research (i.e. 1999-2000, 2001-2002 etc.) In order to assure the representative nature of NHANES at least a 1/3 sample of a two year cycle must be requested for an individual proposal. For details of the sampling design, see the Analytic Guidelines at: https://wwwn.cdc.gov/nchs/nhanes/analyticguidelines.aspx.

    Starting in 1999, the consent form informed participants that they would not receive results from any future laboratory analysis that may be conducted on their samples. Therefore, only research proposals with laboratory test results that do not have clinical significance to the survey participant will be accepted. Clinical significance of a laboratory test will be judged by the technical panel reviewing proposals, and the researcher should address this in the research proposal. A laboratory analyte is considered clinically significant to the survey participant if the following criteria are met: The findings have significant implications for the participant's health, a course of action is readily available to treat the associated health concern, and laboratory tests are performed by a Clinical Laboratory Improvement Amendments (CLIA)-certified laboratory and therefore deemed valid.

    Serum, plasma, and urine samples are currently available from NHANES III (conducted from 1988-1994) and from NHANES 1999-2016 (Table A).

    Serum, plasma, and urine samples are stored in two biorepositories. Surplus samples that were initially used for laboratory assays included in the surveys, were stored at −70 °C and have been through at least two freeze-thaw cycles. They are stored at a commercial biorepository under contract to NCHS. In addition, serum, plasma, and urine samples were also stored immediately after collection at −80 °C or below in vapor-phase liquid nitrogen. These samples have not undergone a freeze-thaw cycle and are considered pristine samples. The CDC and Agency for Toxic Substances and Disease Registry (ATSDR) Sample Packaging and Handling Repository (CASPIR) is the long-term repository for the pristine NHANES serum, plasma, and urine samples. NCHS is making both of these collections available for research proposals. Proposals that request pristine samples stored at CASPIR should justify the use of the unthawed samples. Please see the NHANES Biospecimen Program series report for details about collection and storage of serum, plasma, and urine samples http://www.cdc.gov/nchs/data/series/sr_02/sr02_170.pdf.

    Table A—Overview of Biospecimens by Survey Year, NHANES III (1988-1994) and NHANES 1999-2014 NHANES Cycle Sample Type Pristine 1 Sera Plasma Urine Surplus 2 Sera Plasma Urine III (1988-1994) X X 1999-2000 X X X X X X 2001-2002 X X X X X X 2003-2004 X X X X 2005-2006 X X X X 2007-2008 X X X X 2009-2010 X X X X 2011-2012 X X X 2013-2014 X X X 2015-2016 X X X 1 Samples immediately frozen for storage, did not undergo laboratory testing. 2 Samples were surplus after laboratories had completed testing. Proposal Evaluation

    All proposals for use of NHANES samples will be evaluated by a Technical Panel for scientific merit, public health significance, and lack of clinical significance to the participant; by the NCHS Confidentiality Officer for disclosure risk; and by the NCHS Human Subjects Officer and the ERB for any potential human subjects concerns. The NCHS Ethics Review Board (ERB) will review the proposal even if the investigator has received approval by their institutional review panel.

    The Technical Panel consists of NHANES staff: Two physicians, one statistician and two laboratory experts, other experts from inside or outside the Federal Government are added as needed. The Technical Panel will evaluate the proposal for the scientific, technical and medical significance of the research, the appropriateness and adequacy of the research design, and the methodology proposed to reach the research goals. See `Criteria for Technical Evaluation of Proposals' below. The proposal should outline how the results from the laboratory analysis will be used. Because NHANES is a complex, multistage probability sample of the U.S. population, the appropriateness of the NHANES sample to address the goals of the proposal will be an important aspect of scientific merit.

    The survey oversamples the two largest race/ethnic minority groups, non-Hispanic blacks and Mexican Americans (and all Hispanics since 2007-08), and, since 2011-2012, Asians. Sampling weights are therefore used to make national estimates of frequencies. The use of weights, sampling frame and methods of assessment of variables included in the data are likely to affect the proposed research. For this reason proposers are required to request at least a 1/3 sample of a NHANES cycle to maintain the representative nature of the survey.

    The Technical Panel will also review the data analysis plan and evaluate whether the proposal is an appropriate use of the NHANES samples. The investigators should justify why they need a national probability sample for their research. The Technical Panel will assure that the proposed project does not go beyond either the general purpose for collecting the samples in the survey, or of the specific stated goals of the proposal.

    Investigators are encouraged to review the NHANES data, survey documents, manuals and questionnaires at: http://www.cdc.gov/nchs/nhanes/nhanes_questionnaires.htm or for NHANES III: https://wwwn.cdc.gov/nchs/nhanes/nhanes3/datafiles.aspx

    Procedures for Proposals

    All investigators (including CDC investigators) must submit a proposal for use of NHANES serum, plasma, or urine samples. Proposals are limited to a maximum of 10 single-spaced typed pages, excluding figures and tables, using at least a size 10 font 10cpi. The cover of the proposal should include the name, address, and phone number and Email address of the principal investigator (PI) and the name of the institution where the laboratory analysis will be done. All proposals should be Emailed to [email protected]v. Proposals must include a cover page with the title of the proposal and the name, address, phone number and Email address of all investigators. Proposals from CDC investigators must also include investigators scientific ethics verification number.

    The following criteria will be used for technical evaluation of proposals:

    Proposals should include the following information:

    (1) Specific Aims: List the broad objectives; describe concisely and realistically what the research is intended to accomplish, and state the specific hypotheses to be tested. NHANES is designed to provide prevalence estimates of diseases or conditions that are expected to affect at least 5-10 percent of the population. Research proposals that expect much lower prevalence estimates need to provide more detail on why samples from NHANES are needed for the project and provide details on how these data will be analyzed.

    (2) Background and Public Health Significance: Describe the public health significance, scientific merit, and practical utility of the assay. Briefly describe in 1-2 pages the background of the proposal, identifying gaps in knowledge that the project is intended to fill. State concisely the importance of the research in terms of the broad, long-term objectives and public health relevance including a discussion of how the results will affect public health policy or further scientific knowledge. The proposal should justify the need for samples that are representative of the U.S. population. The proposer should convey how the results will be used and the relationship of the results to the data already collected in NHANES. The analyses should be consistent with the NHANES mission and the health status variables.

    (3) Research Design and Methods: Describe the research design, analytic plan, and the procedures to be used. A detailed description of laboratory methods including validity and reliability must be included with references. The volume of sample and number of samples requested must be specified. Adequate methods for handling and storage of samples must also be addressed. The laboratory must demonstrate expertise in the proposed laboratory test including the capability for handling the workload requested in the proposal. The proposal should also include a justification for determination of sample size or a power calculation. If the researcher is requesting a sub-sample of samples, a detailed description and justification, must be given. The researcher must describe how this sub-sample will be re-weighted to provide national estimates.

    The program will evaluate the Investigator's submitted proposal study design and analysis plan to determine whether the project is consistent with the design of the NHANES survey. In general, resulting data will be released in the public domain. Released data from sub-samples may be less useful to the research community, so such requests will receive a lower priority for the samples.

    (4) Clinical Significance of Results: Address the clinical significance to the survey participant of the proposed laboratory test. Since the consent document for sample storage and future studies states that individual results will not be provided to the participant, the investigator must address whether there is definitive evidence that the proposed test results have health implications to the participants and whether knowledge of results would provide grounds for medical intervention (even if many years have passed since the participant was in the survey and the sample collected). Any test with results that are clinically significant, and would require reporting to the participant, is not appropriate for testing on the stored serum, plasma, or urine samples; laboratory testing that is clinically significant should be considered for inclusion in a concurrent NHANES survey.

    (5) Qualification: Provide a brief description of the Principal Investigator's expertise in the proposed area, including publications in this area within the last three years. A representative sample of earlier publications may be listed as long as this section does not exceed two pages.

    (6) Period of Performance: Specify the project time period. Substantial progress must be made in the first year that samples have been obtained, and the project should be completed within a reasonable time period. Please discuss the approximate time the investigator expects this project will take to complete the project. At the end of the project period, any unused samples must be returned to the NHANES Specimen Repository or discarded. The NCHS Project Officer must be consulted about the disposition of the samples.

    (7) Funding: The source and status of the funding to perform the requested laboratory analysis should be included. Investigators will be responsible for the cost of processing and shipping the samples. The cost per sample is $13.00. The basis for the cost structure is in the last section of this document. Reimbursement for the samples will be collected before the samples are released.

    Submission of Proposals

    Proposals can be submitted in MS Word format by Email to: Dr. Geraldine McQuillan (see FOR FURTHER INFORMATION CONTACT).

    Project Timeframes • Submitting Proposals: Can be submitted on an ongoing basis • Scientific Review Date: Within two months of proposal submission • Institutional Review Date: Within one month of final proposal acceptance • Anticipated distribution of samples: One month after ERB approval Approved Proposals

    Approved projects will be provided samples after receipt of a signed Materials Transfer Agreement (MTA) and a check (written to The Centers for Disease Control and Prevention) for the cost of the samples or for Federal Government proposals a signed Interagency Agreement (IAA). All laboratory results obtained from the samples must be sent back to NCHS to be linked to the variables requested by the investigator that are needed to perform a quality control review of the data under a signed Data Sharing Agreement or a Designated Agent Agreement. This review must take place within 60 days of the return of the data to NCHS so these data may be released to the public. All files will also undergo disclosure review at NCHS before release.

    Agency Agreement

    A formal signed agreement in the form of a MTA or an IAA with investigators who have projects approved will be completed before the release of the samples. This agreement will contain the conditions for use of the samples as stated in this document and as agreed upon by the investigators and CDC.

    Continuations

    A brief progress report will be submitted annually. This will be the basis for the NCHS ERB continuation reports that are required annually. After 5 years of annual continuations, if there is need for continued use of samples to complete the protocol study, a new protocol is required.

    Disposition of Results and Samples

    No samples provided can be used for any purpose other than those specifically requested in the proposal and approved by the Technical Panel and the NCHS ERB. No samples can be shared with others, including other investigators, unless specified in the proposal and so approved. Any unused samples must be returned to the NHANES Serum, Plasma and Urine Repository or disposed of, after NHANES approval, upon completion of the approved project. These results, once returned to NCHS, will be part of the public domain. The proposer will have 60 days for quality control review of the data before public release.

    Cost Schedule for Providing NHANES Samples

    There is a nominal processing fee of $13.00 for each sample received from the NHANES Serum, Plasma and Urine Repository. If the investigator requests to use the samples for another project after the completion of the initial project, the cost will be $5.00 per sample to handle the processing of the data and management of the proposal process. The costs include the collection, storage, and processing of the samples along with the review of proposals and the preparation of the data files. The costs listed are for the recurring laboratory materials to dispense and prepare the samples during collection and for shipping; the computer software needed for the preparation of the data files and for the release of the data along with documentation on the NHANES Web page. See: https://www.cdc.gov/nchs/nhanes/about_nhanes.htm. Labor costs are based on a proposal administrator and computer programmers at NCHS to prepare the data files. The storage and pulling the samples from the freezer fees include the costs for the NHANES repository.

    Fee Schedule for NHANES Biologic Samples Cost factors Cost per vial Material and Equipment $2.85 Processing the samples (Receiving, handling and shipping) 2.15 Administrative, management of the proposal process 1.50 Inventory management 1.50 Preparation of data files 3.50 Subtotal 11.50 CDC Support (5%) 0.58 Subtotal 12.08 NCHS Support (7.50%) 0.91 Total 13.00 * • Total is rounded up from $12.99 Dated: December 5, 2017. Sandra Cashman, Executive Secretary, Centers for Disease Control and Prevention.
    [FR Doc. 2017-26591 Filed 12-8-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10142] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, Department of Health and Human Services.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by January 10, 2018.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR Email: [email protected]

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Revision of a currently approved collection; Title of Information Collection: Bid Pricing Tool (BPT) for Medicare Advantage (MA) Plans and Prescription Drug Plans (PDP); Use: We require that Medicare Advantage organizations and Prescription Drug Plans complete the BPT as part of the annual bidding process. During this process, organizations prepare their proposed actuarial bid pricing for the upcoming contract year and submit them to us for review and approval. The purpose of the BPT is to collect the actuarial pricing information for each plan. The BPT calculates the plan's bid, enrollee premiums, and payment rates. We publish beneficiary premium information using a variety of formats (www.medicare.gov, the Medicare & You handbook, Summary of Benefits marketing information) for the purpose of beneficiary education and enrollment. Form Number: CMS-10142 (OMB control number: 0938-0944); Frequency: Yearly; Affected Public: Private sector (Business or other for-profits and Not-for-profit institutions); Number of Respondents: 555; Total Annual Responses: 4,995; Total Annual Hours: 149,850. (For policy questions regarding this collection contact Rachel Shevland at 410-786-3026.)

    Dated: December 6, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2017-26604 Filed 12-8-17; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services [Document Identifier: CMS-10529] Agency Information Collection Activities: Submission for OMB Review; Comment Request AGENCY:

    Centers for Medicare & Medicaid Services, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Centers for Medicare & Medicaid Services (CMS) is announcing an opportunity for the public to comment on CMS' intention to collect information from the public. Under the Paperwork Reduction Act of 1995 (PRA), federal agencies are required to publish notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, and to allow a second opportunity for public comment on the notice. Interested persons are invited to send comments regarding the burden estimate or any other aspect of this collection of information, including the necessity and utility of the proposed information collection for the proper performance of the agency's functions, the accuracy of the estimated burden, ways to enhance the quality, utility, and clarity of the information to be collected; and the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    DATES:

    Comments on the collection(s) of information must be received by the OMB desk officer by January 10, 2018.

    ADDRESSES:

    When commenting on the proposed information collections, please reference the document identifier or OMB control number. To be assured consideration, comments and recommendations must be received by the OMB desk officer via one of the following transmissions: OMB, Office of Information and Regulatory Affairs, Attention: CMS Desk Officer, Fax Number: (202) 395-5806 OR Email: [email protected].

    To obtain copies of a supporting statement and any related forms for the proposed collection(s) summarized in this notice, you may make your request using one of following:

    1. Access CMS' Web site address at Web site address at https://www.cms.gov/Regulations-and-Guidance/Legislation/PaperworkReductionActof1995/PRA-Listing.html.

    2. Email your request, including your address, phone number, OMB number, and CMS document identifier, to [email protected]

    3. Call the Reports Clearance Office at (410) 786-1326.

    FOR FURTHER INFORMATION CONTACT:

    William Parham at (410) 786-4669.

    SUPPLEMENTARY INFORMATION:

    Under the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501-3520), federal agencies must obtain approval from the Office of Management and Budget (OMB) for each collection of information they conduct or sponsor. The term “collection of information” is defined in 44 U.S.C. 3502(3) and 5 CFR 1320.3(c) and includes agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. Section 3506(c)(2)(A) of the PRA (44 U.S.C. 3506(c)(2)(A)) requires federal agencies to publish a 30-day notice in the Federal Register concerning each proposed collection of information, including each proposed extension or reinstatement of an existing collection of information, before submitting the collection to OMB for approval. To comply with this requirement, CMS is publishing this notice that summarizes the following proposed collection(s) of information for public comment:

    1. Type of Information Collection Request: Extension without change of a currently approved collection; Title of Information Collection: Quarterly Medicaid and CHIP Budget and Expenditure Reporting for the Medical Assistance Program, Administration and CHIP; Use: The Medicaid Budget and Expenditure System (MBES) and the Child Health Budget and Expenditure System (CBES) is a financial reporting system that produces Budget and expenditures for Medical Assistance and Children's Health Insurance Program. All forms are to be filed on a quarterly basis and need to be certified by the States to the CMS. The forms consist of CMS-21 and -21B, CMS-37, and CMS-64.

    Forms CMS-21 and -21B provide CMS with the information necessary to issue quarterly grant awards, monitor current year expenditure levels, determine the allowability of state claims for reimbursement, develop Children's Health Insurance Program (CHIP) financial management information, provide for state reporting of waiver expenditures, and ensure that the federally established allotment is not exceeded. They are also necessary in the redistribution and reallocation of unspent funds over the federally mandated timeframes.

    Form CMS-37 due dates are November 15, February 15, May 15 and August 15 of each fiscal year. While all submissions represent equally important components of the grant award cycle, the May and November submissions are particularly significant for budget formulation. The November submission introduces a new fiscal year to the budget cycle and serves as the basis for the formulation of the Medicaid portion of the President's Budget, which is presented to Congress in January. The February and August submissions are used primarily for budget execution in providing interim updates to our Office of Financial Management, the Department of Health and Human Services, the Office of Management and Budget, and Congress depending on the scheduling of the national budget review process in a given fiscal year. The submissions provide us with base information necessary to track current year obligations and expenditures in relation to the current year appropriation and to notify senior managers of any impending surpluses or deficits.

    Form CMS-64 is used to issue quarterly grant awards, monitor current year expenditure levels, determine allowed state claims for reimbursement, develop Medicaid financial management information provide for state reporting of waiver expenditures, ensure that the federally-established limit is not exceeded for HCBS waivers, and to allow for the implementation of the Assignment of Rights and Part A and Part B Premium (i.e., accounting for overdue Part A and Part B Premiums under state buy-in agreements)—Billing Offsets. Form Number: CMS-10529 (OMB control number: 0938-1265); Frequency: Quarterly; Affected Public: State, Local, or Tribal Governments; Number of Respondents: 56; Total Annual Responses: 672; Total Annual Hours: 17,920. (For policy questions regarding this collection contact Chris Kessler at 410-786-7168.)

    Dated: December 6, 2017. William N. Parham, III, Director, Paperwork Reduction Staff, Office of Strategic Operations and Regulatory Affairs.
    [FR Doc. 2017-26575 Filed 12-8-17; 8:45 am] BILLING CODE 4120-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Submission for OMB Review; Comment Request

    Title: Case Plan Requirement, Title IV-E of the Social Security Act.

    OMB No.: 0970-0428.

    Description: Under section 471(a)(16) of title IV-E of the Social Security Act (the Act), to be eligible for payments, states and tribes must have an approved title IV-E plan that provides for the development of a case plan for each child for whom the State or Tribe receives foster care maintenance payments and that provides a case review system that meets the requirements in section 475(5) and 475(6) of the Act.

    The case review system assures that each child has a case plan designed to achieve placement in a safe setting that is the least restrictive (most family-like) setting available and in close proximity to the child's parental home, consistent with the best interest and special needs of the child. Through these requirements, States and Tribes also comply, in part, with title IV-B section 422(b) of the Act, which assures certain protections for children in foster care.

    The case plan is a written document that provides a narrative description of the child-specific program of care. Federal regulations at 45 CFR 1356.21(g) and section 475(1) of the Act delineate the specific information that should be addressed in the case plan. The Administration for Children and Families (ACF) does not specify a recordkeeping format for the case plan nor does ACF require submission of the document to the Federal government. Case plan information is recorded in a format developed and maintained by the State or Tribal child welfare agency.

    Respondents: State and Tribe title IV-B and title IV-E agencies.

    Annual Burden Estimates Instrument Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden hours
  • per response
  • Total burden
  • hours
  • Case Plan 544,098 1 4.80 2,626,436

    Estimated Total Annual Burden Hours: 2,626,436.

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

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

    Robert Sargis, Reports Clearance Officer.
    [FR Doc. 2017-26553 Filed 12-8-17; 8:45 am] BILLING CODE 4184-25-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2014-N-1072] Agency Information Collection Activities; Submission for Office of Management and Budget Review; Comment Request; Application for Participation in Food and Drug Administration Fellowship Programs AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing that a proposed collection of information has been submitted to the Office of Management and Budget (OMB) for review and clearance under the Paperwork Reduction Act of 1995.

    DATES:

    Fax written comments on the collection of information by January 10, 2018.

    ADDRESSES:

    To ensure that comments on the information collection are received, OMB recommends that written comments be faxed to the Office of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer, Fax: 202-395-7285, or emailed to [email protected] All comments should be identified with the OMB control number 0910-0780. Also include the FDA docket number found in brackets in the heading of this document.

    FOR FURTHER INFORMATION CONTACT:

    Amber Sanford, Office of Operations, Food and Drug Administration, Three White Flint North, 10A-12M, 11601 Landsdown St., North Bethesda, MD 20852, 301-796-8867, [email protected]

    SUPPLEMENTARY INFORMATION:

    In compliance with 44 U.S.C. 3507, FDA has submitted the following proposed collection of information to OMB for review and clearance.

    Application for Participation in FDA Fellowship Programs (Formerly Application for Participation in the FDA Commissioner's Fellowship Program)—OMB Control Number 0910-0780—Extension

    Sections 1104, 1302, 3301, 3304, 3320, 3361, 3393, and 3394 of Title 5 of the United States Code authorize Federal agencies to rate applicants for Federal jobs. The proposed information collection involves brief online applications completed by applicants applying to FDA's fellowship programs. These voluntary online applications will allow the Agency to easily and efficiently elicit and review information from students and healthcare professionals who are interested in becoming involved in FDA-wide activities. The process will reduce the time and cost of submitting written documentation to the Agency and lessen the likelihood of applications being misrouted within the Agency mail system. It will assist the Agency in promoting and protecting the public health by encouraging outside persons to share their expertise with FDA.

    In the Federal Register of June 20, 2017 (82 FR 28075), FDA published a 60-day notice requesting public comment on the proposed collection of information. Although one comment was received, it wasn't responsive to the four collection of information topics solicited and therefore will not be discussed in this document.

    FDA estimates the burden of this collection of information as follows:

    Table 1—Estimated Annual Recordkeeping Burden 1 Activity Number of
  • respondents
  • Number of
  • responses per respondent
  • Total annual responses Average
  • burden per
  • response
  • Total hours
    Commissioner's Fellowship Program 600 1 600 1.33 798 Regulatory Science Internship Program 250 1 250 1 250 Medical Device Fellowship Program 250 1 250 1 250 Total 1,298 1 There are no capital costs or operating and maintenance costs associated with this collection of information.
    Dated: December 5, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-26543 Filed 12-8-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES [Document Identifier: OS-0990-0263] Agency Information Collection Request; 60-Day Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the requirement of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, is publishing the following summary of a proposed collection for public comment.

    DATES:

    Comments on the ICR must be received on or before February 9, 2018.

    ADDRESSES:

    Submit your comments to [email protected] or by calling (202) 795-7714.

    FOR FURTHER INFORMATION CONTACT:

    When submitting comments or requesting information, please include the document identifier 0990-New-60D and project title for reference., to [email protected], or call the Reports Clearance Officer.

    SUPPLEMENTARY INFORMATION:

    Interested persons are invited to send comments regarding this burden estimate or any other aspect of this collection of information, including any of the following subjects: (1) The necessity and utility of the proposed information collection for the proper performance of the agency's functions; (2) the accuracy of the estimated burden; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden. Information Collection Request Title: 0990-0263-Extension Protection of Human Subjects Assurance Identification/IRB Certification/Declaration of Exemption (Common Rule) form.

    Abstract: Assistant Secretary for Health, Office for Human Research Protections is requesting an extension on a currently approved information collection by the Office of Management and Budget, OMB, on the Protection of Human Subjects: Assurance Identification/IRB Certification/Declaration of Exemption Form. That form is designed to provide a simplified procedure for institutions engaged in research conducted or supported by the Department of Health and Human Services (HHS) to satisfy the requirements of HHS regulations for the protection of human subjects at 45 CFR 46.103. The respondents for this collection are institutions engaged in research involving human subjects where the research is supported by HHS. Institutional use of the form is also relied upon by other federal departments and agencies that have codified or follow the Federal Policy for the Protection of Human Subjects (Common Rule) which is identical to 45 CFR part 46, subpart A.

    Likely Respondents: Individuals, business or other for-profit, not for-profit institutions, Federal, State, Local or Tribal Governments.

    Estimate Annualized Burden in Hours Table Form name Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden
  • hours
  • Protection of Human Subjects: Assurance Identification/IRB Certification/Declaration of Exemption 14,000 2 0.5 14,000 Total 14,000
    Terry S. Clark, Asst Information Collection Clearance Officer.
    [FR Doc. 2017-26568 Filed 12-8-17; 8:45 am] BILLING CODE 4150&ndash36-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Office of the Director; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the Advisory Committee to the Director, National Institutes of Health, December 14, 9:00 a.m. to 5:30 p.m. and December 15, 2017, 9:00 a.m. to 1:00 p.m., that was published in the Federal Register on Tuesday, November 14, 2017, 82 FR 52737.

    The meeting will be closed to the public on December 14, 2017, from 4:45 p.m. to 5:15 p.m. for the discussion and identification of specific candidates for leadership positions at the NIH in accordance with the provisions set forth in sections 552b(c)(9)(B) and 552b(c)(6), Title 5 U.S.C., as amended. Premature disclosure of potential candidates and their qualifications, as well as the discussions by the committee, could significantly frustrate NIH's ability to recruit these individuals and the consideration of personnel qualifications, performance, and the competence of individuals as candidates would constitute a clearly unwarranted invasion of personal privacy.

    There are no changes for the open portion of the meeting scheduled for December 15, 2017.

    Dated: December 5, 2017. Anna Snouffer, Deputy Director, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-26548 Filed 12-8-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute on Aging; Notice of Meeting

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

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

    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: National Advisory Council on Aging.

    Date: January 23-24, 2018.

    Closed: January 23, 2018, 3:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, 9000 Rockville Pike, C Wing 6th Floor Conference Room 10, Bethesda, MD 20892.

    Open: January 24, 2018, 8:00 a.m. to 1:30 p.m.

    Agenda: Call to order and report from the Director; Discussion of future meeting dates; Consideration of minutes of last meeting; Reports from Task Force on Minority Aging Research, Working Group on Program; Council Speaker; Program Highlights.

    Place: National Institutes of Health, Building 31, 9000 Rockville Pike, C Wing 6th Floor Conference Room 10, Bethesda, MD 20892.

    Closed: January 24, 2018, 1:30 p.m. to 2:00 p.m.

    Agenda: Intramural Research Program.

    Place: National Institutes of Health, Building 31, 9000 Rockville Pike, C Wing 6th Floor Conference Room 10, Bethesda, MD 20892.

    Contact Person: Robin Barr, Director, National Institute on Aging, Office of Extramural Activities, Gateway Building, 7201 Wisconsin Avenue, Bethesda, MD 20814, (301) 496-9322, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit. Information is also available on the Institute's/Center's home page: www.nia.nih.gov/about/naca, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.866, Aging Research, National Institutes of Health, HHS)
    Dated: December 5, 2017. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-26550 Filed 12-8-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Neurological Disorders and Stroke; Notice of Closed 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: National Institute of Neurological Disorders and Stroke Special Emphasis Panel; NINDS Neuroscience Development for Advancing the Careers of a Diverse Research Workforce (R25).

    Date: January 11, 2018.

    Time: 10:00 a.m. to 1:00 p.m.

    Agenda: To review and evaluate grant applications.

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

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

    (Catalogue of Federal Domestic Assistance Program Nos. 93.853, Clinical Research Related to Neurological Disorders; 93.854, Biological Basis Research in the Neurosciences, National Institutes of Health, HHS)
    Dated: December 5, 2017. Sylvia L. Neal, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-26552 Filed 12-8-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; Generic Clearance To Conduct Formative Research (NIAID) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 30 days of the date of this publication.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: Desk Officer for NIH.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Dione Washington, Health Science Policy Analyst, Strategic Planning and Evaluation Branch, 5601 Fishers Lane, Room 5F32, Rockville, Maryland 20892, call 240-699-2100, or Email your request, including your address to: [email protected]

    SUPPLEMENTARY INFORMATION:

    This proposed information collection was previously published in the Federal Register on September 25, 2017, page 44631 (82 FR 44631) and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment.

    The National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    In compliance with Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    Proposed Collection: Generic Clearance to Conduct Formative Research (NIAID), 0925-NEW, National Institute of Allergy and Infectious Diseases (NIAID), National Institutes of Health (NIH).

    Need and Use of Information Collection: The purpose of this Generic is for information collections to improve research approaches and final product development to identify emergent infectious disease threats and comorbidities related to the needs of diverse audiences. The information to be collected as part of this generic clearance will allow the agency to make appropriate adjustments in content and methods used in developmental and testing stages in order to improve research approaches and final product development.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 34575.

    Estimated Annualized Burden Hours Research method Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total annual
  • burden
  • in hours
  • Focus Group Screeners 2,000 1 15/60 500 Interview Screeners/Surveys 2,000 1 15/60 500 Focus Groups 4,000 1 2 8,000 Pretesting 1,000 1 1 1,000 Dyad/Triad Interviews 4,000 1 90/60 6,000 In-depth Interviews (IDI) 6,000 1 90/60 9,000 Surveys 7,000 1 30/60 3,500 Patient questionnaires 4,500 1 30/60 2,250 Market research 300 1 4 1,200 Peer review with adult scientific professionals—mail/telephone/email surveys 4,500 1 30/60 2,250 Peer review with adult scientific professionals—focus groups 250 1 90/60 375 Total 35,550 35,550 34,575
    Dated: November 30, 2017. Dione Washington, Project Clearance Liaison, NIAID, NIH.
    [FR Doc. 2017-26538 Filed 12-8-17; 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 Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory General Medical Sciences Council.

    The meeting will be open to the public as indicated below, with a short public comment period at the end. Attendance is limited by the space available. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the Contact Person listed below in advance of the meeting. The open session will also be videocast and can be accessed from the NIH Videocasting and Podcasting Web site (http://videocast.nih.gov).

    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: National Advisory General Medical Sciences Council.

    Date: January 18-19, 2018.

    Closed: January 18, 2018, 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1/2, D, F, G, 45 Center Drive, Bethesda, MD 20892.

    Open: January 19, 2018, 8:30 a.m. to 12:00 p.m.

    Agenda: For the discussion of program policies and issues; opening remarks; report of the Director, NIGMS; and other business of the Council.

    Place: National Institutes of Health, Natcher Building, Conference Rooms E1/2, 45 Center Drive, Bethesda, MD 20892.

    Contact Person: Ann A. Hagan, Ph.D., Associate Director for Extramural Activities, NIGMS, NIH, DHHS, 45 Center Drive, Room 2AN24H, MSC6200, Bethesda, MD 20892-6200, (301) 594-4499, [email protected]

    Any interested person may file written comments with the committee by forwarding the statement to the Contact Person listed on this notice. The statement should include the name, address, telephone number and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxicabs, hotel, and airport shuttles will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    Information is also available on the Institute's/Center's home page: http://www.nigms.nih.gov/About/Council, where an agenda and any additional information for the meeting will be posted when available.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.859, Biomedical Research and Research Training, National Institutes of Health, HHS)
    Dated: December 5, 2017. David Clary, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-26551 Filed 12-8-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health & Human Development (NICHD); Notice of Meeting

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of a meeting of the National Advisory Child Health and Human Development Council.

    The meeting will be open to the public as indicated below, with attendance limited to space available. A portion of this 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 for the review and discussion of grant applications. Individuals who plan to attend and need special assistance, such as sign language interpretation or other reasonable accommodations, should notify the contact person listed below in advance of the meeting.

    Name of Committee: National Advisory Child Health and Human Development Council.

    Date: January 18, 2018.

    Open: January 18, 2018.

    Time: 8:00 a.m. to 12:00 p.m.

    Agenda: The agenda will include opening remarks, administrative matters, Director's Report, Division of Extramural Research Report and, other business of the Council.

    Place: National Institutes of Health, Building 31, C-Wing, Conference Room 6, 9000 Rockville Pike, Bethesda, MD 20892.

    Closed: January 18, 2018.

    Time: 1:00 p.m. to Adjournment.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Building 31, C-Wing, Conference Room 6, 9000 Rockville Pike, Bethesda, MD 20892.

    Contact Person: Della Hann, Ph.D., Director, Division of Extramural Research, Eunice Kenney Shriver National Institute of Child Health and Human Development, NIH, 6710 Rockledge Blvd., MSC 7002, Bethesda, MD 20892, 301-496-8535.

    Any interested person may file written comments with the committee by forwarding the statement to the contact person listed on this notice. The statement should include the name, address, telephone number, and when applicable, the business or professional affiliation of the interested person.

    In the interest of security, NIH has instituted stringent procedures for entrance onto the NIH campus. All visitor vehicles, including taxis, hotel, and airport shuttles, will be inspected before being allowed on campus. Visitors will be asked to show one form of identification (for example, a government-issued photo ID, driver's license, or passport) and to state the purpose of their visit.

    In order to facilitate public attendance at the open session of Council in the main meeting room, Conference Room 6, please contact Ms. Lisa Kaeser, Program and Public Liaison Office, NICHD, at 301-496-0536 to make your reservation, additional seating will be available in the meeting overflow rooms, Conference Rooms 7 and 8. Individuals will also be able to view the meeting via NIH Videocast. Select the following link for Videocast access instructions: http://www.nichd.nih.gov/about/advisory/nachhd/Pages/virtual-meeting.aspx.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment program, National Institutes of Health, HHS).
    Dated: December 5, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-26549 Filed 12-8-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF THE INTERIOR Fish and Wildlife Service [FWS-R1-ES-2017-N151; FXES11130100000-189-FF01E00000] U.S. Endangered Species; Receipt of Recovery Permit Applications AGENCY:

    Fish and Wildlife Service, Interior.

    ACTION:

    Notice of receipt of permit applications; request for comments.

    SUMMARY:

    We, the U.S. Fish and Wildlife Service, invite the public to comment on applications for permits to conduct activities intended to enhance the propagation or survival of endangered species. With some exceptions, the Endangered Species Act (ESA) prohibits certain activities that constitute take of listed species unless a Federal permit is issued that allows such activity. The ESA also requires that we invite public comment before issuing these permits.

    DATES:

    To ensure consideration, we must receive your written comments by January 10, 2018.

    ADDRESSES:

    Requesting Copies of Applications or Public Comments: Copies of applications or public comments concerning any of the applications in this notice may be obtained by any party who submits a written request for a copy of such documents to the following office within 30 days of the date of publication of this notice, subject to the requirements of the Privacy Act (5 U.S.C. 552a) and the Freedom of Information Act (5 U.S.C. 552): Program Manager, Restoration and Endangered Species Classification, Ecological Services, U.S. Fish and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4181.

    Submitting Comments: You may submit comments by one of the following methods. Please specify applicant name(s) and application number(s) to which your comments pertain (e.g., TE-XXXXXX).

    Email: [email protected] Please refer to the respective permit number (e.g., Application No. TE-XXXXXX) in the subject line of your email message.

    U.S. Mail: Program Manager, Restoration and Endangered Species Classification, Ecological Services, U.S. Fish and Wildlife Service, Pacific Regional Office, 911 NE 11th Avenue, Portland, OR 97232-4181.

    FOR FURTHER INFORMATION CONTACT:

    Colleen Henson, Recovery Permits Coordinator, Ecological Services, (503) 231-6131 (phone); [email protected] (email).

    SUPPLEMENTARY INFORMATION:

    We, the U.S. Fish and Wildlife Service (Service), invite the public to comment on applications for permits to conduct activities intended to promote recovery of endangered species. With some exceptions, the ESA prohibits certain activities with endangered species unless a Federal permit allows such activity. The ESA also requires that we invite public comment before issuing these permits.

    Background

    The ESA prohibits certain activities with endangered and threatened species unless authorized by a Federal permit. The ESA and our implementing regulations in part 17 of title 50 of the Code of Federal Regulations (CFR) provide for the issuance of such permits and require that we invite public comment before issuing permits for activities involving endangered species.

    A recovery permit issued by us under section 10(a)(1)(A) of the ESA authorizes the permittee to conduct activities with endangered or threatened species for scientific purposes that promote recovery or for enhancement of propagation or survival of the species. Our regulations implementing section 10(a)(1)(A) for these permits are found at 50 CFR 17.22 for endangered wildlife species, 50 CFR 17.32 for threatened wildlife species, 50 CFR 17.62 for endangered plant species, and 50 CFR 17.72 for threatened plant species.

    Permit Applications Available for Review and Comment

    We invite local, State, Tribes, Federal agencies and the public to comment on the following applications.

    Application No. Applicant Species Location Take activity Permit action TE-043638 U.S. Army Garrison, Hawaii Add the following species:
  • Pleomele forbesii (hala pepe), Cyanea calycina (haha), Joinvillea ascendens ascendens (`ohe), Korthalsella degeneri (hulumoa), Melicope christophersenii (alani), Melicope makahae (alani), Nothocestrum latifolium (`aiea), Platydesma cornuta decurrens (no common name), Pteralyxia macrocarpa (kaulu), Sicyos lanceoloideus (no common name), Orangeblack Hawaiian damselfly (Megalagrion xanthomelas), Anthricinan yellow-faced bee (Hylaeus anthracinus), Assimulans yellow-faced bee (Hylaeus assimulans), Easy yellow-faced bee (Hylaeus facilis), Hawaiian yellow-faced bee (Hylaeus kuakea), Hawaiian yellow-faced bee (Hylaeus longiceps), Hawaiian yellow-faced bee (Hylaeus mana)
  • Hawaii Plants: Remove and reduce to possession, collect, propagate, outplant, establish genetic storage bank
  • Animals: Harass by survey, monitor, capture, identify, mark, release, collect, provide nest blocks
  • Renew.
    TE-72088A National Oceanic and Atmospheric Administration Pacific Islands Fisheries Science Center, Honolulu, Hawaii Green sea turtle (Chelonia mydas), Hawksbill sea turtle (Eretmochelys imbricata), Leatherback sea turtle (Dermochelys coriacea), Loggerhead sea turtle (Caretta caretta), Olive ridley sea turtle (Lepidochelys olivacea) Hawaiian Islands, American Samoa Islands, Guam, Commonwealth of the Northern Mariana Islands, Federated States of Micronesia, Republic of the Marshall Islands, Republic of Palau, and Pacific Remote Islands Areas Harass by survey, monitor, capture, hold, excavate nests, collect eggs, biosample, identify, tag, deploy data loggers in nests, attach biotelemetry devices and satellite transmitters, release, recapture, research, salvage Renew. TE-53969C University of Hawaii, Hilo, Hawaii Bidens micrantha ssp. ctenophylla (Ko`oko`olau) Hawaii Remove and reduce to possession; collect tissue, photograph New.
    Public Availability of Comments

    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. If you submit a hardcopy comment that includes personal identifying information, you may request at the top of your document that we withhold this information from public review; however, we cannot guarantee that we will be able to do so.

    Contents of Public Comments

    Please make your comments as specific as possible. Please confine your comments to issues for which we seek comments in this notice, and explain the basis for your comments. Include sufficient information with your comments to allow us to authenticate any scientific or commercial data you include.

    The comments and recommendations that will be most useful and likely to influence agency decisions are: (1) Those supported by quantitative information or studies; and (2) Those that include citations to, and analyses of, the applicable laws and regulations.

    Next Steps

    If the Service decides to issue permits to any of the applicants listed in this notice, we will publish a notice in the Federal Register.

    Authority:

    Section 10(c) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.).

    Dated: October 26, 2017. Rolland G. White, Assistant Regional Director—Ecological Services, Pacific Region, U.S. Fish and Wildlife Service.
    [FR Doc. 2017-26616 Filed 12-8-17; 8:45 am] BILLING CODE 4333-15-P
    DEPARTMENT OF JUSTICE Federal Bureau of Investigation [OMB Number 1110-0039] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection: Bioterrorism Preparedness Act: Entity/Individual Information AGENCY:

    Criminal Justice Information Services Division, Federal Bureau of Investigation, Department of Justice.

    ACTION:

    60-Day notice.

    SUMMARY:

    The Department of Justice (DOJ), Federal Bureau of Investigation (FBI), Criminal Justice Information Services Division will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995. The proposed information collection is published to obtain comments from the public and affected agencies.

    DATES:

    Comments are encouraged and will be accepted for 60 days until February 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Kimberly A. Webber, Global Operations Section, CJIS Division Intelligence Group, Federal Bureau of Investigation, Criminal Justice Information Services Division, (CJIS), biometric Technology Center, 1000 Custer Hollow Road, Clarksburg, West Virginia 26306; facsimile 304-625-2198.

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Bureau of Justice Statistics, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Overview of This Information Collection

    1. Type of Information Collection: Extension of a currently approved collection.

    2. The Title of the Form/Collection: Federal Bureau of Investigation Bioterrorism Preparedness Act: Entity/Individual Information.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: The form is FD-961. The applicable component within the Criminal Justice Information Services Division, Department of Justice (DOJ), Federal Bureau of Investigation (FBI).

    4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary: City, country, state, federal, individuals, business or other for profit, and not-for-profit institute. This collection is needed to receive names and other identifying information submitted by individuals requesting access to specific agents or toxins, and consult with appropriate officials of the Department of Health and Human Services and the Department of Agriculture as to whether certain individuals specified in the provisions should be denied access to or granted limited access to specific agents.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: There are approximately 4,635 (FY 2015) and respondents at 1 hour 45 minutes for the FD-961 form.

    6. An estimate of the total public burden (in hours) associated with the collection: The estimated public burden associated with this collection is approximately 6,953 hours annual burden, associated with this information collection.

    If additional information is required contact: Melody Braswell, Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.

    Dated: December 6, 2017. Melody Braswell, Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2017-26576 Filed 12-8-17; 8:45 am] BILLING CODE 4410-02-P
    DEPARTMENT OF JUSTICE [OMB Number 1103-0098] Agency Information Collection Activities; Proposed eCollection eComments Requested; Revision of a Currently Approved Collection AGENCY:

    Office of Community Oriented Policing Services, Department of Justice.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Justice, Office of Community Oriented Policing Services, is submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995.

    DATES:

    The Department of Justice encourages public comment and will accept input until February 9, 2018.

    FOR FURTHER INFORMATION CONTACT:

    If you have additional comments especially on the estimated public burden or associated response time, suggestions, or need a copy of the proposed information collection instrument with instructions or additional information, please contact Lashon M. Hilliard, Department of Justice Office of Community Oriented Policing Services, 145 N Street NE., Washington, DC 20530; Telephone number: 202-514-6563 (Note: this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    Written comments and suggestions from the public and affected agencies concerning the proposed collection of information are encouraged. Your comments should address one or more of the following four points:

    —Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Office of Community Oriented Policing Services, including whether the information will have practical utility; —Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; —Evaluate whether and if so how the quality, utility, and clarity of the information to be collected can be enhanced; and —Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.

    Overview of This Information Collection:

    1. Type of Information Collection: Revision of a currently approved collection.

    2. The Title of the Form/Collection: COPS Application Package.

    3. The agency form number, if any, and the applicable component of the Department sponsoring the collection: There is no agency form number for this collection. The applicable component within the Department of Justice is the Office of Community Oriented Policing Services.

    4. Affected public who will be asked or required to respond, as well as a brief abstract: Primary respondents are Law Enforcement Agencies.

    5. An estimate of the total number of respondents and the amount of time estimated for an average respondent to respond: The estimated total number of respondents is 5,000. The estimated hourly burden to the applicant is 11 hours for each respondent to review the instructions and complete the application.

    6. An estimate of the total public burden (in hours) associated with the collection: There are an estimated 55,000 total annual burden hours associated with this collection.

    If additional information is required contact: Jake Bishop-Green, Acting Department Clearance Officer, United States Department of Justice, Justice Management Division, Policy and Planning Staff, Two Constitution Square, 145 N Street NE., 3E.405A, Washington, DC 20530.

    Dated: December 5, 2017. Jake Bishop-Green, Acting Department Clearance Officer for PRA, U.S. Department of Justice.
    [FR Doc. 2017-26536 Filed 12-8-17; 8:45 am] BILLING CODE 4410-AT-P
    DEPARTMENT OF LABOR Employment and Training Administration Draft Finding of No Significant Impact for the Proposed Rehabilitation or Replacement of Buildings at the Gulfport Job Corps Center, 3300 20th Street, Gulfport, Mississippi 39501 AGENCY:

    Office of Job Corps, Employment and Training Administration (ETA), Labor.

    ACTION:

    Notice.

    SUMMARY:

    The Department of Labor (DOL or Department), ETA, Office of Job Corps, is issuing a draft Finding of No Significant Impact (FONSI) regarding the proposed rehabilitation or replacement of buildings at the Gulfport Job Corps Center (JCC) in Gulfport, Mississippi.

    DATES:

    To be ensured for consideration, comments must be submitted in writing on or before January 10, 2018.

    ADDRESSES:

    Comments can be submitted by email to Marsha Fitzhugh at [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Marsha Fitzhugh, Division of Facilities and Asset Management, Office of Job Corps, ETA, U.S. Department of Labor, 200 Constitution Avenue NW., Room N-4463, Washington, DC 20210; Telephone (202) 693-3000 (this is not a toll-free number).

    SUPPLEMENTARY INFORMATION:

    I. Introduction

    Established in 1964, Job Corps is a national program administered by ETA in the Department. It is the nation's largest federally-funded, primarily residential training program for youth ages 16-24. With 125 centers across the country, Job Corps seeks to change lives through education and job training for in-demand careers. Job Corps serves at-risk young people who seek to overcome barriers to employment, which can include poverty, homelessness, or aging out of the foster care system, by providing them with the academic, career technical, and employability skills to enter the workforce, enroll in post-secondary education, pursue apprenticeship opportunities, or enlist in the military.

    The Gulfport JCC opened in 1978 utilizing buildings that were initially constructed in 1954 as a high school for African-American students, known as the 33rd Avenue High School. The three original high school buildings, which are considered eligible for inclusion on the National Register of Historic Places (NRHP), sustained extensive damage during Hurricane Katrina. As a result, the Gulfport JCC reopened with temporary facilities three and a half years after the storm. These three original buildings have not been rehabilitated.

    II. Environmental Assessment and Draft Finding of No Significant Impact

    Pursuant to the Council on Environmental Quality (CEQ) Regulations (40 Code of Federal Regulations [CFR] part 1500-08) implementing procedural provisions of the National Environmental Policy Act (NEPA), the DOL, ETA, and Office of Job Corps, in accordance with 29 CFR 11.11(d), give notice that an Environmental Assessment (EA) has been prepared for the proposed rehabilitation or replacement of buildings at the Gulfport Job Corps Center (JCC), Gulfport, Mississippi. The EA evaluated the potential environmental and socioeconomic impacts associated with the redevelopment of buildings at the Gulfport JCC. Three action alternatives and the No Action Alternative were evaluated in the EA. After careful consideration, it was determined that the Preferred Alternative, to retain the existing street-facing building façades and construct new buildings behind the façades, would best meet the purpose and need without causing significant environmental impacts. This Preferred Alternative would add approximately 93,000 gross square feet (GSF) of permanent, functional space at the Gulfport JCC.

    The Preferred Alternative would retain the appearance of the historic structures by retaining the street-facing façades of Building 1, originally the main high school building, and Building 2, the gymnasium. New buildings would be constructed behind the façades to provide administration, educational, medical/dental, and recreation spaces that meet the needs of the Gulfport JCC and Job Corps program guidelines. Building 5, the cafeteria, would be demolished and replaced by a new, modern cafeteria, and a new building would be constructed for vocational training for shop-related trades and for storage and maintenance. The Preferred Alternative would result in a modern Job Corps instructional campus that meets the purpose of and need for the proposed action.

    Under the Preferred Alternative, there would be adverse impacts on historic properties; however, adverse impacts would be resolved through mitigation. A Memorandum of Agreement (MOA) between DOL, the Advisory Council on Historic Preservation, and the City of Gulfport memorializing the steps necessary to mitigate the adverse effects cause by the Preferred Alternative for the Gulfport JCC redevelopment project was executed on September 19, 2017. Mitigation measures include retaining the street-facing façades of Buildings 1 and 2, with new buildings being constructed behind the façades; preparation of Historic American Building Survey (HABS) Level II, which would record the appearance and history of the buildings to be filed with the National Park Service for inclusion in the Library of Congress' HABS collection; an exhibit near the entrance to the new Main Building to preserve the memory of the 33rd Avenue High School and honor its alumni; and renaming the Gulfport JCC to memorialize the 33rd Avenue High School. Because adverse impacts on cultural resources would be resolved through mitigation, the Preferred Alternative would not result in significant impacts on cultural resources.

    To comply with the CEQ requirement for “early and meaningful public participation,” the public was invited to meetings and encouraged to provide input throughout the process of developing the EA. A public scoping meeting was held on June 14, 2016, in Gulfport, to discuss the proposed project. Public comments received at the meeting were considered in the preparation of the EA. The Draft EA was provided to the public for a 30-day review and comment period. The availability of the EA for review was announced through a news release published in the Sun Herald on November 16, 2016, and a Federal Register notice published on November 17, 2016. Additionally, the EA was available at the Gulfport Public Library and posted on the Job Corps Web site, and copies of the EA were mailed to key stakeholders. Comments received were addressed as part of the Section 106 consultation and incorporated into the MOA and the Final EA. A second public meeting was held on February 15, 2017, in the Gulfport City Council Chambers to present information on the Section 106 consultation. Forty-three citizens attended the meeting. Comments received were incorporated into the MOA.

    The Draft Final EA and Draft FONSI will be available for public review and comment for a period of 30 days at the Gulfport Public Library, 1708 25th Avenue, Gulfport, MS 39501, and at http://www.jobcorps.gov/home.aspx.

    Nancy M. Rooney, Deputy Assistant Secretary for Employment and Training.
    [FR Doc. 2017-26579 Filed 12-8-17; 8:45 am] BILLING CODE 4510-FT-P
    DEPARTMENT OF LABOR Agency Information Collection Activities; Submission for OMB Review; Comment Request; Analysis of Alternative Strategies for Financing Unemployment Insurance (UI) Benefits When Trust Fund Balances Are Insufficient AGENCY:

    Office of the Assistant Secretary for Policy, Chief Evaluation Office, Department of Labor.

    ACTION:

    Notice of Information collection; request for comment.

    SUMMARY:

    The Department of Labor (DOL), as part of its continuing effort to reduce paperwork and respondent burden, conducts a preclearance consultation program to provide the general public and Federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) [44 U.S.C. 3506(c)(2)(A)]. This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirements on respondents is properly assessed.

    Currently, the Department of Labor is soliciting comments concerning the collection of data to support an analysis of alternative strategies for UI deficit financing. A copy of the proposed Information Collection Request (ICR) can be obtained by contacting the office listed below in the addressee section of this notice.

    DATES:

    Written comments must be submitted to the office listed in the addressee section below on or before February 9, 2018.

    ADDRESSES:

    You may submit comments by either one of the following methods:

    Email: [email protected]; Mail or Courier: Scott Gibbons, Chief Evaluation Office, OASP, U.S. Department of Labor, Room S-2312, 200 Constitution Avenue NW., Washington, DC 20210. Instructions: Please submit one copy of your comments by only one method. All submissions received must include the agency name and OMB Control Number identified above for this information collection. Because we continue to experience delays in receiving mail in the Washington, DC area, commenters are strongly encouraged to transmit their comments electronically via email or to submit them by mail early. Comments, including any personal information provided, become a matter of public record. They will also be summarized and/or included in the request for OMB approval of the information collection request.

    FOR FURTHER INFORMATION CONTACT:

    Scott Gibbons by email at [email protected]

    SUPPLEMENTARY INFORMATION:

    I. Background: Historically, States have financed shortages in meeting obligations to pay UI benefits by borrowing from the Federal Unemployment Account (FUA) in the Unemployment Trust Fund (UTF) maintained by the United States Treasury. Over the last several recessionary cycles, an increasing number of States have opted to utilize private markets to make up UTF shortfalls, instead of taking traditional Federal loans. In this past recession, of the thirty-six States that needed to borrow funds to pay UI benefits, eight used private sector instruments (i.e., seven States issued bonds and one State used short-term bank loans). Numerous considerations must be weighed in order to determine which option in financing UTF account deficits should be employed under what circumstances to result in an optimal outcome. However, there is little research examining or comparing the methods available to States for financing UTF account deficits, and specifically lacking is comprehensive research that analyzes the cost differences between taking Federal loans and using alternate sources. As a result, State UTF account administrators are in a position where they may need to make rapid decisions based on little evidence or understanding of available options.

    DOL is sponsoring an analysis of costs related to UI deficit financing, and the planned data collection includes a qualitative interviews with Federal and state officials who play roles in the deficit financing process, as well as interviews with finance professionals and bond underwriters to understand their perspectives. This information will be used, along with materials from a literature search and environmental scan, to better understand the factors that influence state decisions between possible financing methods.

    This Federal Register Notice provides the opportunity to comment on proposed data collection instruments that will be used during structured interviews to identify factors involved in decisions concerning which deficit financing methods are used, as well as describing the perceived benefits and potential challenges in their use.

    II. Desired Focus of Comments: Currently, DOL is soliciting comments concerning the above data collection to support an analysis of alternative strategies for UI deficit financing. DOL is particularly interested in comments that do the following:

    • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility.

    • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.

    • Enhance the quality, utility, and clarity of the information to be collected.

    • 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- for example, permitting electronic submission of responses.

    III. Current Actions: At this time, the Department of Labor is requesting clearance for structured interviews.

    Type of Review: New information collection request.

    OMB Control Number: 1290-0NEW.

    Affected Public: State, professionals in public finance and public bond underwriters.

    Estimated Total Burden Hours Instrument Total
  • number of
  • respondents
  • Annual
  • number of
  • respondents
  • Number of
  • Responses
  • per
  • respondent
  • Average
  • burden per
  • response
  • (hours)
  • Annual
  • estimated
  • burden
  • (hours)
  • Total
  • estimated
  • burden
  • (hours)
  • State UI Directors 8 3 1 2 5.3 16 State officials/Senior Staff 8 3 1 1 2.7 8 Additional State staff 32 11 1 2 21.3 64 Bond market representatives 6 2 1 1 2.0 6 Unduplicated Totals 54 19 31.3 94

    Comments submitted in response to this request will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record.

    Dated: December 1, 2017. Molly Irwin, Chief Evaluation Officer, U.S. Department of Labor.
    [FR Doc. 2017-26668 Filed 12-8-17; 8:45 am] BILLING CODE 4510-HX-P
    NATIONAL CREDIT UNION ADMINISTRATION Sunshine Act Meeting TIME AND DATE:

    10:00 a.m., Thursday, December 14, 2017.

    PLACE:

    Board Room, 7th Floor, Room 7047, 1775 Duke Street (All visitors must use Diagonal Road Entrance), Alexandria, VA 22314-3428.

    STATUS:

    Open.

    MATTERS TO BE CONSIDERED:

    1. NCUA's Rules and Regulations, Emergency Mergers.

    2. NCUA's Rules and Regulations, Agency Reorganization.

    RECESS:

    10:30 a.m.

    TIME AND DATE:

    10:45 a.m., Thursday, December 14, 2017.

    PLACE:

    Board Room, 7th Floor, Room 7047, 1775 Duke Street, Alexandria, VA 22314-3428.

    STATUS:

    Closed.

    MATTERS TO BE CONSIDERED:

    1. Supervisory Action. Closed pursuant to Exemptions (7), (8), and (9)(ii).

    2. Request under Section 205(d) of the Federal Credit Union Act. Closed pursuant to Exemption (6).

    FOR FURTHER INFORMATION CONTACT:

    Gerard Poliquin, Secretary of the Board, Telephone: 703-518-6304.

    Gerard Poliquin, Secretary of the Board.
    [FR Doc. 2017-26749 Filed 12-7-17; 4:15 pm] BILLING CODE 7535-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0001] Sunshine Act Meetings DATE:

    Weeks of December 11, 18, 25, 2017, January 1, 8, 15, 2018.

    PLACE:

    Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.

    STATUS:

    Public and closed.

    Week of December 11, 2017—Tentative Monday, December 11, 2017. 2:30 p.m. Affirmation Session (Public Meeting) (Tentative) Florida Power & Light Co. (Turkey Point Nuclear Generating Units 6 and 7), Appeal of LBP-17-6 (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.

    Week of January 1, 2018—Tentative

    There are no meetings scheduled for the week of January 1, 2018.

    Week of January 8, 2018—Tentative

    There are no meetings scheduled for the week of January 8, 2018.

    Week of January 15, 2018—Tentative Thursday, January 18, 2017 9:00 a.m. Strategic Programmatic Overview of the Decommissioning and Low-Level Waste and Spent Fuel Storage and Transportation Business Lines (Public Meeting) (Contact: Damaris Marcano: 301-415-7328)

    This meeting will be webcast live at the Web address—http://www.nrc.gov/.

    Additional Information

    By a vote of 3-0 on December 6, 2017, the Commission determined pursuant to U.S.C. 552b(e) and § 9.107(a) of the Commission's rules that the above referenced Affirmation Session be held with less than one week notice to the public. The meeting is scheduled on December 11, 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]nrc.gov or [email protected]

    Dated: December 6, 2017. Denise L. McGovern, Policy Coordinator, Office of the Secretary.
    [FR Doc. 2017-26705 Filed 12-7-17; 11:15 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket No. 40-9083; NRC-2017-0036] U.S. Army Installation Management Command; Davy Crockett M101 Depleted Uranium Spotting Rounds AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    License amendment application; opportunity to request a hearing and to petition for leave to intervene.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) has received an application from the U.S. Army Installation Management Command (Army) for amendment of Source Materials License No. SUC-1593 which authorizes possession only of depleted uranium (DU) from the Davy Crockett M101 spotting rounds. The amendment would allow the Army to correct sizing/scaling errors in Figure 1-2 of the Fort Polk, Fort Riley, and Pohakuloa Training Area (PTA) Site-Specific Environmental Radiation Monitoring Plan (ERMP) annexes to the Programmatic ERMP.

    DATES:

    A request for a hearing or petition for leave to intervene must be filed by February 9, 2018.

    ADDRESSES:

    Please refer to Docket ID NRC-2017-0036 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2017-0036. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual(s) listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    Amy Snyder, Senior Project Manager, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-6822, email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Introduction

    In an application dated June 1, 2017 (ADAMS Accession No. ML17158B356), the Army requested an amendment to correct sizing/scaling errors in Figure 1-2 of the Fort Polk, Fort Riley, and PTA Site-Specific ERMP annexes to the Programmatic ERMP, incorporated by reference in Source Materials License No. SUC-1593 (ADAMS Accession No. ML16343A164). In addition, the Army requested an amendment to the license that would allow the Army to make future changes to correct similar “minor errors” in annexes to the Programmatic ERMP without submittal of a license amendment request.

    The staff completed its administrative acceptance review of the application and determined that the request to correct specific figure sizing/scaling errors in the identified Site-Specific ERMP annexes contains sufficient information for the staff to begin a detailed technical review. However, the staff determined that the Army's proposal to make similar future “minor changes” to annexes to the Programmatic ERMP without NRC approval did not contain enough information to accept the request for detailed technical review. In the staff's acceptance review letter (ADAMS Accession No. ML17226A205), the staff informed the Army that the staff will begin its detailed technical review of the changes to correct figure sizing/scaling errors in the Site-Specific ERMP annexes for Fort Polk, Fort Riley, and PTA.1 In order to issue the requested amendment, the NRC will need to make the findings required by the Atomic Energy Act of 1954, as amended (the Act), and the NRC's regulations. The NRC's findings will be documented in a safety evaluation report.

    1 In the acceptance review letter, the NRC also informed the Army that if the Army wishes to pursue the change process portion of its license amendment request, it would need to supplement its application within 30 calendar days, by October 20, 2017, of the date of the acceptance review letter. If this supplementary information was not received by then, the staff would continue to process the license amendment request, to include the appropriate noticing in the Federal Register, without further consideration of the change process portion. The Army has not provided any supplemental information to date. As a result, the NRC will not consider the change process portion of the Army's June 1, 2017 amendment application.

    II. Opportunity To Request a Hearing and Petition for Leave To Intervene

    Within 60 days after the date of publication of this notice, any persons (petitioner) whose interest may be affected by this action may file a request for a hearing and petition for leave to intervene (petition) with respect to the action. Petitions shall be filed in accordance with the Commission's “Agency Rules of Practice and Procedure” in part 2 of title 10 of the Code of Federal Regulations (10 CFR). Interested persons should consult a current copy of 10 CFR 2.309. The NRC's regulations are accessible electronically from the NRC Library on the NRC's Web site at http://www.nrc.gov/reading-rm/doc-collections/cfr/. Alternatively, a copy of the regulations is available at the NRC's Public Document Room, located at One White Flint North, Room O1-F21, 11555 Rockville Pike (1st floor), Rockville, Maryland 20852. If a petition is filed, the Commission or a presiding officer will rule on the petition and, if appropriate, a notice of a hearing will be issued.

    As required by 10 CFR 2.309(d) the petition should specifically explain the reasons why intervention should be permitted with particular reference to the following general requirements for standing: (1) The name, address, and telephone number of the petitioner; (2) the nature of the petitioner's right under the Act to be made a party to the proceeding; (3) the nature and extent of the petitioner's property, financial, or other interest in the proceeding; and (4) the possible effect of any decision or order which may be entered in the proceeding on the petitioner's interest.

    In accordance with 10 CFR 2.309(f), the petition must also set forth the specific contentions which the petitioner seeks to have litigated in the proceeding. Each contention must consist of a specific statement of the issue of law or fact to be raised or controverted. In addition, the petitioner must provide a brief explanation of the bases for the contention and a concise statement of the alleged facts or expert opinion which support the contention and on which the petitioner intends to rely in proving the contention at the hearing. The petitioner must also provide references to the specific sources and documents on which the petitioner intends to rely to support its position on the issue. The petition must include sufficient information to show that a genuine dispute exists with the applicant or licensee on a material issue of law or fact. Contentions must be limited to matters within the scope of the proceeding. The contention must be one which, if proven, would entitle the petitioner to relief. A petitioner who fails to satisfy the requirements at 10 CFR 2.309(f) with respect to at least one contention will not be permitted to participate as a party.

    Those permitted to intervene become parties to the proceeding, subject to any limitations in the order granting leave to intervene. Parties have the opportunity to participate fully in the conduct of the hearing with respect to resolution of that party's admitted contentions, including the opportunity to present evidence, consistent with the NRC's regulations, policies, and procedures.

    Petitions must be filed no later than 60 days from the date of publication of this notice. Petitions and motions for leave to file new or amended contentions that are filed after the deadline will not be entertained absent a determination by the presiding officer that the filing demonstrates good cause by satisfying the three factors in 10 CFR 2.309(c)(1)(i) through (iii). The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document.

    A State, local governmental body, Federally-recognized Indian Tribe, or agency thereof, may submit a petition to the Commission to participate as a party under 10 CFR 2.309(h)(1). The petition should state the nature and extent of the petitioner's interest in the proceeding. The petition should be submitted to the Commission no later than 60 days from the date of publication of this notice. The petition must be filed in accordance with the filing instructions in the “Electronic Submissions (E-Filing)” section of this document, and should meet the requirements for petitions set forth in this section. Alternatively, a State, local governmental body, Federally-recognized Indian Tribe, or agency thereof may participate as a non-party under 10 CFR 2.315(c).

    If a hearing is granted, any person who is not a party to the proceeding and is not affiliated with or represented by a party may, at the discretion of the presiding officer, be permitted to make a limited appearance pursuant to the provisions of 10 CFR 2.315(a). A person making a limited appearance may make an oral or written statement of his or her position on the issues but may not otherwise participate in the proceeding. A limited appearance may be made at any session of the hearing or at any prehearing conference, subject to the limits and conditions as may be imposed by the presiding officer. Details regarding the opportunity to make a limited appearance will be provided by the presiding officer if such sessions are scheduled.

    III. Electronic Submissions (E-Filing)

    All documents filed in NRC adjudicatory proceedings, including a request for hearing and petition for leave to intervene (petition), any motion or other document filed in the proceeding prior to the submission of a request for hearing or petition to intervene, and documents filed by interested governmental entities that request to participate under 10 CFR 2.315(c), must be filed in accordance with the NRC's E-Filing rule (72 FR 49139; August 28, 2007, as amended at 77 FR 46562, August 3, 2012). The E-Filing process requires participants to submit and serve all adjudicatory documents over the internet, or in some cases to mail copies on electronic storage media. Detailed guidance on making electronic submissions may be found in the Guidance for Electronic Submissions to the NRC and on the NRC Web site at http://www.nrc.gov/site-help/e-submittals.html. Participants may not submit paper copies of their filings unless they seek an exemption in accordance with the procedures described below.

    To comply with the procedural requirements of E-Filing, at least 10 days prior to the filing deadline, the participant should contact the Office of the Secretary by email at [email protected], or by telephone at 301-415-1677, to (1) request a digital identification (ID) certificate, which allows the participant (or its counsel or representative) to digitally sign submissions and access the E-Filing system for any proceeding in which it is participating; and (2) advise the Secretary that the participant will be submitting a petition or other adjudicatory document (even in instances in which the participant, or its counsel or representative, already holds an NRC-issued digital ID certificate). Based upon this information, the Secretary will establish an electronic docket for the hearing in this proceeding if the Secretary has not already established an electronic docket.

    Information about applying for a digital ID certificate is available on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals/getting-started.html. Once a participant has obtained a digital ID certificate and a docket has been created, the participant can then submit adjudicatory documents. Submissions must be in Portable Document Format (PDF). Additional guidance on PDF submissions is available on the NRC's public Web site at http://www.nrc.gov/site-help/electronic-sub-ref-mat.html. A filing is considered complete at the time the document is submitted through the NRC's E-Filing system. To be timely, an electronic filing must be submitted to the E-Filing system no later than 11:59 p.m. Eastern Time on the due date. Upon receipt of a transmission, the E-Filing system time-stamps the document and sends the submitter an email notice confirming receipt of the document. The E-Filing system also distributes an email notice that provides access to the document to the NRC's Office of the General Counsel and any others who have advised the Office of the Secretary that they wish to participate in the proceeding, so that the filer need not serve the document on those participants separately. Therefore, applicants and other participants (or their counsel or representative) must apply for and receive a digital ID certificate before adjudicatory documents are filed so that they can obtain access to the documents via the E-Filing system.

    A person filing electronically using the NRC's adjudicatory E-Filing system may seek assistance by contacting the NRC's Electronic Filing Help Desk through the “Contact Us” link located on the NRC's public Web site at http://www.nrc.gov/site-help/e-submittals.html, by email to [email protected], or by a toll-free call at 1-866-672-7640. The NRC Electronic Filing Help Desk is available between 9 a.m. and 6 p.m., Eastern Time, Monday through Friday, excluding government holidays.

    Participants who believe that they have a good cause for not submitting documents electronically must file an exemption request, in accordance with 10 CFR 2.302(g), with their initial paper filing stating why there is good cause for not filing electronically and requesting authorization to continue to submit documents in paper format. Such filings must be submitted by: (1) First class mail addressed to the Office of the Secretary of the Commission, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, Attention: Rulemaking and Adjudications Staff; or (2) courier, express mail, or expedited delivery service to the Office of the Secretary, 11555 Rockville Pike, Rockville, Maryland 20852, Attention: Rulemaking and Adjudications Staff. Participants filing adjudicatory documents in this manner are responsible for serving the document on all other participants. Filing is considered complete by first-class mail as of the time of deposit in the mail, or by courier, express mail, or expedited delivery service upon depositing the document with the provider of the service. A presiding officer, having granted an exemption request from using E-Filing, may require a participant or party to use E-Filing if the presiding officer subsequently determines that the reason for granting the exemption from use of E-Filing no longer exists.

    Documents submitted in adjudicatory proceedings will appear in the NRC's electronic hearing docket which is available to the public at https://adams.nrc.gov/ehd, unless excluded pursuant to an order of the Commission or the presiding officer. If you do not have an NRC-issued digital ID certificate as described above, click cancel when the link requests certificates and you will be automatically directed to the NRC's electronic hearing dockets where you will be able to access any publicly available documents in a particular hearing docket.

    Participants are requested not to include personal privacy information, such as social security numbers, home addresses, or personal phone numbers in their filings, unless an NRC regulation or other law requires submission of such information. For example, in some instances, individuals provide home addresses in order to demonstrate proximity to a facility or site. With respect to copyrighted works, except for limited excerpts that serve the purpose of the adjudicatory filings and would constitute a Fair Use application, participants are requested not to include copyrighted materials in their submission.

    Dated at Rockville, Maryland, this 5th day of December 2017.

    For the Nuclear Regulatory Commission.

    Stephen Koenick, Chief, Materials Decommissioning Branch, Division of Decommissioning, Uranium Recovery, and Waste Programs, Office of Nuclear Material Safety and Safeguards.
    [FR Doc. 2017-26603 Filed 12-8-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [NRC-2017-0116] Information Collection: Public Records 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, “Public Records.” The NRC updated two forms integral to the agency's Freedom of Information Act (FOIA) process, NRC Form 509, “Statement of Estimated Fees for Freedom of Information Act (FOIA) Request” and NRC Form 507, “Freedom of Information—Privacy Act Record Request Form.”

    DATES:

    Submit comments by January 10, 2018.

    ADDRESSES:

    Submit comments directly to the OMB reviewer at: Brandon F. DeBruhl, Desk Officer, Office of Information and Regulatory Affairs (3150-0043), 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-2017-0116 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-2017-0116.

    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] NRC Form 509 and NRC Form 507 are available in ADAMS under Accession Nos. ML17172A497 and ML17178A261, respectively. The supporting statement can be found in ADAMS under Accession No. ML17324A146.

    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, 10 CFR part 9, “Public Records.” 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 September 22, 2017, 82 FR 44470.

    1. The title of the information collection: 10 CFR part 9, “Public Records.”

    2. OMB approval number: 3150-0043.

    3. Type of submission: Extension.

    4. The form number if applicable: NRC Form 509; NRC Form 507.

    5. How often the collection is required or requested: On occasion.

    6. Who will be required or asked to respond: FOIA Requesters who have requests that require pre-payment or agree to pay for the processing of their FOIA requests.

    7. The estimated number of annual responses: 2,490.

    8. The estimated number of annual respondents: 2,490.

    9. An estimate of the total number of hours needed annually to comply with the information collection requirement or request: 1,111.

    10. Abstract: The proposed information collection activity provides communication with FOIA requesters to have the opportunity to be notified about any fees to process their FOIA requests. Providing NRC Form 509 to a requester serves as notification of the processing fees as it relates to search, review, and duplication. Pursuant to NRC's regulations, 10 CFR 9.40, when fees exceed $ 25.00 the requester has the opportunity to re-scope their request. Additionally, in response to the FOIA Improvement Act of 2016, in accordance with 10 CFR 9.39, the revised form notifies the requester that if the agency fails to comply with statutory time limits, the agency cannot charge the requester any fees (except in unusual circumstances). In the event that fees are required, the requester can verify their willingness to pay on this form, and must submit payment within ten working days of the receipt of the form. In addition, the NRC created Form 507 which allows the public to electronically submit FOIA requests from the FOIA Web site. Unlike the previous online FOIA request submission form, requesters can provide identification verification at the time the request is made, which shortens the processing time.

    Dated at Rockville, Maryland, this 5th day of December 2017.

    For the Nuclear Regulatory Commission.

    David Cullison, NRC Clearance Officer, Office of the Chief Information Officer.
    [FR Doc. 2017-26547 Filed 12-8-17; 8:45 am] BILLING CODE 7590-01-P
    NUCLEAR REGULATORY COMMISSION [Docket Nos. 52-025 and 52-026; NRC-2008-0252] Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Addition of New Turbine Building Sump Pumps AGENCY:

    Nuclear Regulatory Commission.

    ACTION:

    Exemption and combined license amendment; issuance.

    SUMMARY:

    The U.S. Nuclear Regulatory Commission (NRC) is granting an exemption to allow a departure from elements of the certification information of Tier 1 of the generic AP1000 design control document (DCD) and is issuing License Amendment Nos. 96 and 95 to Combined Licenses (COL), NPF-91 and NPF-92, respectively. The COLs were issued to Southern Nuclear Operating Company, Inc. (SNC), and Georgia Power Company, Oglethorpe Power Corporation, MEAG Power SPVM, LLC, MEAG Power SPVJ, LLC, MEAG Power SPVP, LLC, Authority of Georgia, and the City of Dalton, Georgia (the licensee); for construction and operation of the Vogtle Electric Generating Plant (VEGP) Units 3 and 4, located in Burke County, Georgia.

    The granting of the exemption allows the changes to Tier 1 information asked for in the amendment. Because the acceptability of the exemption was determined in part by the acceptability of the amendment, the exemption and amendment are being issued concurrently.

    DATES:

    The exemption and amendment were issued on November 6, 2017.

    ADDRESSES:

    Please refer to Docket ID NRC-2008-0252 when contacting the NRC about the availability of information regarding this document. You may obtain publicly-available information related to this document using any of the following methods:

    Federal Rulemaking Web site: Go to http://www.regulations.gov and search for Docket ID NRC-2008-0252. Address questions about NRC dockets to Carol Gallagher; telephone: 301-415-3463; email: [email protected] For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document.

    NRC's Agencywide Documents Access and Management System (ADAMS): You may obtain publicly-available documents online in the ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select “ADAMS Public Documents” and then select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room (PDR) reference staff at 1-800-397-4209, 301-415-4737, or by email to [email protected] The ADAMS accession number for each document referenced (if it is available in ADAMS) is provided the first time that it is mentioned in this document. The request for the amendment and exemption was submitted by letter dated December 22, 2015, as revised by letters dated July 27, 2016, May 19, 2017, and the response to the staff's request for additional information dated August 31, 2017, (ADAMS Accession Nos. ML15356A655, ML16209A477, ML17139D394, and ML17243A459, respectively), titled, “Addition of Two Turbine Building Sump Pumps,” and designated License Amendment Request (LAR) 15-019.

    NRC's PDR: You may examine and purchase copies of public documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 Rockville Pike, Rockville, Maryland 20852.

    FOR FURTHER INFORMATION CONTACT:

    William Gleaves, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-5848; email: [email protected]

    SUPPLEMENTARY INFORMATION: I. Introduction

    The NRC is granting an exemption from paragraph B of section III, “Scope and Contents,” of appendix D, “Design Certification Rule for the AP1000,” to part 52 of title 10 of the Code of Federal Regulations (10 CFR), and issuing License Amendment Nos. 96 and 95 to COLs, NPF-91 and NPF-92, respectively, to the licensee. The exemption is required by paragraph A.4 of section III, “Processes for Changes and Departures,” appendix D, to 10 CFR part 52 to allow the licensee to depart from Tier 1 information. With the requested amendment, the licensee sought proposed changes to the Updated Final Safety Analysis Report (UFSAR) in the form of departures from the incorporated plant-specific DCD Tier 2 information and involves changes to COL Appendix C and COL Appendix A, Technical Specifications. The proposed changes revise the licensing basis documents to depart from COL Appendix C information (with corresponding changes to the associated plant-specific Tier 1 information) and associated changes to Tier 2 information in the VEGP UFSAR. The proposed changes were to accommodate increased flow to the turbine building main sumps during condensate polishing system rinsing operations. SNC also requested related exemptions from the Commission's regulations.

    Part of the justification for granting the exemption was provided by the review of the amendment. Because the exemption is necessary in order to issue the requested license amendment, the NRC granted the exemption and issued the amendment concurrently, rather than in sequence. This included issuing a combined safety evaluation containing the NRC staff's review of both the exemption request and the license amendment. The exemption met all applicable regulatory criteria set forth in §§ 50.12, 52.7, and section VIII.A.4 of appendix D to 10 CFR part 52. The license amendment was found to be acceptable as well. The combined safety evaluation is available in ADAMS under Accession No. ML17272A280.

    Identical exemption documents (except for referenced unit numbers and license numbers) were issued to the licensee for VEGP Units 3 and 4 (COLs NPF-91 and NPF-92). The exemption documents for VEGP Units 3 and 4 can be found in ADAMS under Accession Nos. ML17272A278 and ML17272A279, respectively. The exemption is reproduced (with the exception of abbreviated titles and additional citations) in Section II of this document. The amendment documents for COLs NPF-91 and NPF-92 are available in ADAMS under Accession Nos. ML17272A275 and ML17272A276, respectively. A summary of the amendment documents is provided in Section III of this document.

    II. Exemption

    Reproduced below is the exemption document issued to VEGP Units 3 and Unit 4. It makes reference to the combined safety evaluation that provides the reasoning for the findings made by the NRC (and listed under Item 1) in order to grant the exemption:

    1. In a letter dated December 22, 2015, as revised by letters dated July 27, 2016, May 19, 2017, and the response to the staff's request for additional information dated August 31, 2017, Southern Nuclear Operating Company requested from the Nuclear Regulatory Commission (NRC or Commission) an exemption to allow departures from Tier 1 information in the certified DCD incorporated by reference in 10 CFR part 52, appendix D, “Design Certification Rule for the AP1000 Design,” as part of LAR 15-019, “Addition of New Turbine Building Sump Pumps.”

    For the reasons set forth in Section 3.1 of the NRC staff's safety evaluation, which can be found at ADAMS Accession No. ML17272A280, the Commission finds that:

    A. The exemption is authorized by law;

    B. the exemption presents no undue risk to public health and safety;

    C. the exemption is consistent with the common defense and security;

    D. special circumstances are present in that the application of the rule in this circumstance is not necessary to serve the underlying purpose of the rule;

    E. the special circumstances outweigh any decrease in safety that may result from the reduction in standardization caused by the exemption; and

    F. the exemption will not result in a significant decrease in the level of safety otherwise provided by the design.

    2. Accordingly, the licensee is granted an exemption from the certified DCD Tier 1 information, with corresponding changes to Appendix C of the Facility Combined Licenses as described in the request dated December 22, 2015, as revised by letters dated July 27, 2016, May 19, 2017, and the response to the staff's request for additional information dated August 31, 2017. This exemption is related to, and necessary for, the granting of License Amendment Nos. 96 and 95, which is being issued concurrently with this exemption.

    3. As explained in Section 6.0 of the NRC staff's Safety Evaluation (ADAMS Accession No. ML17272A280, this exemption meets the eligibility criteria for categorical exclusion set forth in 10 CFR 51.22(c)(9). Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment needs to be prepared in connection with the issuance of the exemption.

    4. This exemption is effective as of the date of its issuance.

    III. License Amendment Request

    By letter dated December 22, 2015, as revised by letters dated July 27, 2016, May 19, 2017, and the response to the staff's request for additional information dated August 31, 2017 (ADAMS Accession Nos. ML15356A655, ML16209A477, ML17139D394, and ML17243A459, respectively), the licensee requested that the NRC amend the COLs for VEGP, Units 3 and 4, COLs NPF-91 and NPF-92. The proposed amendment is described in Section I of this Federal Register notice.

    The Commission has determined for these amendments that the application complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulations. The Commission has made appropriate findings as required by the Act and the Commission's rules and regulations in 10 CFR Chapter I, which are set forth in the license amendment.

    A notice of consideration of issuance of amendment to facility operating license or COL, as applicable, proposed no significant hazards consideration determination, and opportunity for a hearing in connection with these actions, was published in the Federal Register on July 5, 2017 (82 FR 31089). No comments were received during the 30-day comment period.

    The Commission has determined that these amendments satisfy the criteria for categorical exclusion in accordance with 10 CFR 51.22. Therefore, pursuant to 10 CFR 51.22(b), no environmental impact statement or environmental assessment need be prepared for these amendments.

    IV. Conclusion

    Using the reasons set forth in the combined safety evaluation, the staff granted the exemption and issued the amendment that the licensee requested on December 22, 2015, as revised by letters dated July 27, 2016, May 19, 2017, and the response to the staff's request for additional information dated August 31, 2017.

    The exemption and amendment were issued on November 6, 2017, as part of a combined package to the licensee (ADAMS Accession No. ML17272A272).

    Dated at Rockville, Maryland, this 6th day of December 2017.

    For the Nuclear Regulatory Commission.

    Jennifer L. Dixon-Herrity, Chief, Licensing Branch 4, Division of New Reactor Licensing, Office of New Reactors.
    [FR Doc. 2017-26602 Filed 12-8-17; 8:45 am] BILLING CODE 7590-01-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Survivor Annuity Election for a Spouse, RI 20-63; Cover Letter Giving Information About the Cost To Elect Less Than the Maximum Survivor Annuity, RI 20-116; Cover Letter Giving Information About the Cost To Elect the Maximum Survivor Annuity, RI 20-117 AGENCY:

    Office of Personnel Management.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection, Survivor Annuity Election for a Spouse, RI 20-63; Cover Letter Giving Information About the Cost to Elect Less Than the Maximum Survivor Annuity, RI 20-116; Cover Letter Giving Information About the Cost to Elect the Maximum Survivor Annuity, RI 20-117.

    DATES:

    Comments are encouraged and will be accepted until January 10, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of this information collection, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW., Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to [email protected] or faxed to (202) 606-0910.

    SUPPLEMENTARY INFORMATION:

    As required by the Paperwork Reduction Act of 1995 OPM is soliciting comments for this collection. The information collection (OMB No. 3206-0174) was previously published in the Federal Register on May 8, 2017, at 82 FR 21433, allowing for a 60-day public comment period. No comments were received for this collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget 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.

    Form RI 20-63 is used by annuitants to elect a reduced annuity with a survivor annuity for their spouse. Form RI 20-116 is a cover letter for RI 20-63 giving information about the cost to elect less than the maximum survivor annuity. This letter is used to supply the information requested by the annuitant about the cost of electing less than the maximum annuity. Form RI 20-117 is a cover letter for RI 20-63 giving information about the cost to elect the maximum survivor annuity.

    Analysis

    Agency: Retirement Operations, Retirement Services, Office of Personnel Management.

    Title: Survivor Annuity Election for a Spouse; Cover Letter Giving Information about the Cost to Elect Less Than the Maximum Survivor Annuity; Cover Letter Giving Information about the Cost to Elect the Maximum Survivor Annuity.

    OMB Number: 3206-0174.

    Frequency: On occasion.

    Affected Public: Individual or Households.

    Number of Respondents: RI 20-63 = 2,400; RI 20-116 & RI 20-117 = 200.

    Estimated Time per Respondent: 55 Minutes [RI 20-63 = 45 minutes; RI 20-116 & RI 20-117 = 10 minutes].

    Total Burden Hours: 1,834.

    Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2017-26613 Filed 12-8-17; 8:45 am] BILLING CODE 6325-38-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Marital Status Certification Survey, RI 25-7 AGENCY:

    Office of Personnel Management.

    ACTION:

    60-Day notice and request for comments.

    SUMMARY:

    The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection request (ICR), Marital Status Certification Survey, RI 25-7.

    DATES:

    Comments are encouraged and will be accepted until February 9, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to Retirement Services, U.S. Office of Personnel Management, 1900 E Street NW., Washington, DC 20415, Attention: Alberta Butler, Room 2347-E, or sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    A copy of this ICR with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW., Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to [email protected] or faxed to (202) 606-0910.

    SUPPLEMENTARY INFORMATION:

    As required by the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), OPM is soliciting comments for this collection (OMB No. 3206-0033). The Office of Management and Budget is particularly interested in comments that:

    1. Evaluate whether the proposed collection of information is necessary for the proper performance of 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.

    Form RI 25-7 is used to determine whether widows, widowers, and former spouses receiving survivor annuities from OPM have remarried before reaching age 55 and, thus, are no longer eligible for benefits.

    Analysis

    Agency: Retirement Operations, Retirement Services, Office of Personnel Management.

    Title: Marital Status Certification Survey.

    OMB Number: 3206-0033.

    Frequency: Annually.

    Affected Public: Individuals or Households.

    Number of Respondents: 24,000.

    Estimated Time Per Respondent: 15 minutes.

    Total Burden Hours: 6,000 hours.

    U.S. Office of Personnel Management.

    Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2017-26611 Filed 12-8-17; 8:45 am] BILLING CODE 6325-38-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: CyberCorps®: Scholarship for Service (SFS) Registration Web Site AGENCY:

    Office of Personnel Management.

    ACTION:

    60-Day notice and request for comments.

    SUMMARY:

    Office of Personnel Management (OPM), Staff Acquisition Group, offers the general public and other Federal agencies the opportunity to comment on an emergency processing request for reinstatement, without change, of a previously approved information collection request (ICR) 3206-0246, Scholarship for Service Program Registration Web site, for which approval has expired. The Cyber Corps®: Scholarship for Service (SFS) program is designed to help Federal agencies find the talent they need to protect the government's critical information infrastructure. This program provides scholarships to students in cybersecurity fields in exchange for government service upon graduation. OPM is requesting the Office of Management and Budget (OMB) take action on the information collection reinstatement within five (5) calendar days of the request.

    DATES:

    Comments are encouraged and will be accepted until February 9, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Personnel Management, Mid-Atlantic Services Branch, 200 Granby Street, Suite 500, Norfolk, VA 23510-1886, Attention: Stephanie Travis or sent via electronic mail to [email protected]

    FOR FURTHER INFORMATION CONTACT:

    A copy of this ICR, with applicable supporting documentation, may be obtained by contacting the Mid-Atlantic Services Branch, 200 Granby Street, Suite 500, Norfolk, VA 23510-1886, Attention: Stephanie Travis or sent via electronic mail to [email protected]

    SUPPLEMENTARY INFORMATION:

    This notice announces OPM has submitted to OMB a request for emergency review of a previously approved information collection request (ICR) 3206-0246, Scholarship for Service Program Registration Web site. OPM requests OMB take action on this reinstatement within five (5) calendar days of receiving the request. As required by the Paperwork Reduction Act of 1995, (Pub. L. 104-13, 44 U.S.C. chapter 35) as amended by the Clinger-Cohen Act (Pub. L. 104-106), OPM is soliciting comments for this collection (ICR 3206-0246). 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.

    The Scholarship for Service Program was established by the National Science Foundation (NSF), in collaboration with the Office of Personnel Management (OPM) and the Department of Homeland Security (DHS), in accordance with the Cybersecurity Enhancement Act of 2014 (Pub. L. 113-274). NSF partners with OPM's Human Resources Solutions (HRS), under a reimbursable agreement, to support this initiative by administering the program. This initiative reflects the critical need for Information Technology (IT) professionals, industrial control system security professionals, and security managers in Federal, State, local and tribal governments. Students identified by their institutions for SFS Scholarships must meet selection criteria based on prior academic performance, likelihood of success in obtaining the degree, and suitability for government employment. Upon graduation, scholarship recipients are required to work a period equal to the length of their scholarship in Federal, State, Local or Tribal Government or in other approved organization as cybersecurity professionals. Approval of the Web page is necessary to facilitate the timely registration, selection and placement of program-enrolled students in Government agencies. OPM has taken all practicable steps to consult with Federal agency stakeholders and the public to minimize the burden of this information collection request. OPM conducted a Privacy Impact Assessment on May 3, 2017.

    Analysis

    Agency: CyberCorps®: Scholarship for Service Program, Staff Acquisition Group, Office of Personnel Management.

    Title: Scholarship for Service (SFS) Program Internet Site.

    OMB Number: 3206-0246.

    Frequency: Annually.

    Affected Public: Individuals or Households.

    Number of Respondents: 630.

    Estimated Time per Respondent: 1 hour.

    Total Burden Hours: 630 hours.

    Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2017-26614 Filed 12-8-17; 8:45 am] BILLING CODE 6325-43-P
    OFFICE OF PERSONNEL MANAGEMENT Submission for Review: Application To Make Deposit or Redeposit (CSRS)—SF 2803 and Application To Make Service Credit Payment for Civilian Service (FERS)—SF 3108 AGENCY:

    Office of Personnel Management.

    ACTION:

    30-Day notice and request for comments.

    SUMMARY:

    The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on a revised information collection, Application to Make Deposit or Redeposit (CSRS)—SF 2803 and Application to Make Service Credit Payment for Civilian Service (FERS)—SF 3108.

    DATES:

    Comments are encouraged and will be accepted until January 10, 2018.

    ADDRESSES:

    Interested persons are invited to submit written comments on the proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street NW., Washington, DC 20503, Attention: Desk Officer for the Office of Personnel Management or sent via electronic mail to [email protected] or faxed to (202) 395-6974.

    FOR FURTHER INFORMATION CONTACT:

    A copy of this information collection, with applicable supporting documentation, may be obtained by contacting the Retirement Services Publications Team, Office of Personnel Management, 1900 E Street NW., Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to [email protected] or faxed to (202) 606-0910.

    SUPPLEMENTARY INFORMATION:

    As required by the Paperwork Reduction Act of 1995 OPM is soliciting comments for this collection. The information collection (OMB No. 3206-0134) was previously published in the Federal Register on April 13, 2017, at 82 FR 17891, allowing for a 60-day public comment period. No comments were received for this collection. The purpose of this notice is to allow an additional 30 days for public comments. The Office of Management and Budget 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.

    SF 2803, Application to Make Deposit or Redeposit (CSRS) and SF 3108, Application to Make Service Credit Payment for Civilian Service (FERS), are applications to make payment used by persons who are eligible to pay for Federal service which was not subject to retirement deductions which were subsequently refunded to the applicant.

    Analysis

    Agency: Retirement Operations, Retirement Services, Office of Personnel Management.

    Title: Application to Make Deposit or Redeposit (CSRS), and Application to Make Service Credit Payment for Civilian Service (FERS).

    OMB Number: 3206-0134.

    Frequency: On occasion.

    Affected Public: Individual or Households.

    Number of Respondents: 150.

    Estimated Time per Respondent: 30 minutes.

    Total Burden Hours: 75.

    Office of Personnel Management. Kathleen M. McGettigan, Acting Director.
    [FR Doc. 2017-26612 Filed 12-8-17; 8:45 am] BILLING CODE 6325-38-P
    POSTAL REGULATORY COMMISSION [Docket Nos. MC2018-42 and CP2018-72; MC2018-43 and CP2018-73; MC2018-44 and CP2018-74] New Postal Products AGENCY:

    Postal Regulatory Commission.

    ACTION:

    Notice.

    SUMMARY:

    The Commission is noticing recent Postal Service filings for the Commission's consideration concerning negotiated service agreements. This notice informs the public of the filing, invites public comment, and takes other administrative steps.

    DATES:

    Comments are due: December 13, 2017.

    ADDRESSES:

    Submit comments electronically via the Commission's Filing Online system at http://www.prc.gov. Those who cannot submit comments electronically should contact the person identified in the FOR FURTHER INFORMATION CONTACT section by telephone for advice on filing alternatives.

    FOR FURTHER INFORMATION CONTACT:

    David A. Trissell, General Counsel, at 202-789-6820.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Docketed Proceeding(s) I. Introduction

    The Commission gives notice that the Postal Service filed request(s) for the Commission to consider matters related to negotiated service agreement(s). The request(s) may propose the addition or removal of a negotiated service agreement from the market dominant or the competitive product list, or the modification of an existing product currently appearing on the market dominant or the competitive product list.

    Section II identifies the docket number(s) associated with each Postal Service request, the title of each Postal Service request, the request's acceptance date, and the authority cited by the Postal Service for each request. For each request, the Commission appoints an officer of the Commission to represent the interests of the general public in the proceeding, pursuant to 39 U.S.C. 505 (Public Representative). Section II also establishes comment deadline(s) pertaining to each request.

    The public portions of the Postal Service's request(s) can be accessed via the Commission's Web site (http://www.prc.gov). Non-public portions of the Postal Service's request(s), if any, can be accessed through complian