Page Range | 12393-12502 | |
FR Document |
Page and Subject | |
---|---|
82 FR 12499 - White House Initiative To Promote Excellence and Innovation at Historically Black Colleges and Universities | |
82 FR 12497 - Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ``Waters of the United States'' Rule | |
82 FR 12488 - Sunshine Act Meetings; Unified Carrier Registration Plan Board of Directors | |
82 FR 12473 - Sunshine Act Meeting Notice | |
82 FR 12438 - Initiation of Five-Year (“Sunset”) Reviews | |
82 FR 12451 - Deletion of Items From Sunshine Act Meeting | |
82 FR 12446 - Sunshine Act Meeting Notice | |
82 FR 12452 - Sunshine Act Meeting | |
82 FR 12416 - Safety Zone; Columbia River, Sand Island, WA | |
82 FR 12462 - National Geospatial Advisory Committee | |
82 FR 12464 - Notice of Public Meeting, Southwest Resource Advisory Council | |
82 FR 12464 - Notice of Public Meeting, North Slope Science Initiative-Science Technical Advisory Panel, Alaska | |
82 FR 12449 - Agency Information Collection Activities; Submission to the Office of Management and Budget for Review and Approval; Comment Request; International Early Learning Study (IELS) 2018 Field Test Recruitment | |
82 FR 12427 - Submission for OMB Review; Comment Request | |
82 FR 12472 - Advisory Committee on Reactor Safeguards; Meeting of the ACRS Subcommittee on Plant License Renewal; Notice of Meeting | |
82 FR 12451 - Environmental Impact Statements; Notice of Availability | |
82 FR 12465 - Gray Portland Cement and Cement Clinker From Japan; Scheduling of an Expedited Five-Year Review | |
82 FR 12469 - Interim Delegation of Authority and Assignment of Responsibility to Departmental Officials To Invoke Governmental Privileges Pending Official Appointment of Noncareer Agency Leadership | |
82 FR 12446 - Procurement List; Additions | |
82 FR 12428 - Information Collection: Southwestern Crown of the Continent Collaborative Forest Landscape Restoration Project | |
82 FR 12457 - Joint Meeting of the Nonprescription Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee; Notice of Meeting; Establishment of a Public Docket; Request for Comments | |
82 FR 12429 - Information Collection; Advertised Timber for Sale | |
82 FR 12414 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL | |
82 FR 12412 - Special Local Regulation; Black Warrior River; Tuscaloosa, AL | |
82 FR 12451 - Farm Credit System Insurance Corporation Board; Regular Meeting | |
82 FR 12460 - Agency Information Collection Activities: Passenger and Crew Manifest | |
82 FR 12467 - Cased Pencils From China; Notice of Commission Determination To Conduct a Full Five-Year Review and Scheduling of a Full Five-Year Review | |
82 FR 12423 - Fisheries of the Exclusive Economic Zone Off Alaska; Pollock in Statistical Area 620 in the Gulf of Alaska | |
82 FR 12478 - Submission for Review: We Need Important Information About Your Eligibility for Social Security Disability Benefits, RI 98-7 | |
82 FR 12477 - Submission for Review: Application for Deferred or Postponed Retirement: FERS, RI 92-19 | |
82 FR 12477 - Submission for Review: More Information Needed for the Person Named Below, RI 38-45 | |
82 FR 12476 - Submission for Review: Designation of Beneficiary: Federal Employees' Group Life Insurance, SF 2823 | |
82 FR 12475 - Submission for Review: Report of Medical Examination of Person Electing Survivor Benefits, OPM 1530 | |
82 FR 12474 - Submission for Review: Designation of Beneficiary: Civil Service Retirement System (CSRS), SF 2808 | |
82 FR 12475 - Submission for Review: Request for Case Review for Enhanced Disability Annuity Benefit, RI 20-123 | |
82 FR 12492 - Pricing for the 2017 American Liberty 225th Anniversary Gold Coin | |
82 FR 12435 - Certain Polyester Staple Fiber From the People's Republic of China: Preliminary Results and Partial Rescission of the Antidumping Duty Administrative Review; 2015-2016 | |
82 FR 12486 - Railroad Cost of Capital-2016 | |
82 FR 12437 - Certain Biaxial Integral Geogrid Products From the People's Republic of China: Countervailing Duty Order | |
82 FR 12440 - Certain Biaxial Integral Geogrid Products From the People's Republic of China: Antidumping Duty Order | |
82 FR 12433 - Phosphor Copper From the Republic of Korea: Final Affirmative Determination of Sales at Less Than Fair Value and Negative Final Determination of Critical Circumstances | |
82 FR 12441 - Stainless Steel Bar From Spain: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 | |
82 FR 12431 - Certain Cut-to-Length Carbon-Quality Steel Plate Products From the Republic of Korea: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 | |
82 FR 12415 - Drawbridge Operation Regulation; Gulf Intracoastal Waterway, Galveston, TX | |
82 FR 12431 - Agenda and Notice of Public Meeting of the New York Advisory Committee | |
82 FR 12447 - Notice of Availability of a Draft Detailed Project Report With Integrated Environmental Assessment and Draft Finding of No Significant Impact for the Pier 70 Central Basin Continuing Authorities Program Section 107 Navigation Improvement Project at the Port of San Francisco, San Francisco, CA | |
82 FR 12485 - Rescission of Social Security Ruling 87-6; Policy Interpretation Ruling; Titles II and XVI: The Role of Prescribed Treatment in the Evaluation of Epilepsy | |
82 FR 12487 - 2016/2017 Generalized System of Preferences (GSP) Annual Product Review: Notice of Availability of Annual Statistics, Acceptance of Public Comments and Withdrawal of Certain Petitions | |
82 FR 12422 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund Site | |
82 FR 12448 - Notice of Intent To Prepare an Environmental Impact Statement To Study Mertarvik Community Infrastructure Development Project, Alaska | |
82 FR 12447 - Generic Information Collection, Extension | |
82 FR 12452 - Agency Information Collection Activities; Proposed Collection; Comment Request; Extension | |
82 FR 12424 - Airworthiness Directives; Airbus Helicopters | |
82 FR 12393 - Airworthiness Directives; Sikorsky Aircraft Corporation Helicopters | |
82 FR 12450 - Agency Information Collection Activities; Comment Request; Impact Study of Feedback for Teachers Based on Classroom Videos | |
82 FR 12468 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Nonmonetary Determination Activity Report | |
82 FR 12470 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Contingent Work Supplement to the Current Population Survey | |
82 FR 12415 - Drawbridge Operation Regulation; Annisquam River and Blynman Canal, Gloucester, MA | |
82 FR 12443 - Pacific Fishery Management Council; Public Meeting | |
82 FR 12444 - Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); SEDAR Data Best Practices Standing Panel Webinar | |
82 FR 12480 - Neuberger Berman Investment Advisers LLC, et al.; Notice of Application | |
82 FR 12455 - Request for Nominations of Candidates To Serve on the Mine Safety and Health Research Advisory Committee (MSHRAC), National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention (CDC), Department of Health and Human Services | |
82 FR 12454 - Request for Nominations of Candidates To Serve on the Clinical Laboratory Improvement Advisory Committee (CLIAC) | |
82 FR 12455 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review | |
82 FR 12456 - Advisory Board on Radiation and Worker Health (ABRWH or Advisory Board), National Institute for Occupational Safety and Health (NIOSH) | |
82 FR 12444 - Schedules for Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops | |
82 FR 12466 - Certain Digital Television Set-Top Boxes, Remote Control Devices, and Components Thereof; Institution of Investigation | |
82 FR 12471 - Proposed Collection, Comment Request | |
82 FR 12490 - Sanctions Actions Pursuant to the Foreign Narcotics Kingpin Designation Act and Executive Order 12978 | |
82 FR 12486 - Shipping Coordinating Committee Notice of Renewal of Charter | |
82 FR 12486 - Advisory Committee on Historical Diplomatic Documentation-Notice of Cancellation of Previously Scheduled Open Meeting for 2017 | |
82 FR 12430 - Notice of Public Meeting of the Nevada State Advisory Committee To Receive Information To Determine if Whether Municipal Fines and Fees Are an Issue of Concern in Nevada | |
82 FR 12484 - Tortoise Index Solutions, LLC, et al.; Notice of Application | |
82 FR 12478 - USAA ETF Trust, et al.; Notice of Application | |
82 FR 12481 - Self-Regulatory Organizations; LCH SA; Notice of Filing and Immediate Effectiveness of Proposed Rule Change, Security-Based Swap Submission, or Advance Notice To Adopt Revised Fee Schedule and Establish Annual Fixed Fee for General Members | |
82 FR 12492 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Communications Project Committee | |
82 FR 12491 - Open Meeting of the Taxpayer Advocacy Panel Taxpayer Assistance Center Project Committee. | |
82 FR 12492 - Open Meeting of the Taxpayer Advocacy Panel's Notices and Correspondence Project Committee | |
82 FR 12492 - Open Meeting of the Taxpayer Advocacy Panel's Toll-Free Phone Line Project Committee | |
82 FR 12491 - Open Meeting of the Taxpayer Advocacy Panel's Special Projects Committee | |
82 FR 12452 - Formations of, Acquisitions by, and Mergers of Bank Holding Companies | |
82 FR 12460 - National Institute of Mental Health; Notice of Closed Meetings | |
82 FR 12489 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review: Record and Disclosure Requirements-Consumer Financial Protection Bureau Regulations B, C, E, M, Z, and DD and Board of Governors of the Federal Reserve System Regulation CC | |
82 FR 12427 - Peanut Standards Board | |
82 FR 12424 - United States Standards for Grades of Frozen Onions | |
82 FR 12458 - National Institute of Neurological Disorders and Stroke; Notice of Closed Meetings | |
82 FR 12459 - National Institute on Alcohol Abuse and Alcoholism; Notice of Closed Meeting | |
82 FR 12459 - National Cancer Institute; Amended Notice of Meeting | |
82 FR 12459 - Center for Scientific Review; Notice of Closed Meetings | |
82 FR 12473 - Information Collection: Design Information Questionnaire-IAEA N-71 and Associated Forms N-72, N-73, N-74, N-75, N-76, N-77, N-91, N-92, N-93, and N-94 | |
82 FR 12463 - Notice of Public Meeting, Twin Falls District Resource Advisory Council, Idaho | |
82 FR 12420 - Tariff of Tolls | |
82 FR 12418 - Seaway Regulations and Rules: Periodic Update, Various Categories | |
82 FR 12407 - Airworthiness Directives; Airbus Airplanes | |
82 FR 12397 - Airworthiness Directives; The Boeing Company Airplanes | |
82 FR 12462 - Notice of Availability of the Draft Environmental Impact Statement for the Proposed Gold Bar Mine Project, Eureka County, NV | |
82 FR 12410 - Airworthiness Directives; The Boeing Company Airplanes | |
82 FR 12401 - Airworthiness Directives; Airbus Airplanes | |
82 FR 12461 - Federal Property Suitable as Facilities To Assist the Homeless | |
82 FR 12405 - Airworthiness Directives; Pilatus Aircraft Ltd. Airplanes | |
82 FR 12465 - Outer Continental Shelf Official Protraction Diagrams and Supplemental Official Outer Continental Shelf Block Diagrams; MMAA104000 | |
82 FR 12395 - Airworthiness Directives; United Instruments, Inc. Series Altimeters |
Agricultural Marketing Service
Forest Service
International Trade Administration
National Oceanic and Atmospheric Administration
Engineers Corps
Centers for Disease Control and Prevention
Food and Drug Administration
National Institutes of Health
Coast Guard
U.S. Customs and Border Protection
Geological Survey
Land Management Bureau
Ocean Energy Management Bureau
Labor Statistics Bureau
Federal Aviation Administration
Federal Motor Carrier Safety Administration
Saint Lawrence Seaway Development Corporation
Comptroller of the Currency
Foreign Assets Control Office
Internal Revenue Service
United States Mint
Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.
Federal Aviation Administration (FAA), DOT.
Final rule; request for comments.
We are publishing a new airworthiness directive (AD) for Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters. This AD requires inspecting certain bearings. This AD is prompted by reports of failed bearings with subsequent loss of tail rotor (TR) control. The actions of this AD are intended to address an unsafe condition on these helicopters.
This AD becomes effective March 20, 2017 to all persons except those persons to whom it was made immediately effective by Emergency AD 2017-02-51 issued on January 13, 2017, which contains the requirements of this AD. We must receive comments on this AD by May 2, 2017.
You may send comments by any of the following methods:
•
•
•
•
You may examine the AD docket on the Internet at
For service information identified in this final rule, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email:
Blaine Williams, Aerospace Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, 1200 District Avenue, Burlington, Massachusetts 01803; telephone (781) 238-7161; email
This AD is a final rule that involves requirements affecting flight safety, and we did not provide you with notice and an opportunity to provide your comments prior to it becoming effective. However, we invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that resulted from adopting this AD. The most helpful comments reference a specific portion of the AD, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit them only one time. We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this rulemaking during the comment period. We will consider all the comments we receive and may conduct additional rulemaking based on those comments.
On November 16, 2016, we issued Emergency AD 2016-24-51 to correct an unsafe condition on Sikorsky Model S-92A helicopters with a TR pitch change shaft (TRPCS) assembly, part number (P/N) 92358-06303-041 or P/N 92358-06303-042, with bearings that were manufactured prior to November 3, 2016. AD 2016-24-51 subsequently published in the
After AD 2016-24-51 was issued, we received a report of an S-92A helicopter losing TR control because of a failed bearing with more than 80 hours TIS. We have now determined that the unsafe condition can exist on TRPCS bearings regardless of hours TIS. Therefore, on January 13, 2017, we issued Emergency AD 2017-02-51, which applies to all TRPCS assemblies, regardless of hours TIS. Emergency AD 2017-02-51 requires a one-time visual inspection and a repetitive borescope inspection of the TRPCS assembly bearing. The repetitive inspection is intended to detect bearing deterioration. The actions in Emergency AD 2017-02-51 are intended to detect a binding bearing, prevent loss of TR control, and possible loss of control of the helicopter.
We are issuing this AD because we evaluated all the relevant information
We reviewed Sikorsky Alert Service Bulletin 92-64-011, Basic Issue, dated January 10, 2017 (ASB). The ASB describes procedures for inspecting the TRPCS and bearing assemblies for ratcheting, binding, and rough turning. The ASB also specifies periodic review of the health and usage monitoring system (HUMS) tail gearbox bearing energy tool.
This AD requires, before further flight, removing the TRPCS assembly and inspecting the bearing. If the bearing does not rotate freely; the bearing sounds rough or chatters; there is any purged grease with metal particles; a nick or dent; or if there is a cut, tear, or distortion in the bearing seal, before further flight, replacing the TRPCS assembly is required. This AD also requires, within 10 hours TIS, and thereafter at intervals not to exceed 10 hours TIS, inspecting the TRPCS assembly with a borescope. If the white Teflon seal or snap ring is missing, or if there is a rip, tear, or heat damage on the seal or if there is no gap in the snap ring, replacing the TRPCS assembly is required before further flight.
This AD requires repetitive borescope inspections of the TRPCS; the ASB does not. The ASB specifies that operators review HUMS data in addition to the one-time inspection and specifies contacting Sikorsky if any discrepancies are found; this AD does not.
We estimate that this AD will affect 80 helicopters of U.S. Registry.
We estimate that operators may incur the following costs in order to comply with this AD. At an average labor rate of $85 per hour, borescope and visually inspecting the TRPCS assembly will require 16 work-hours, for a cost per helicopter of $1,360 and a cost of $108,800 for the U.S. fleet per inspection. If required, replacing a TRPCS assembly will require 16 work-hours and required parts will cost $4,000, for a cost per helicopter of $5,360.
Providing an opportunity for public comments prior to adopting these AD requirements would delay implementing the safety actions needed to correct this known unsafe condition. Therefore, we found and continue to find that the risk to the flying public justifies waiving notice and comment prior to the adoption of this rule because the previously described unsafe condition can result in loss of TR control and certain actions must be accomplished before further flight and within 10 hours TIS, a very short interval for these helicopters.
Since it was found that immediate corrective action was required, notice and opportunity for prior public comments before issuing this AD were impracticable and contrary to public interest and good cause existed to make the AD effective immediately by Emergency AD 2017-02-51, issued on January 13, 2017, to all known U.S. owners and operators of these helicopters. These conditions still exist and the AD is hereby published in the
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.
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, 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.
We prepared an economic evaluation of the estimated costs to comply with this AD and placed it in the AD docket.
Air transportation, Aircraft, Aviation safety, Incorporation by Reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD applies to Sikorsky Aircraft Corporation (Sikorsky) Model S-92A helicopters, certificated in any category, with a tail rotor pitch change shaft (TRPCS) assembly part number (P/N) 92358-06303-041 or P/N 92358-06303-042 installed.
This AD defines the unsafe condition as a binding TRPCS bearing. This condition could result in loss of tail rotor (TR) control and possible loss of control of the helicopter.
This AD becomes effective March 20, 2017 to all persons except those persons to whom it was made immediately effective by Emergency AD 2017-02-51, issued on January 13, 2017, which contains the requirements of this AD.
You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.
(1) Before further flight, unless already done, remove the TRPCS assembly and
(2) Within 10 hours time-in-service (TIS), unless already done within the last 10 hours TIS, and thereafter at intervals not to exceed 10 hours TIS, on the TR side of the TRPCS bearing, remove the plug from the end of the TRPCS, insert the borescope into the TRPCS, and determine whether the white Teflon seal and snap ring are installed. If the white Teflon seal or snap ring is missing, or if there is a rip, tear, or heat damage on the seal or if there is no gap in the snap ring, before further flight replace the TRPCS assembly.
(1) The Manager, Boston Aircraft Certification Office, FAA, may approve AMOCs for this Emergency AD. Send your proposal to: Blaine Williams, Aerospace Engineer, Boston Aircraft Certification Office, Engine & Propeller Directorate, 1200 District Avenue, Burlington, Massachusetts 01803; telephone (781) 238-7161; email
(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.
Sikorsky Alert Service Bulletin 92-64-011, Basic Issue, dated January 10, 2017, which is not incorporated by reference, contains additional information about the subject of this final rule. For service information identified in this final rule, contact Sikorsky Aircraft Corporation, Customer Service Engineering, 124 Quarry Road, Trumbull, CT 06611; telephone 1-800-Winged-S or 203-416-4299; email:
Joint Aircraft Service Component (JASC) Code: 6720 Tail Rotor Control System.
Federal Aviation Administration (FAA), DOT.
Final rule.
We are adopting a new airworthiness directive (AD) for certain United Instruments, Inc. 5934 series altimeters that were manufactured between January 2015 and February 2016 and installed in airplanes and helicopters. This AD was prompted by reports of certain altimeters displaying higher than actual altitude due to a slow diaphragm leak, which would affect the accuracy of the altimeters. This AD requires replacing the affected altimeters. We are issuing this AD to correct the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 7, 2017.
For service information identified in this final rule, contact United Instruments, Inc., 3625 Comotara Avenue, Wichita, KS 67226; telephone (316) 636-9203; fax: (316) 636-9243; email:
You may examine the AD docket on the Internet at
Les Lyne, Aerospace Engineer, FAA, Wichita Aircraft Certification Office, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4190; fax: (316) 946-4107; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to certain United Instruments, Inc. 5934 series altimeters that were manufactured between January 2015 and February 2016 and installed in airplanes and helicopters. The NPRM published in the
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We reviewed United Instruments, Inc. Service Bulletin No. 13, dated March 25, 2016. The service bulletin describes procedures for replacing the nonconforming altimeters. 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
We estimate that this AD affects 1,351 altimeters as installed in airplanes and helicopters of U.S. registry.
We estimate the following costs to comply with this AD:
According to the manufacturer, some of the costs of this 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.
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 will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 7, 2017.
None.
This AD applies to United Instruments, Inc. 5934 series altimeters that were manufactured between January 2015 and February 2016 and installed in airplanes and helicopters.
(1) The specific affected serial number altimeters can be found in United Instruments, Inc. Service Bulletin No. 13, dated March 25, 2016. Paragraph (j)(3) of this AD contains addresses for obtaining the service bulletin.
(2) Altimeters that have been corrected by United Instruments, Inc. following Service Bulletin No. 13, dated March 25, 2016, are not affected by this AD and no further action is necessary.
(3) Altimeters that have been corrected by United Instruments, Inc. can be identified by a yellow dot, approximately
Joint Aircraft System Component (JASC)/Air Transport Association (ATA) of America Code 44, Cabin Systems.
This AD was prompted by reports of certain altimeters displaying higher than actual altitude due to a slow diaphragm leak. We are issuing this AD to prevent display of misleading altitude data, which could result in inadvertent flight into terrain.
Comply with this AD within the compliance times specified, unless already done.
Within the next 12 months after April 7, 2017 (the effective date of this AD), replace any affected altimeter with a serviceable part following United Instruments, Inc. Service Bulletin No. 13, dated March 25, 2016.
(1) The Manager, Wichita Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (i) of this AD.
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
For more information about this AD, contact Les Lyne, Aerospace Engineer, FAA, Wichita ACO, 1801 Airport Road, Room 100, Wichita, Kansas 67209; telephone: (316) 946-4190; fax: (316) 946-4107; email:
(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) United Instruments, Inc. Service Bulletin No. 13, dated March 25, 2016.
(ii) Reserved.
(3) For United Instruments, Inc. service information identified in this AD, contact United Instruments, Inc., 3625 Comotara Avenue, Wichita, KS 67226; telephone (316) 636-9203; fax: (316) 636-9243; email:
(4) You may view this service information at FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. It is also available on the internet at
(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:
Federal Aviation Administration (FAA), DOT.
Final rule.
We are adopting a new airworthiness directive (AD) for The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model Trent 800 engines. This AD was prompted by reports of damage to the upper bifurcation forward fire seal and seal deflector, and localized damage to the insulation blanket installed just aft of the fire seal. This AD requires installing serviceable thrust reverser (T/R) halves on the left and right engines. We are issuing this AD to address the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 7, 2017.
For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet:
You may examine the AD docket on the Internet at
Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle Aircraft Certification Office (ACO), 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to The Boeing Company Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model Trent 800 engines. The NPRM published in the
In the Other Relevant Rulemaking section of the NPRM we mentioned additional proposed rulemaking related to the T/Rs for Model 777-200 and -300 series airplanes equipped with Rolls-Royce Model RB211-Trent 800 engines. That action was subsequently issued as a supplemental NPRM (SNPRM), Docket Number FAA-2011-0027, Directorate Identifier 2010-NM-127-AD, which was published in the
Since the NPRM was issued, the European Aviation Safety Agency (EASA) issued EASA AD 2016-0084, dated April 28, 2016, for Rolls-Royce RB211-Trent 800 engines; and the Engine Certification Office (ECO), Engine and Propeller Directorate, FAA, issued a corresponding NPRM, Docket No. FAA-2016-6692, Directorate Identifier 2016-NE-13-AD, which was published in the
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.
Connor Blevins, Michael Rambo, The Air Line Pilots Association, International (ALPA), and a commenter identified as “gg” supported the intent of the NPRM.
Boeing requested that the service information specified in paragraph (g) of the proposed AD be revised to refer to Boeing Special Attention Service Bulletin 777-78-0101, Revision 2, dated July 22, 2016 (“SASB 777-78-0101, R2”). Paragraph (g) of the proposed AD referred to Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, dated October 30, 2015 (“SASB 777-78-0101, R1”). Boeing stated that SASB 777-78-0101, R1, contained errors in figures 2 and 5 regarding installation of the fire seal support and retainer. Boeing notified operators of these errors through Boeing Service Bulletin Information Notice 777-78-0101 IN 01, dated November 30, 2015 (“IN 777-78-0101 IN 01”), and released SASB 777-78-0101, R2, to incorporate the information from IN 777-78-0101 IN 01.
We agree with the commenter's request to refer to SASB 777-78-0101, R2, as the appropriate source of service information for accomplishing the actions required by this AD. SASB 777-78-0101, R2, clarifies the installation instructions for the new seal support; and the adjustment of the shim below the lower curved retainer by extending it to the lower edge of the new seal support so that the gap under the seal retainer is filled. This clarification instruction is similar to the information in IN 777-78-0101 IN 01. We have revised paragraph (g) of this AD accordingly.
Boeing requested that a new paragraph be included in the proposed AD to provide credit for actions accomplished prior to the effective date of the proposed AD using the Accomplishment Instructions specified in SASB 777-78-0101, R1. Boeing stated that despite the errors in SASB 777-78-0101, R1, as discussed previously, completion of the actions specified in SASB 777-78-0101, R1, still corrects the unsafe condition addressed in paragraph (e) of the proposed AD.
We agree with the commenter's request to provide credit for actions done using the Accomplishment Instructions of SASB 777-78-0101, R1. Although SASB 777-78-0101, R2, provides better clarification for the work instructions, SASB 777-78-0101, R1, still provides sufficient instructions to correct the unsafe condition. We have added new paragraph (h) to this AD to provide credit for actions done using the Accomplishment Instructions of SASB 777-78-0101, R1, and redesignated the subsequent paragraphs accordingly.
American Airlines (AAL) requested that the final rule require accomplishment of the actions specified in the Accomplishment Instructions of SASB 777-78-0101, R1, and include a global AMOC for operators that have incorporated the actions in both SASB 777-78-0101, R1, and IN 777-78-0101 IN 01.
We acknowledge the commenter's request; however this AD does not require accomplishment of the actions specified in the Accomplishment Instructions of SASB 777-78-0101, R1. This AD requires operators to use SASB 777-78-0101, R2, which includes clarification actions specified in IN 777-78-0101 IN 01. As stated previously, we have also given credit for actions done using the Accomplishment Instructions of SASB 777-78-0101, R1; therefore an AMOC approval is not necessary. We have not changed this AD regarding this issue.
ALPA recommended that the compliance time in the proposed rule be reduced from 60 months to 36 months. The commenter did not specifically provide justification for this request, but we infer that they are implying that a reduced compliance time is warranted due to the significance of the unsafe condition.
We do not agree with the commenter's request to reduce the compliance time. In developing an appropriate compliance time for this action, we considered not only the degree of urgency associated with addressing the subject unsafe condition, but the manufacturer's recommendation for an appropriate compliance time, the time required for the rulemaking process, the availability of required parts, and the practical aspects of installing the required modification within an interval of time that corresponds to the typical scheduled maintenance for the majority of affected operators. Most ADs, including this one, permit operators to accomplish the requirements at a time earlier than the specified compliance time; therefore, an operator may choose to do the installation of serviceable T/R halves on each engine prior to 60 months after the effective date of this AD. If additional data are presented that would justify a shorter compliance time, we may consider further rulemaking on this issue. We have not changed this AD in this regard.
One commenter, Connor Blevins, suggested that a penalty be included in the NPRM in case an airline does not comply with the proposed regulations. The commenter also stated that the airlines should be given a reasonable amount of time to install the serviceable T/R halves prior to enforcing the penalty. We infer that the commenter is requesting the NPRM be revised to include a penalty for non-compliance.
We agree that there should be a penalty if an operator does not comply with the requirements of an AD. The FAA expects all affected operators to comply with ADs, which are issued to address unsafe conditions. Failure to comply with any FAA regulation, including an AD, might result in a civil penalty action against an operator. An AD is not the appropriate vehicle for addressing civil penalties for non-compliance with the requirements of an AD. Therefore, we have not changed this AD in this regard.
AAL requested that the final language of the proposed AD allow all subsequent revisions to SASB 777-78-0101, R1, as acceptable methods of compliance. AAL stated that it was making this request due to the high regulatory load already in place for T/Rs on the Boeing 777 Rolls-Royce Trent 892-powered fleet. We infer that the “high regulatory load” refers to the high number of ADs that have been published in response to unsafe conditions identified on the T/R inner walls of Rolls-Royce Trent 892 engines installed on Boeing Model 777 airplanes.
We do not agree with the commenter's request to allow the use of all subsequent revisions to SASB 777-78-0101, R1, as acceptable methods of compliance. We cannot allow use of “later FAA-approved revisions” in an AD when referring to a service document. Doing so violates Office of the Federal Register (OFR) regulations for approval of materials “incorporated by reference,” as specified in 1 CFR 51.1(f). In general terms, we are required by these OFR regulations to either publish the service document contents as part of the actual AD language; or submit the service document to OFR for approval as “referenced” material, in which case we may only refer to such material in the text of an AD. The AD may refer to the service document only if OFR approved it for “incorporation by reference.” To allow operators to use later revisions of the referenced document (issued after publication of the AD), either we must revise the AD to reference specific later revisions, or operators must request approval to use later revisions as an AMOC under the provisions of paragraph (i) of this AD. We have not changed this AD regarding this issue.
Cathay Pacific and Delta Air Lines (DAL) requested that issuance of the final rule be delayed. Cathay Pacific requested that the issuance of the final rule be delayed until the next revision to SASB 777-78-0101, R1, is published. DAL requested that either IN 777-78-0101 IN 01 be included in the final rule, or issuance of the final rule be delayed until the next revision to SASB 777-78-0101, R1, is considered.
Cathay Pacific pointed out that there is a technical issue when an operator attempts to complete the actions in steps 2 and 3 of Figure 5 in SASB 777-78-0101, R1. Cathay Pacific explained that the length of the new seal support is shorter than the retainer, which resulted in insufficient space to drill and ream the 12 fastener holes specified in SASB 777-78-0101, R1. Boeing was contacted and accepted alternative actions to those specified in the service bulletin. Also, we infer from the commenter that Boeing provided instructions to shim under the lower curved retainer and extend it up and under the flat retainer. We infer from the commenter that the above Boeing instructions are equivalent to the procedures in IN 777-78-0101 IN 01. Cathay Pacific is concerned that every time an operator tries to follow the actions specified in SASB 777-78-0101, R1, it will have to contact Boeing for deviation approval, and an AMOC.
DAL noted that Boeing issued IN 777-78-0101 IN 01, to provide additional information needed to incorporate SASB 777-78-0101, R1. DAL also mentioned that the information notice indicated that a revision to SASB 777-78-0101, R1, was in work.
We agree with the commenters requests to delay issuing this final rule until Boeing published a revision to SASB 777-78-0101, R1. As discussed in the above comment, “Request to Refer to Revised Service Information,” we are now requiring SASB 777-78-0101, R2, as the appropriate source of service information for accomplishing the actions required by this AD since it contains the clarifications described by the commenters.
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.
We reviewed SASB 777-78-0101, R2. The service information describes procedures for installing serviceable left and right T/R halves on the left and right engines. 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
We estimate that this AD affects 55 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
According to the manufacturer, some of the costs of this 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.
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
This AD will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 7, 2017.
None.
This AD applies to The Boeing Company Model 777-200 and -300 series airplanes, certificated in any category, equipped with Rolls-Royce Model Trent 800 engines.
Air Transport Association (ATA) of America Code 78, Engine Exhaust.
This AD was prompted by reports of damage to the upper bifurcation forward fire seal and seal deflector, and localized damage to the insulation blanket installed just aft of the fire seal. We are issuing this AD to prevent a breach in the engine firewall due to a failed upper bifurcation forward fire seal. A breach could delay or prevent the fire detection and suppression system from functioning properly, and could result in an increased risk of a fire, prolonged burning, and breach of the fire zone; and could allow fire to reach unprotected areas of the engine, the strut, and wing after engine shutdown. Also, fan air bypassing the fire seal could cause localized damage to the thrust reverser (T/R) insulation blanket installed just aft of the fire seal, which could allow limited thermal degradation of the T/R inner wall. This could aggravate existing damage and cause the T/R's inner wall to fail.
Comply with this AD within the compliance times specified, unless already done.
Within 60 months after the effective date of this AD: Install serviceable left and right T/R halves on the left and right engines, in accordance with the Accomplishment Instructions of Boeing Special Attention Service Bulletin 777-78-0101, Revision 2, dated July 22, 2016 (“SASB 777-78-0101, R2”). A serviceable T/R half is defined in the Accomplishment Instructions of SASB 777-78-0101, R2.
This paragraph provides credit for the action required by paragraph (g) of this AD if it was accomplished before the effective date of this AD using Boeing Special Attention Service Bulletin 777-78-0101, Revision 1, dated October 30, 2015.
(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (j)(1) of this AD. Information may be emailed to:
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane and the approval must specifically refer to this AD.
(4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (i)(4)(i) and (i)(4)(ii) apply.
(i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or sub-step is labeled “RC Exempt,” then the RC requirement is removed from that step or sub-step. An AMOC is required for any deviations to RC steps, including substeps and identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.
(1) For more information about this AD, contact Kevin Nguyen, Aerospace Engineer, Propulsion Branch, ANM-140S, FAA, Seattle ACO, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425-917-6501; fax: 425-917-6590; email:
(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (k)(3) and (k)(4) of this AD.
(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Special Attention Service Bulletin 777-78-0101, Revision 2, dated July 22, 2016.
(ii) Reserved.
(3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone: 562-797-1717; Internet:
(4) You may view this service information at the FAA, Transport Airplane Directorate, 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:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for all Airbus Model A300 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) that indicates that a section of the wing and aft fuselage is subject to widespread fatigue damage (WFD). This AD requires an inspection to determine if certain modifications have been done. We are issuing this AD to address the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 7, 2017.
For service information identified in this final rule, contact Airbus SAS, Airworthiness Office-EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email:
You may examine the AD docket on the Internet at
Dan Rodina, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-2125; fax 425-227-1149.
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all Airbus Model A300 series airplanes. The NPRM published in the
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA AD 2015-0173R1, dated August 31, 2016, (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for all Airbus Model A300 series airplanes. The MCAI states:
A widespread fatigue damage (WFD) analysis conducted on A300 aeroplanes identified areas which are susceptible to crack development.
This condition, if not corrected, could affect the structural integrity of the aeroplane.
To address this issue, Airbus developed a modification (mod) to reinforce the structure of the aeroplane. Airbus issued Service Bulletin (SB) A300-53-0271 to provide instructions for a cold expansion of the foot attachment holes of certain fuselage frames, and DGAC [Direction Générale de l'Aviation Civile] France issued AD F-2004-001 to require this mod [which corresponds with certain requirements in FAA AD 2004-23-20, Amendment 39-13875 (69 FR 68779, November 26, 2004)].
Since that [DGAC] AD was issued, Airbus released twelve other mods with corresponding SBs, to complete the set of inspections and repairs in the frame of the A300 WFD campaign. EASA issued AD 2015-0115 to require ten of these mods through section 3 of ALS [Airworthiness Limitations Section] Part 2, and decision is made to delete section 3 from ALS Part 2.
For the reasons described above, EASA issued AD 2015-0173, retaining the requirements of DGAC France AD F-2004-001, which was superseded, to require implementation of the additional inspection, modification and/or repair actions, as applicable to aeroplane model.
This [EASA] AD is revised to give credit for previous use of any earlier revision of an affected Airbus SB, based on the fact that no additional work is included in the later SB revisions.
Required actions include an inspection to determine if certain modifications have been done. For airplanes on which the specified modifications have not been done, this AD requires accomplishing those modifications, including doing related investigative and corrective actions if necessary. Depending on airplane configuration, the compliance times for modifying the airplane structure range between 13,300 flight cycles and 48,000 flight cycles since first flight of the airplane. You may examine the MCAI in the AD docket on the Internet at
We gave the public the opportunity to participate in developing this AD. We received no comments on the NPRM or on the determination of the cost to the public.
We reviewed the relevant data and determined that air safety and the public interest require adopting this AD as proposed except for minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
Airbus issued the following service information:
• Airbus Service Bulletin A300-53-0239, Revision 02, dated March 6, 2000. This service information describes procedures to modify the longitudinal junction. The modification includes the addition of external doublers and installation of interference fit attachments and related investigative and corrective actions. The related investigative actions are rotary probe inspections for cracking of the fastener holes. The corrective action is repair.
• Airbus Service Bulletin A300-53-247, Revision 2, dated July 20, 1990. This service information describes procedures to modify the fuselage upper door frame structure, which consists of eddy current inspections of certain structure for cracks, and structural modification or repair.
• Airbus Service Bulletin A300-53-0271, Revision 05, dated June 21, 2013. This service information describes procedures to modify the fuselage frame (FR), which includes cold expansion of the fastener holes between FR 41 and FR 54, and related investigative and corrective actions. The related investigative actions including rotary probe inspections for cracking of the fastener holes. The corrective action is repair.
• Airbus Service Bulletin A300-53-0366, dated April 7, 2005. This service information describes procedures to modify the fuselage frame, which includes installing an additional external doubler on the fuselage lap joint at fuselage stringers (STGR) 22, left and right, between FR 26 and FR 40.
• Airbus Service Bulletin A300-53-0368, dated April 7, 2005. This service information describes procedures to modify the rear fuselage, which includes installing an additional external doubler on the fuselage lap joint at STGR 51, left and right, between FR 72 and FR 80.
• Airbus Service Bulletin A300-53-0369, Revision 03, dated September 1, 2010. This service information describes procedures to modify the rear fuselage, which includes reinforcing the butt joint at FR 72 by installation of an additional external doubler at the butt joint of FR 72 at STGR 14, left and right.
• Airbus Service Bulletin A300-53-0373, Revision 03, dated September 1, 2010. This service information describes procedures to modify the rear fuselage, which includes reinforcing the butt joint at FR65 by installation of an additional external doubler at the butt joint of FR65 between STGR 13 left and right.
• Airbus Service Bulletin A300-53-0374, Revision 04, dated July 5, 2013. This service information describes procedures to modify the rear fuselage, which includes reinforcing the butt joints at FR55 and FR58 by installation of additional external doublers without cutout at certain butt joints.
• Airbus Service Bulletin A300-53-0375, Revision 01, dated June 24, 2013. This service information describes procedures to modify the forward fuselage, which includes reinforcing the fuselage circumferential butt joint at FR 26 by installation of an additional external doubler at the butt joint of FR 26 between STGR 13 left and STGR 13 right.
• Airbus Service Bulletin A300-53-0393, dated September 27, 2013. This service information describes procedures to modify the fuselage frame which includes reinforcing the longitudinal butt joints with additional butt straps at certain fuselage frames and stringers.
• Airbus Service Bulletin A300-57-0203, Revision 04, dated February 18, 2015. This service information describes procedures to modify the outer wing, which includes removal of the wing stringer and run-out plate at STGR 19 on the bottom wing skin; replacement of the taper-lok bolts with interference fit parallel bolts; and related investigative and corrective actions. Related investigative actions include detailed visual and high frequency eddy current (HFEC) inspections of the stringer runouts for cracks; eddy current inspections for cracks of the fastener holes; and detailed visual and HFEC inspections of the stringer run-outs for cracks and damage. Corrective actions include repair.
• Airbus Service Bulletin A300-57-0258, dated September 30, 2014 (for Model A300 B4-103 and A300 B4-2C airplanes). This service information describes procedures to modify the wing structure, which includes a first oversize of the critical holes on certain wing stringers, and related investigative and corrective actions. Related investigated actions include detailed visual inspections for damage of the top wing skin external surface and the stringer joint; and roto-probe inspections for damage of the fastener holes. Corrective actions include repair.
• Airbus Service Bulletin A300-57-0259, dated September 30, 2014 (for Model A300 B2-1C, A300 B2-203, and A300 B2K-3C airplanes). This service information describes procedures to modify the wing structure, which includes a first oversize of the critical holes on certain wing stringers, and related investigative and corrective actions. Related investigated actions include detailed visual inspections for damage of the top wing skin external surface and the stringer joint; and roto-probe inspections for damage of the fastener holes. Corrective actions include repair.
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
We estimate that this AD affects 8 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
In addition, we estimate that any necessary follow-on actions will take about 15 work-hours and require parts costing $10,000, for a cost of $11,275 per product. We have no way of determining the number of aircraft that might need this action.
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
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.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 7, 2017.
This AD affects AD 2004-23-20, Amendment 39-13875 (69 FR 68779, November 26, 2004) (“AD 2004-23-20”).
This AD applies to Airbus Model A300 B2-1A, B2-1C, B2K-3C, B2-203, B4-2C, B4-103, and B4-203 airplanes, certificated in any category, all manufacturer serial numbers.
Air Transport Association (ATA) of America Code 53, Fuselage.
This AD was prompted by an evaluation by the design approval holder that indicates that a section of the wing and aft fuselage is subject to widespread fatigue damage. We are issuing this AD to prevent reduced structural integrity of these airplanes due to the failure of certain structural components.
Comply with this AD within the compliance times specified, unless already done.
Within 4 months after the effective date of this AD, verify whether the Airbus modifications specified in table 1 to paragraphs (g), (h), and (i) of this AD, as applicable to airplane model, have been embodied on the airplane, in accordance with the Accomplishment Instructions of the applicable Airbus service bulletin specified in table 1 to paragraphs (g), (h), and (i) of this AD. A review of the airplane maintenance records is acceptable to accomplish the verification required by this paragraph, provided those records can be used to conclusively determine whether the modifications have been embodied.
If, during the verification required by paragraph (g) of this AD, it is determined that any modification has not been embodied, do the applicable actions specified in paragraphs (h)(1), (h)(2), and (h)(3) of this AD.
(1) If it is determined that any Airbus modification, specified in the applicable Airbus Service Bulletin, identified in “Set 1A” of table 1 to paragraphs (g), (h), and (i) of this AD is not embodied: Within the applicable compliance time specified in the applicable Airbus Service Bulletin identified in “Set 1A” of table 1 to paragraphs (g), (h), and (i) of this AD, or within 4 months after the effective date of this AD, whichever occurs later, do the applicable actions specified in paragraphs (h)(1)(i) through (h)(1)(xi) of this AD, except as required by paragraph (i) of this AD. Do all applicable related investigative and corrective actions before further flight.
(i) For airplanes on which Airbus Service Bulletin A300-53-0239, Revision 02, dated March 6, 2000, has not been embodied: Modify the longitudinal junction and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0239, Revision 02, dated March 6, 2000.
(ii) For airplanes on which Airbus Service Bulletin A300-53-247, Revision 2, dated July 20, 1990, has not been embodied: Modify the fuselage upper door frame structure by doing eddy current inspections for cracks of the structure specified in Airbus Service Bulletin A300-53-247, Revision 2, dated July 20, 1990, and a structural modification or repair, as applicable, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-247, Revision 2, dated July 20, 1990.
(iii) For airplanes on which Airbus Service Bulletin A300-53-0271, Revision 05, dated
(iv) For airplanes on which Airbus Service Bulletin A300-53-0366, dated April 7, 2005, has not been embodied: Modify the fuselage frame, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0366, dated April 7, 2005.
(v) For airplanes on which Airbus Service Bulletin A300-53-0368, dated April 7, 2005, has not been embodied: Modify the rear fuselage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0366, dated April 7, 2005.
(vi) For airplanes on which Airbus Service Bulletin A300-53-0369, Revision 03, dated September 1, 2010, has not been embodied: Modify the rear fuselage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0369, Revision 03, dated September 1, 2010.
(vii) For airplanes on which Airbus Service Bulletin A300-53-0375, Revision 01, dated June 24, 2013, has not been embodied: Modify the forward fuselage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0375, Revision 01, dated June 24, 2013.
(viii) For airplanes on which Airbus Service Bulletin A300-53-0393, dated September 27, 2013, has not been embodied: Modify the fuselage frame, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0393, dated September 27, 2013.
(ix) For airplanes on which Airbus Service Bulletin A300-57-0203, Revision 04, dated February 18, 2015, has not been embodied: Modify the outer wing, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0203, Revision 04, dated February 18, 2015.
(x) For airplanes on which Airbus Service Bulletin A300-57-0258, dated September 30, 2014, has not been embodied: Modify the wing structure and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0258, dated September 30, 2014.
(xi) For airplanes on which Airbus Service Bulletin A300-57-0259, dated September 30, 2014, has not been embodied: Modify the wing structure, and do all applicable related investigative and corrective actions, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-57-0259, dated September 30, 2014.
(2) If it is determined that Airbus Service Bulletin A300-53-0374, Revision 04 dated July 5, 2013 (mod 12794) has not been embodied: Within the compliance time specified in paragraphs (h)(2)(i), (h)(2)(ii), (h)(2)(iii), and (h)(2)(iv) of this AD, as applicable, modify the rear fuselage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0374, Revision 04, dated July 5, 2013, except as required by paragraph (i) of this AD.
(i) For Model A300 B2 and A300 B4-100 airplanes, fuselage frame (FR) 55: Within 31,300 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(ii) For Model A300 B2 and A300 B4-100 airplanes, FR 58: Within 49,700 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(iii) For Model A300 B4-200 airplanes, FR 55: Within 33,600 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(iv) For Model A300 B4-200 airplanes, FR 58: Within 55,800 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(3) If it is determined that Airbus Service Bulletin A300-53-0373, Revision 03, dated September 1, 2010 (mod 12796) has not been embodied: Within the compliance time specified in paragraphs (h)(3)(i), (h)(3)(ii), and (h)(3)(iii) of this AD, as applicable, modify the rear fuselage, in accordance with the Accomplishment Instructions of Airbus Service Bulletin A300-53-0373, Revision 03, dated September 1, 2010, except as required by paragraph (i) of this AD.
(i) For Model A300 B2 airplanes: Within 42,700 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(ii) For Model A300 B4-100 airplanes: Within 41,700 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
(iii) For Model A300 B4-200 airplanes: Within 47,900 flight cycles since first flight of the airplane, or within 4 months after the effective date of this AD, whichever occurs later.
Where any service information identified in table 1 to paragraphs (g), (h), and (i) of this AD specifies to contact the manufacturer for instructions or solutions, before further flight, repair using a method approved by the Manager, International Branch, ANM-116, Transport Airplane Directorate, FAA; or the European Aviation Safety Agency (EASA); or Airbus's EASA Design Organization Approval (DOA).
Accomplishing the modification required by paragraph (h)(1)(iii) of this AD terminates the modification required by paragraph (i) of AD 2004-23-20 for that airplane only.
The following provisions also apply to this AD:
(1)
(2)
(3)
Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015-0173R1, dated August 31, 2016, for related information. This MCAI may be found in the AD docket on the Internet at
(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do the actions required by this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A300-53-0239, Revision 02, dated March 6, 2000.
(ii) Airbus Service Bulletin A300-53-247, Revision 2, dated July 20, 1990.
(iii) Airbus Service Bulletin A300-53-0271, Revision 05, dated June 21, 2013.
(iv) Airbus Service Bulletin A300-53-0366, dated April 7, 2005.
(v) Airbus Service Bulletin A300-53-0368, dated April 7, 2005.
(vi) Airbus Service Bulletin A300-53-0369, Revision 03, dated September 1, 2010.
(vii) Airbus Service Bulletin A300-53-0373, Revision 03, dated September 1, 2010.
(viii) Airbus Service Bulletin A300-53-0374, Revision 04, dated July 5, 2013.
(ix) Airbus Service Bulletin A300-53-0375, Revision 01, dated June 24, 2013.
(x) Airbus Service Bulletin A300-53-0393, dated September 27, 2013.
(xi) Airbus Service Bulletin A300-57-0203, Revision 04, dated February 18, 2015.
(xii) Airbus Service Bulletin A300-57-0258, dated September 30, 2014.
(xiii) Airbus Service Bulletin A300-57-0259, dated September 30, 2014.
(3) For service information identified in this AD, contact Airbus SAS, Airworthiness Office-EAW, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 44 51; email:
(4) You may view this service information at the FAA, Transport Airplane Directorate, 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:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. This AD results from mandatory continuing airworthiness information (MCAI) issued by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this AD to require actions to address the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in the AD as of April 7, 2017.
You may examine the AD docket on the Internet at
For service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 3333; fax: +41 (0)41 619 7311; email:
Doug Rudolph, Aerospace Engineer, FAA, Small Airplane Directorate, 901 Locust, Room 301, Kansas City, Missouri 64106; telephone: (816) 329-4059; fax: (816) 329-4090; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to Pilatus Aircraft Ltd. Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes. The NPRM was published in the
The proper installation of the aileron counterweight requires a combination, peculiar to each aileron, of anchor nut types, bolt types, number of washers, and the definition of the bolt torque. Some combinations of counterweight and attaching parts, which could result in reduced thread engagement, have been reported on a PC-6 aeroplane.
This condition, if not detected and corrected, may lead to a disconnection of the aileron counterweight from the aileron, possibly resulting in reduced control of the aeroplane.
To address this potential unsafe condition, Pilatus issued Service Bulletin (SB) No. 57-006 (hereafter referred to as `the SB' in this AD) to provide inspection instructions.
For the reason described above, this AD requires identification and inspection of the affected aileron mass-balance counterweight attachment parts and, depending on findings, accomplishment of applicable corrective action(s).
We gave the public the opportunity to participate in developing this AD. The following presents the comment received on the proposal and the FAA's response to the comment.
Lukas Owens stated that in the event of loss of the ailerons, some degree of roll control is available by using the secondary effect of rudder. The requester stated that while not an efficient way to turn the aircraft, a pilot has at least some directional control and that short or rapid bursts of power may increase the effectiveness of the rudder to some degree, acting as a form of torque and slipstream effect. The requester asked why the AD change is needed or how it is justified.
We infer that the commenter, in addition to asking why the AD action is necessary and how it is justified, believes the AD action is not needed and is not justified. However, the commenter does not present solutions that address the unsafe condition of the mass balance weight potentially separating from the airplane. For this reason, we have not changed this AD based on this comment.
We reviewed the relevant data, considered the comment received, and
• 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.
Pilatus Aircraft Ltd. has issued Pilatus PC-6 Service Bulletin No. 57-006, dated May 13, 2016. The service information describes procedures for removal, installation, and inspection of the ailerons, aileron balance tabs, and the aileron counterweights and their attaching parts. 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
We estimate that this AD will affect 30 products of U.S. registry. We also estimate that it would take about 2 work-hours per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Required parts would cost about $100 per product.
Based on these figures, we estimate the cost of this AD on U.S. operators to be $8,100, or $270 per product.
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.
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 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.
You may examine the AD docket on the Internet at
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This airworthiness directive (AD) becomes effective April 7, 2017.
None.
This AD applies to PILATUS Models PC-6, PC-6-H1, PC-6-H2, PC-6/350, PC-6/350-H1, PC-6/350-H2, PC-6/A, PC-6/A-H1, PC-6/A-H2, PC-6/B-H2, PC-6/B1-H2, PC-6/B2-H2, PC-6/B2-H4, PC-6/C-H2, and PC-6/C1-H2 airplanes, all manufacturer serial numbers (MSN), including MSN 2001 through 2092, certificated in any category.
For MSN 2001-2092, these airplanes are also identified as Fairchild Republic Company PC-6 airplanes, Fairchild Industries PC-6 airplanes, Fairchild Heli Porter PC-6 airplanes, or Fairchild-Hiller Corporation PC-6 airplanes.
Air Transport Association of America (ATA) Code 57: Wings.
This AD was prompted by mandatory continuing airworthiness information (MCAI) originated by an aviation authority of another country to identify and correct an unsafe condition on an aviation product. The MCAI describes the unsafe condition as certain combinations of the aileron counterweight and the attaching parts possibly resulting in reduced thread engagement and leading to disconnection of the aileron counterweight from the aileron. We are issuing this AD to prevent disconnection of the aileron counterweight from the aileron, which could result in loss of control.
Unless already done, do the following actions as specified in paragraphs (f)(1) and (2) of this AD:
(1) Within the next 12 months after April 7, 2017 (the effective date of this AD) or the next time the ailerons or aileron counterweights are removed or installed, whichever occurs first, and thereafter anytime the ailerons or aileron counterweights are removed or installed, remove each aileron counterweight to inspect the type and number of washers required for the installation of a counterweight on each aileron following the accomplishment instructions of paragraphs 3.B.(2) and 3.B.(3) of Pilatus PC-6 Service Bulletin (SB) No. 57-006, dated May 13, 2016.
(2) Before further flight after the inspection required by paragraph (f)(1) of this AD, reinstall each aileron counterweight on the airplane following the accomplishment instructions of paragraph 3.B.(3) of Pilatus PC-6 SB No. 57-006, dated May 13, 2016.
The following provisions also apply to this AD:
(1)
(2)
Refer to MCAI EASA AD No.: 2016-0183, dated September 13, 2016, for related information. The MCAI can be found in the AD docket on the Internet at:
(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) Pilatus PC-6 Service Bulletin (SB) No. 57-006, dated May 13, 2016.
(ii) Reserved.
(3) For Pilatus Aircraft Ltd. service information identified in this AD, contact Pilatus Aircraft Ltd., Customer Technical Support (MCC), P.O. Box 992, CH-6371 Stans, Switzerland; phone: +41 (0)41 619 3333; fax: +41 (0)41 619 7311; email:
(4) You may review this referenced service information at the FAA, Small Airplane Directorate, 901 Locust, Kansas City, Missouri 64106. For information on the availability of this material at the FAA, call (816) 329-4148. In addition, you can access this service information on the Internet at
(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:
Federal Aviation Administration (FAA), Department of Transportation (DOT).
Final rule.
We are adopting a new airworthiness directive (AD) for certain Airbus Model A318-112 airplanes; Model A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-211, -212, -213, -231, and -232 airplanes. This AD was prompted by a quality control review on the final assembly line, which determined that the wrong aluminum alloy was used to manufacture several structural parts. This AD requires a one-time eddy current conductivity measurement of certain cabin and cargo compartment structural parts to determine if an incorrect aluminum alloy was used, and replacement if necessary. We are issuing this AD to address the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of April 7, 2017.
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
You may examine the AD docket on the Internet at
Sanjay Ralhan, Aerospace Engineer, International Branch, ANM-116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1405; fax 425-227-1149.
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 A318-112 airplanes; Model A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-211, -212, -213, -231, and -232 airplanes. The NPRM published in the
The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2015-0218, dated November 3, 2015 (referred to after this as the Mandatory Continuing Airworthiness Information, or “the MCAI”), to correct an unsafe condition for certain Airbus Model A318-112 airplanes; Model A319-111, -112, -115, -132, and -133 airplanes; Model A320-214, -232, and -233 airplanes; and Model A321-211, -212, -213, -231, and -232 airplanes. The MCAI states:
Following an Airbus quality control review on the final assembly line, it was discovered that wrong aluminum alloy were delivered
Structural investigations demonstrated the capability to sustain the static limits loads, and sufficient fatigue life up to a certain inspection threshold.
This condition, if not detected and corrected, could reduce the structural integrity of the aeroplane.
To address this potential unsafe condition, Airbus issued Service Bulletin (SB) A320-53-1298 and SB A320-53-1299 to provide inspection instructions.
For the reasons described above, this [EASA] AD requires a one-time Special Detailed Inspection (SDI) [eddy current conductivity measurements] of certain cabin and cargo compartment parts for material identification and, depending on findings, replacement with serviceable parts.
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.
One commenter, Jerry Curtis, expressed support for the NPRM.
Airbus requested that we refer to the latest service information: Airbus Service Bulletins A320-53-1298 and A320-53-1299, both Revision 01, both dated June 9, 2016. We referred to Airbus Service Bulletins A320-53-1298 and A320-53-1299, both dated February 16, 2015, as the appropriate sources of service information for accomplishing the actions specified in the NPRM.
We agree with the request to refer to the latest service information. Airbus Service Bulletins A320-53-1298 and A320-53-1299, both Revision 01, both dated June 9, 2016, include updated information and specify that no additional work is necessary for airplanes modified by the original issue. We have revised this AD to refer to Airbus Service Bulletins A320-53-1298 and A320-53-1299, both Revision 01, both dated June 9, 2016. We have also added credit for actions done before the effective date of this AD using Airbus Service Bulletins A320-53-1298 and A320-53-1299, both dated February 16, 2015.
Allegiant Air asked if the part number, P/N D5358526421400, in the ninth row of table 1 to paragraphs (g) and (h) of the proposed AD under “Affected P/N” is correct. Allegiant Air stated that the affected part number is the same as the acceptable replacement part number.
We acknowledge the commenter's concern; however, we have confirmed that both part numbers in the ninth row of table 1 to paragraphs (g) and (h) of this AD are the same and are correct as written. Therefore, we have not changed this AD in this regard.
We have added paragraph (i) to this AD to clarify that no reporting is required.
We reviewed the relevant data, considered the comments received, and determined that air safety and the public interest require adopting this AD with the change described previously and minor editorial changes. We have determined that these minor changes:
• Are consistent with the intent that was proposed in the NPRM for correcting the unsafe condition; and
• Do not add any additional burden upon the public than was already proposed in the NPRM.
We also determined that these changes will not increase the economic burden on any operator or increase the scope of this AD.
We reviewed Airbus Service Bulletins A320-53-1298 and A320-53-1299, both Revision 01, both including Appendixes 01 through 03, both dated June 9, 2016. The service information describes procedures for a one-time eddy current conductivity measurement of certain cabin and cargo compartment structural parts to determine if an incorrect aluminum alloy was used, and replacement of any affected part with a serviceable part. These documents are distinct since they apply to different parts of the airplane (cabin and cargo compartment). 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
We estimate that this AD affects 167 airplanes of U.S. registry.
We also estimate that it takes about 1 work-hour per product to comply with the basic requirements of this AD. The average labor rate is $85 per work-hour. Based on these figures, we estimate the cost of this AD on U.S. operators to be $14,195, or $85 per product.
We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.
According to the manufacturer, some of the costs of this 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 available costs in our cost estimate.
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.
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.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 7, 2017.
None.
This AD applies to the Airbus airplanes identified in paragraphs (c)(1) through (c)(4) of this AD, certificated in any category; manufacturer serial numbers 3586, 3588, 3589, 3590, 3595, 3604, 3608, 3614, 3615, 3620, 3632, 3634, 3638, 3647, 3651, 3657, 3660, 3661, 3663, 3671, 3675, 3680, 3683 through 3687 inclusive, 3689, 3691, 3694, 3700, 3702, 3704, 3705, 3710, 3720, 3727, 3728, 3733, 3735, 3742, 3744, 3746, 3754, 3757, 3759, 3763, 3768, 3770, 3772, 3774, 3775, 3779, 3788, 3790, 3794, 3797, 3799, 3801, 3803, 3808, 3810, 3818, 3822, 3824, 3826 through 4329 inclusive, 4331 through 6051 inclusive, 6053 through 6061 inclusive, 6063 through 6072 inclusive, 6074 through 6100 inclusive, 6102 through 6115 inclusive, 6117 through 6126 inclusive, 6128 through 6136 inclusive, 6138 through 6143 inclusive, 6145 through 6150 inclusive, 6152 through 6159 inclusive, 6161 and 6162.
(1) Airbus Model A318-112 airplanes.
(2) Airbus Model A319-111, -112, -115, -132, and -133 airplanes.
(3) Airbus Model A320-214, -232, and -233 airplanes.
(4) Airbus Model A321-211, -212, -213, -231, and -232 airplanes.
Air Transport Association (ATA) of America Code 53, Fuselage.
This AD was prompted by a quality control review of the final assembly line which determined that the wrong aluminum alloy was used to manufacture several structural parts. We are issuing this AD to detect and replace structural parts made of incorrect aluminum alloy. This condition could result in reduced structural integrity of the airplane.
Comply with this AD within the compliance times specified, unless already done.
Within 6 years after the effective date of this AD, but not exceeding 12 years since the date of issuance of the original certificate of airworthiness or the date of issuance of the original export certificate of airworthiness: Do a one-time eddy current conductivity measurement (with 60 kilohertz (kHz) and 480 kHz) of the cabin and cargo compartment structural parts identified in the “Affected P/N” column of table 1 to paragraphs (g) and (h) of this AD to determine if an incorrect aluminum alloy was used, in accordance with the Accomplishment Instructions of Airbus Service Bulletins A320-53-1298, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016 (for cabin parts); and A320-53-1299, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016 (for cargo parts).
If during the inspection required by paragraph (g) of this AD, any affected part having a part number (P/N) specified in table 1 to paragraphs (g) and (h) of this AD is found to have a measured value greater than that specified in Figure A-GFAAA, Sheet 02, “Inspection Flowchart,” of the applicable service information identified in paragraph (g) of this AD: Before further flight, replace with an acceptable replacement part having a part number specified in table 1 to paragraphs (g) and (h) of this AD, in accordance with the Accomplishment Instructions of Airbus Service Bulletins A320-53-1298, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016 (for cabin parts); and A320-53-1299, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016 (for cargo parts).
Although reporting of inspection results is specified as a “Required for Compliance” (RC) action in Airbus Service Bulletins A320-53-1298, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016; and A320-53-1299, Revision 01, including Appendixes 01, 02, and 03, dated June 9, 2016; this AD does not require any report.
This paragraph provides credit for the actions required by paragraphs (g) and (h) of this AD, if those actions were performed before the effective date of this AD using Airbus Service Bulletin A320-53-1298, dated February 16, 2015; and Airbus Service Bulletin A320-53-1299, dated February 16, 2015; as applicable.
The following provisions also apply to this AD:
(1)
(2)
(3)
(1) Refer to Mandatory Continuing Airworthiness Information (MCAI) EASA AD 2015-0218, dated November 3, 2015, for related information. This MCAI may be found in the AD docket on the Internet at
(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (m)(3) and (m)(4) of this AD.
(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 A320-53-1298, Revision 01, including Appendixes 01 through 03, dated June 9, 2016.
(ii) Airbus Service Bulletin A320-53-1299, Revision 01, including Appendixes 01 through 03, dated June 9, 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
(4) You may view this service information at the FAA, Transport Airplane Directorate, 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:
Federal Aviation Administration (FAA), DOT.
Final rule.
We are adopting a new airworthiness directive (AD) for all The Boeing Company Model 767-200 and -300 series airplanes. This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the frame-to-floor-beam joints and frames common to shear ties at certain locations of fuselage structure are subject to widespread fatigue damage (WFD). This AD requires inspections for cracking of certain frame inner chords and webs common to the floor beam joint and at frames common to the shear ties at certain sections, and corrective action if necessary. We are issuing this AD to address the unsafe condition on these products.
This AD is effective April 7, 2017.
The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of April 7, 2017.
For service information identified in this final rule, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet
You may examine the AD docket on the Internet at
Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, FAA, Seattle Aircraft Certification Office, 1601 Lind Avenue SW., Renton, WA 98057 3356; phone: 425-917-6447; fax: 425-917-6590; email:
We issued a notice of proposed rulemaking (NPRM) to amend 14 CFR part 39 by adding an AD that would apply to all The Boeing Company Model 767-200 and -300 series airplanes. The NPRM published in the
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.
Boeing and United Airlines expressed support for the NPRM.
Aviation Partners Boeing stated that accomplishing the Supplemental Type Certificate (STC) ST01920SE does not affect the ability to accomplish the actions specified in the NPRM.
We concur with the commenter. We have redesignated paragraph (c) of the proposed AD as (c)(1) and added paragraph (c)(2) to this AD to state that installation of STC ST01920SE does not affect the ability to accomplish the actions required by this final rule. Therefore, for airplanes on which STC ST01920SE is installed, a “change in product” alternative method of compliance (AMOC) approval request is not necessary to comply with the requirements of 14 CFR 39.17.
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.
We reviewed Boeing Alert Service Bulletin 767-53A0265, Revision 1, dated March 18, 2016. The service information describes procedures for doing a detailed inspection and a surface high frequency eddy current (HFEC) inspection for cracking of the frame inner chord and web common to the floor beam joint in sections 41 and 43 on the left and right sides, a detailed inspection and a surface HFEC inspection for cracking of the section 43 and 46 frames common to the shear ties on the left and right sides, and repair. 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
We estimate that this AD affects 306 airplanes of U.S. registry.
We estimate the following costs to comply with this AD:
We have received no definitive data that would enable us to provide cost estimates for the on-condition actions specified in this AD.
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 will not have federalism implications under Executive Order 13132. This AD will not have a substantial direct effect on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify that this AD:
(1) Is not a “significant regulatory action” under Executive Order 12866,
(2) Is not a “significant rule” under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 1979),
(3) Will not affect intrastate aviation in Alaska, and
(4) Will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA amends 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD is effective April 7, 2017.
None.
(1) This AD applies to all The Boeing Company Model 767-200 and -300 series airplanes, certificated in any category.
(2) Installation of Supplemental Type Certificate (STC) ST01920SE (
Air Transport Association (ATA) of America Code 53; Fuselage.
This AD was prompted by an evaluation by the design approval holder (DAH) indicating that the frame-to-floor-beam joints and frames common to shear ties at certain locations of fuselage structure are subject to widespread fatigue damage (WFD). We are issuing this AD to detect and correct cracking of the frame inner chords and webs common to the floor beam joint and at frames common to the shear ties at certain sections on the left and right fuselage sides, which could result in reduced structural integrity of the airplane.
Comply with this AD within the compliance times specified, unless already done.
Except as provided by paragraph (h) of this AD, at the applicable time specified in paragraph 1.E., “Compliance,” of Boeing Alert Service Bulletin 767-53A0265, Revision 1, dated March 18, 2016 (“ASB 767-53A0265, R1”): Do the actions required in paragraphs (g)(1) and (g)(2) of this AD, and
(1) Do a detailed inspection and a surface high frequency eddy current (HFEC) inspection for cracking of the frame inner chord and web common to the floor beam joint in sections 41 and 43 on the left and right sides.
(2) Do a detailed inspection and a surface HFEC inspection for cracking of the section 43 and 46 frames common to the shear ties on the left and right sides.
Where ASB 767-53A0265, R1 specifies a compliance time “after the original issue date of this service bulletin,” this AD requires compliance within the specified compliance time after the effective date of this AD.
This paragraph provides credit for the actions specified in paragraph (g) of this AD, if those actions were performed before the effective date of this AD using Boeing Alert Service Bulletin 767-53A0265, dated March 18, 2015.
(1) The Manager, Seattle Aircraft Certification Office (ACO), FAA, has the authority to approve AMOCs for this AD, if requested using the procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, send your request to your principal inspector or local Flight Standards District Office, as appropriate. If sending information directly to the manager of the ACO, send it to the attention of the person identified in paragraph (k)(1) of this AD. Information may be emailed to:
(2) Before using any approved AMOC, notify your appropriate principal inspector, or lacking a principal inspector, the manager of the local flight standards district office/certificate holding district office.
(3) An AMOC that provides an acceptable level of safety may be used for any repair, modification, or alteration required by this AD if it is approved by the Boeing Commercial Airplanes Organization Designation Authorization (ODA) that has been authorized by the Manager, Seattle ACO, to make those findings. To be approved, the repair method, modification deviation, or alteration deviation must meet the certification basis of the airplane, and the approval must specifically refer to this AD.
(4) For service information that contains steps that are labeled as Required for Compliance (RC), the provisions of paragraphs (j)(4)(i) and (j)(4)(ii) of this AD apply.
(i) The steps labeled as RC, including substeps under an RC step and any figures identified in an RC step, must be done to comply with the AD. If a step or substep is labeled “RC Exempt,” then the RC requirement is removed from that step or substep. An AMOC is required for any deviations to RC steps, including substeps and identified figures.
(ii) Steps not labeled as RC may be deviated from using accepted methods in accordance with the operator's maintenance or inspection program without obtaining approval of an AMOC, provided the RC steps, including substeps and identified figures, can still be done as specified, and the airplane can be put back in an airworthy condition.
(1) For more information about this AD, contact Wayne Lockett, Aerospace Engineer, Airframe Branch, ANM-120S, Seattle ACO, FAA, 1601 Lind Avenue SW., Renton, WA 98057 3356; phone: 425-917-6447; fax: 425-917-6590; email:
(2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (l)(4) of this AD.
(1) The Director of the Federal Register approved the incorporation by reference (IBR) of the service information listed in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
(2) You must use this service information as applicable to do the actions required by this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin 767-53A0265, Revision 1, dated March 18, 2016.
(ii) Reserved.
(3) For Boeing service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600; telephone 562-797-1717; Internet
(4) You may view this service information at the FAA, Transport Airplane Directorate, 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:
Coast Guard, DHS.
Temporary final rule.
The Coast Guard is establishing a temporary special local regulation on the Black Warrior River extending the entire width of the river from mile marker 338.5 to mile marker 339.5 in Tuscaloosa, AL. The special local regulation is needed to protect the persons participating in the USA Triathlon Collegiate National Championships marine event. This rulemaking restricts transit into, through and within the regulated area unless specifically authorized by the Captain of the Port Mobile.
This rule is effective from 5 a.m. on April 21, 2017 until 6 p.m. on April 22, 2017.
To view documents mentioned in this preamble as being available in the docket, go to
If you have questions on this rule, call or email LT Fannie L. Wilks, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email
The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to
The Coast Guard is issuing this rule under authority in 33 U.S.C. 1233. The Captain of the Port Mobile (COTP) has determined that potential hazards associated with the triathlon event on April 21, 2017 and April 22, 2017 will be a safety concern for anyone within the area of the Black Warrior River between mile marker 338.5 and mile marker 339.5. This rule is needed to protect participants, spectators, and other persons and vessels during the Triathlon event on navigable waters.
This rule establishes a special local regulation on April 21, 2017 and April 22, 2017, which will be enforced between the hours of 5 a.m. and 6 p.m. The special local regulation takes place on the Black Warrior River between mile marker 338.5 and mile marker 339.5, extending the entire width of the navigable channel. The duration of the regulation is intended to protect participants, spectators, and other persons and vessels before, during, and after the triathlon event. No vessel or person will be permitted to enter, transit within or through, or exit the regulated area without obtaining permission from the COTP or a designated representative. Spectator vessels desiring to enter, transit through or within, or exit the regulated area may request permission to do so from the Patrol Commander. When permitted to transit the area vessels must follow restrictions within the regulated area as directed by the Coast Guard, and must operate at a minimum safe navigation speed in a manner which will not endanger participants in the regulated area or any other vessels.
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.
Executive Orders 12866 (“Regulatory Planning and Review”) and 13563 (“Improving Regulation and Regulatory Review”) 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 (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. Executive Order 13771 (“Reducing Regulation and Controlling Regulatory Costs”), directs agencies to reduce regulation and control regulatory costs and provides that “for every one new regulation issued, at least two prior regulations be identified for elimination, and that the cost of planned regulations be prudently managed and controlled through a budgeting process.”
The Office of Management and Budget (OMB) has not designated this rule a significant regulatory action under section 3(f) of Executive Order 12866. Accordingly, the Office of Management and Budget (OMB) has not reviewed it. As this rule is not a significant regulatory action, this rule is exempt from 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).
This regulatory action determination is based on the size, location, duration, and time-of-year of the regulation. The special local regulation will take place on a one mile stretch of navigable waterway, during a short duration of eleven hours on two days on the Black Warrior River from mile marker 338.5 to 339.5 on April 21, 2017 and April 22, 2017. Moreover, the Coast Guard will issue Broadcast Notices to Mariners via VHF-FM marine channel 16 about the regulation so that waterway users may plan accordingly for transits during this restriction. The rule also allows vessels to seek permission from the COTP Mobile or a designated representative to enter the regulated area.
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the regulated area 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 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
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.
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves a special local regulation lasting for 11 hours on two days on the Black Warrior River between mile marker 338.5 and mile marker 339.5. It is categorically excluded from further review under paragraph 34(h) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under
The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the
Marine safety, Navigation (water), Reporting and recordkeeping requirements, Waterways.
For the reasons discussed in the preamble, the Coast Guard amends 33 CFR part 100 as follows:
33 U.S.C. 1233.
(a)
(b)
(c)
(2) All persons and vessels not registered with the sponsor as participants or official patrol vessels are considered spectators. The “official patrol vessels” consist of any Coast Guard, state, or local law enforcement and sponsor provided vessels assigned or approved by the Captain of the Port (COTP) Mobile to patrol the regulated area.
(3) Spectator vessels desiring to transit the regulated area may do so only with prior approval of the Patrol Commander and when so directed by that officer will be operated at a minimum safe navigation speed in a manner which will not endanger participants in the regulated area or any other vessels.
(4) No spectator vessel shall anchor, block, loiter, or impede the through transit of participants or official patrol vessels in the regulated area during the effective dates and times, unless cleared for entry by or through an official patrol vessel.
(5) The patrol commander may forbid and control the movement of all vessels in the regulated area. When hailed or signaled by an official patrol vessel, a vessel shall come to an immediate stop and comply with the directions given. Failure to do so may result in expulsion from the area, citation for failure to comply, or both.
(6) Any spectator vessel may anchor outside the regulated area, but may not anchor in, block, or loiter in a navigable channel. Spectator vessels may be moored to a waterfront facility within the regulated area in such a way that they shall not interfere with the progress of the event. Such mooring must be complete at least 30 minutes prior to the establishment of the regulated area and remain moored through the duration of the event.
(7) The Patrol Commander may terminate the event or the operation of any vessel at any time it is deemed necessary for the protection of life or property.
(8) The Patrol Commander will terminate enforcement of the special local regulations at the conclusion of the event.
(d)
Coast Guard, DHS.
Notice of enforcement of regulation.
The Coast Guard will enforce a special local regulation on the Black Warrior River extending the entire width of the channel from mile marker 339.0 to mile marker 341.5 in Tuscaloosa, AL on March 25, 2017, to provide for the safety of life on navigable waterways during the Rowing Competition marine event. Our
The regulation in 33 CFR 100.801, Table 7, No. 4, will be enforced on March 25, 2017 from 7 a.m. until noon.
If you have questions about this notice of enforcement, call or email LT Fannie L. Wilks, Sector Mobile, Waterways Management Division, U.S. Coast Guard; telephone 251-441-5940, email
The Coast Guard will enforce a special local regulation in 33 CFR 100.801, Table 7, number 4, from 7 a.m. until noon on March 25, 2017, for the Rowing Competition in Tuscaloosa, AL. This action is being taken to provide for the safety of life on navigable waterways during the rowing event. Our regulation for Recurring Marine Events in Captain of the Port Mobile Zone, § 100.801, specifies the location of the regulated area for this 2.5 mile-long rowing event. As specified in § 100.801 during the enforcement period, no vessel may transit this regulated area without approval from the Captain of the Port Mobile (COTP) or a COTP designated representative.
This notice of enforcement is issued under authority of 33 CFR 100.801 and 5 U.S.C. 552(a). In addition to this notice of enforcement in the
Coast Guard, DHS.
Notice of deviation from drawbridge regulations.
The Coast Guard has issued a temporary deviation from the operating schedule that governs the Galveston Causeway Railroad Vertical Lift Bridge across the Gulf Intracoastal Waterway (GIWW), mile 357.2 West of Harvey Locks (WHL), at Galveston, Galveston County, Texas. The deviation is necessary to conduct cable lubing and maintenance on the bridge. This deviation allows the bridge to remain in the down position for two four-hour periods, on five consecutive days during day-light hours.
This deviation is effective from 7 a.m. on March 6, 2017 through 5 p.m. on March 10, 2017.
The docket for this deviation, [USCG-2017-0101] is available at
If you have questions on this temporary deviation, call or email Giselle MacDonald, Bridge Administration Branch, Coast Guard; telephone 504-671-2128, email
The Burlington Northern Santa Fe Railway Company requested a temporary deviation from the operating schedule of the Galveston Causeway Railroad Vertical Lift Bridge across the GIWW, mile 357.2 WHL, at Galveston, Galveston County, Texas. This deviation was requested to allow the bridge owner to complete cable lubing and scheduled semi-annual maintenance. This bridge is governed by 33 CFR 117.5.
This deviation allows the vertical lift bridge to remain in the closed-to-navigation position from 7 a.m. to 11 a.m. and from 1 p.m. to 5 p.m., daily, beginning March 6 through March 10, 2017, with a scheduled two-hour opening each day to facilitate passage of vessel traffic from 11 a.m. to 1 p.m., and the bridge will revert to open on demand status at 5 p.m. each day.
The bridge has a vertical clearance of 8.0 feet above mean high water, elevation 3 feet of the North American Vertical Datum of 1988 (NAVD88), in the closed-to-navigation position and 73 feet above mean high water in the open-to-navigation position. Navigation at the site of the bridge consists mainly of tows with barges and some recreational pleasure craft. The bridge can open in case of emergency. No alternate routes are available. The Coast Guard will inform the users of the waterways through our Local and Broadcast Notices to Mariners of the change in operating schedule for the bridge.
In accordance with 33 CFR 117.35(e), the drawbridge must return to its regular operating schedule immediately at the end of the effective period of this temporary deviation. This deviation from the operating regulations is authorized under 33 CFR 117.35.
Coast Guard, DHS.
Notice of temporary deviation from drawbridge regulations; modification.
The Coast Guard has modified a temporary deviation from the operating schedule that governs the Blynman (SR127) Bridge across the Annisquam River and Blynman Canal at mile 0.0 at Gloucester, MA. This modified deviation allows the bridge to remain in the closed-to-navigation position and is necessary to perform bridge repairs.
This modified deviation is effective from 7 a.m. on March 13, 2017 through 4 p.m. on March 19, 2017.
The docket for this deviation, USCG-2016-1023 is available at
If you have questions on this modified temporary deviation, call or email Mr. Jeffrey Stieb, First Coast Guard District Bridge Branch, Coast Guard, telephone 617-223-8364, email
On December 9, 2016, the Coast Guard published a temporary deviation entitled “Drawbridge Operation Regulation; Annisquam River and
The owner of the bridge, the Massachusetts Department of Transportation, has requested a modification of the currently published deviation in order to close the bridge to navigation from 7 a.m. on Monday, March 13, 2017 through 4 p.m. on Sunday, March 19, 2017, for necessary repairs. Two bascule leaf motors will be removed off site to be rehabilitated and reinstalled. During the period of this modification the draw span will be inoperable.
The waterways are transited primarily by seasonal recreational vessels of various sizes. On average, twelve requests were made annually during the seven day period in March for which the modification is requested. The bridge will not be able to open for emergencies. The Coast Guard contacted local waterway users regarding the Commonwealth's request for this modification and received no objections. The height of the bridge in the closed position is eight feet. Vessels able to pass through the bridge in the closed position may continue to do so. The northern entrance to the Annisquam River can be used as an alternate route for vessels to Ipswich Bay and the Atlantic Ocean.
The Coast Guard will inform users of the bridge closure through our Local and Broadcast Notices to Mariners so vessel operators can arrange their transit to minimize impacts. The drawbridge schedule will return to regular operation on April 30, 2017. This deviation from the operating regulations is authorized under 33 CFR 117.35.
Coast Guard, DHS.
Temporary interim rule; request for comments.
The Coast Guard is establishing a temporary safety zone on the Columbia River within a 500-yard radius of the small boat “Nessy” while in the area of Sand Island, near Chinook, WA, during Double-Crested Cormorant removal operations being conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services. This rule prohibits all persons and vessels from being in the safety zone unless authorized by the Captain of the Port Sector Columbia River (COTP), or a designated representative. We invite your comments on this rulemaking.
This rule is effective from April 3, 2017, through May 25, 2017. Comments and related material must be received by the Coast Guard on or before March 24, 2017.
You may submit comments identified by docket number USCG-2017-0118 using the Federal eRulemaking Portal at
If you have questions on this rule, call or email LCDR Laura Springer, Waterways Management Division, Marine Safety Unit Portland, U.S. Coast Guard; telephone 503-240-9319, email
The Coast Guard is issuing this temporary rule without prior notice and opportunity to comment pursuant to authority under section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This provision authorizes an agency to issue a rule without prior notice and opportunity to comment when the agency for good cause finds that those procedures are “impracticable, unnecessary, or contrary to the public interest.” Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good cause exists for not publishing a notice of proposed rulemaking (NPRM) with respect to this rule because the Double-Crested Cormorant removal operations are scheduled to begin on April 3, 2017 and there is not sufficient time to publish an NPRM and take comments prior to the safety zone being needed to help ensure the safety of waterways users. The Coast Guard received the specific dates that the removal operations will take place on February 27, 2017.
The Coast Guard is soliciting public comments on this temporary interim rule. Although we need to make this interim rule effective starting April 3, 2017, we will consider public comments and may issue a temporary final rule that will supersede this interim rule based on your comment.
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
We accept anonymous comments. All comments received will be posted without change to
Documents mentioned in this temporary interim rule as being available in the docket, and all public comments, will be in our online docket at
The U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services notified the Coast Guard that they intend to conduct removal operations of Double-Crested Cormorant in the area of Sand Island on the Columbia River, near Chinook, WA, on the following dates from 7 a.m. to 3 p.m. each day: April 3-6, April 10-13, April 17-20, April 24-27, May 1-4, May 8-11, May 15-18, and May 22-25, 2017. These operations will involve the use of firearms and live ammunition from the small boat “Nessy.” The COTP has determined that the operations pose a potential safety hazard for anyone within a 500-yard radius of “Nessy” due to the live gunfire, unpredictable animal behavior, and the highly dynamic marine environment in that area, which is characterized by strong tides, river currents, and wind. As such, the safety zone is needed to help ensure the safety of all waterways users in the area. The safety zone is proposed under the authority in 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.
The COTP establishes a 500-yard safety zone around the small boat “Nessy” on April 3-6, April 10-13, April 17-20, April 24-27, May 1-4, May 8-11, May 15-18, and May 22-25, 2017 from 7 a.m. to 3 p.m. while it is operating in the area encompassed by these points: 46°5′5″ N., 123°59′39″ W.; 46°15′24″ N., 123°59′42″ W.; 46°13′32″ N., 123°57′18″ W.; 46°15′9″ N., 123°55′24″ W.; and 46°15′54″ N., 123°58′6″ W. Additional and/or changes to the dates (within the effective period of this rule) and times that the safety zone will be enforced may be necessary due to weather conditions and/or other variables and will be communicated to the public via Broadcast Notice to Mariners and on-scene notification. The safety zone is intended to protect persons and vessels from the potential safety hazards associated with Double-Breasted Cormorant removal operations being conducted by the U.S. Army Corps of Engineers and U.S. Department of Agriculture Wildlife Services from “Nessy” and will do so by prohibiting all persons and vessels from entering the safety zone without permission from the COTP or a designated representative. “Nessy” is described as a 20-foot black and gray aluminum work skiff with an overhead light arch.
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.
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 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has not been designated a “significant regulatory action,” under Executive Order 12866. Accordingly, it has not been reviewed by the Office of Management and Budget.
This regulatory action determination is based on the limited size, location, duration, and time-of-day that the safety zone will be in effect and the fact that vessel traffic would be able to safely transit around the safety zone. In addition, mariners may request permission from the COTP to enter the zone if necessary.
The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The term “small entities” comprises small businesses, not-for-profit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will not have a significant economic impact on a substantial number of small entities.
While some owners or operators of vessels intending to transit the safety zone may be small entities, for the reasons stated in section VI.A above this rule would not have a significant economic impact on any vessel owner or operator.
Under section 213(a) of the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121), we want to assist small entities in understanding this rule. If the rule would affect your small business, organization, or governmental jurisdiction and you have questions concerning its provisions or options for compliance, please contact the person listed in the
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.
This rule will not call for a new collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
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
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) requires Federal agencies to assess the effects of their discretionary regulatory actions. In particular, the Act addresses actions that may result in the expenditure by a State, local, or tribal government, in the aggregate, or by the private sector of $100,000,000 (adjusted for inflation) or more in any one year. Though this rule will not result in such an expenditure, we do discuss the effects of this rule elsewhere in this preamble.
We have analyzed this rule under Department of Homeland Security Management Directive 023-01 and Commandant Instruction M16475.lD, which guide the Coast Guard in complying with the National Environmental Policy Act of 1969 (42 U.S.C. 4321-4370f), and have determined that this action is one of a category of actions that do not individually or cumulatively have a significant effect on the human environment. This rule involves the establishment of a temporary safety zone. It is categorically excluded from further review under paragraph 34(g) of Figure 2-1 of the Commandant Instruction. An environmental analysis checklist supporting this determination and a Categorical Exclusion Determination are available in the docket where indicated under
The Coast Guard respects the First Amendment rights of protesters. Protesters are asked to contact the person listed in the
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:
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.
(a)
(b)
(c)
(d)
Saint Lawrence Seaway Development Corporation, DOT.
Final rule.
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Seaway Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; Radio Communications; General; and, Vessels Transiting U.S. Waters. These amendments are necessary to take account of updated procedures and will enhance the safety of transits through the Seaway. Several of the amendments are merely editorial or for clarification of existing requirements. The joint regulations will become effective in Canada on March 20, 2017.
This rule is effective on March 20, 2017.
Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Regulations and Rules (Practices and Procedures in Canada) in their respective jurisdictions. Under agreement with the SLSMC, the SLSDC is amending the joint regulations by updating the Regulations and Rules in various categories. The changes update the following sections of the Regulations and Rules: Condition of Vessels; Seaway Navigation; Radio Communications; General; and, Vessels Transiting U.S. Waters. These updates are necessary to take account of updated procedures which will enhance the safety of transits through the Seaway. Many of these changes are to clarify existing requirements in the regulations. Where new requirements or regulations are made, an explanation for such a change is provided below.
The SLSDC is amending two sections of the Condition of Vessels portion of the joint Seaway regulations. In § 401.08, “Landing booms”, the two Corporations are requiring vessels with freeboard greater than 2 m and not equipped with landing booms to use the Seaway tie-up service at approach walls. Under the current rules, crew members on vessels with freeboard greater than 2 m and no landing booms jump approximately 4-6 feet from the vessel to the approach wall. This rule would eliminate the safety risks associated with this practice.
In § 401.9, “Radio telephone and navigation equipment”, the SLSDC and SLSMC are requiring that vessels maintain radio transmitters on board that are fitted to communicate on additional VHF channels to reduce possible interference from channels transmitting lock operation instructions to vessels via specially designated VHF channels.
In the Seaway Navigation portion of the regulations, a change to § 401.44, “Mooring in locks”, is being made that would require one crew member to be present on deck during lockage to assist the Bridge team. A change to § 401.89, “Transit refused” of the General section of the regulations clarifies that vessels need to be in compliance with Transport Canada's Marine Safety and Security regulations in order to transit the Seaway.
The other changes to the joint regulations are merely editorial or to clarify existing requirements.
A Notice of Proposed Rulemaking was published in the
This regulation involves a foreign affairs function of the United States and therefore, Executive Order 12866 does not apply and evaluation under the Department of Transportation's Regulatory Policies and Procedures is not required.
I certify that this regulation will not have a significant economic impact on a substantial number of small entities. The St. Lawrence Seaway Regulations and Rules primarily relate to commercial users of the Seaway, the vast majority of who are foreign vessel operators. Therefore, any resulting costs will be borne mostly by foreign vessels.
This regulation does not require an environmental impact statement under the National Environmental Policy Act (49 U.S.C. 4321,
The Corporation has analyzed this rule under the principles and criteria in Executive Order 13132, dated August 4, 1999, and have determined that this proposal does not have sufficient federalism implications to warrant a Federalism Assessment.
The Corporation has analyzed this rule under Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and determined that it does not impose unfunded mandates on State, local, and tribal governments and the private sector requiring a written statement of economic and regulatory alternatives.
This regulation has been analyzed under the Paperwork Reduction Act of 1995 and does not contain new or modified information collection requirements subject to the Office of Management and Budget review.
Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation amends 33 CFR part 401, Seaway Regulations and Rules, as follows:
33 U.S.C. 983(a) and 984(a)(4), as amended; 49 CFR 1.52, unless otherwise noted.
(c) Vessels with freeboard greater than 2 m and not equipped with landing booms shall utilize the Seaway tie-up service at approach walls.
(b) * * *
(2) Be fitted to operate from the conning position in the wheelhouse and to communicate on channels 11, 12, 13, 14, 15, 16, 17, 66a, 75, 76 and 77.
(c) * * *
(2) * * *
(iii) Any vessel intending to use the DIS for the first time must notify the Manager of the Corporation in writing at least 24 hours prior to the
(iv) In every navigation season a vessel intending to use an approved DIS to transit the System must fax a completed confirmation checklist found at
(d) Vessels being moored by a “Hands Free Mooring” (HFM) system shall have a minimum of 1 well rested crew member on deck during the lockage to assist the Bridge team.
(b) Every pleasure craft seeking to transit Canadian locks shall stop at a pleasure craft dock and arrange for transit by contacting the lock personnel using the direct-line phone and make the lockage fee payment by purchasing a ticket using the automated ticket dispensers or prior to transiting Seaway locks, purchase a ticket through PayPal on the Seaway Web site.
(c) A down bound vessel in St. Lambert Lock shall switch to channel 10 (156.5 MHz) for a traffic report from Quebec Vessel Management Center.
(a) * * *
(4) The vessel is not in compliance with Transport Canada Marine Safety and Security, flag state and/or classification society regulations.
(c) U.S. Coast Pilot, current edition.
Saint Lawrence Seaway Development Corporation, DOT.
Final rule.
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls in their respective jurisdictions. The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is revising its regulations to reflect the fees and charges levied by the SLSMC in Canada starting in the 2017 navigation season, which are effective only in Canada. An amendment to increase the minimum charge per lock for those vessels that are not pleasure craft or subject in Canada to tolls under items 1 and 2 of the Tariff for full or partial transit of the Seaway will apply in the U.S. (See
This rule is effective on March 20, 2017.
Carrie Mann Lavigne, Chief Counsel, Saint Lawrence Seaway Development Corporation, 180 Andrews Street, Massena, New York 13662; 315/764-3200.
The Saint Lawrence Seaway Development Corporation (SLSDC) and the St. Lawrence Seaway Management Corporation (SLSMC) of Canada, under international agreement, jointly publish and presently administer the St. Lawrence Seaway Tariff of Tolls (Schedule of Fees and Charges in Canada) in their respective jurisdictions.
The Tariff sets forth the level of tolls assessed on all commodities and vessels transiting the facilities operated by the SLSDC and the SLSMC. The SLSDC is proposing to revise 33 CFR 402.12, “Schedule of tolls”, to reflect the fees and charges levied by the SLSMC in Canada beginning in the 2017 navigation season. With one exception, the changes affect the tolls for commercial vessels and are applicable only in Canada. The collection of tolls by the SLSDC on commercial vessels transiting the U.S. locks is waived by law (33 U.S.C. 988a(a)). Accordingly, no notice or comment was necessary on these amendments.
The SLSDC is amending 33 CFR 402.12, “Schedule of tolls”, to increase the minimum charge per vessel per lock for full or partial transit of the Seaway from $27.46 to $28.01. This charge is for vessels that are not pleasure craft or subject in Canada to the tolls under items 1 and 2 of the Tariff. This increase is due to higher operating costs at the locks.
A Notice of Proposed Rulemaking was published in the
This regulation involves a foreign affairs function of the United States and therefore, Executive Order 12866 does not apply and evaluation under the Department of Transportation's Regulatory Policies and Procedures is not required.
I certify this regulation will not have a significant economic impact on a
This regulation does not require an environmental impact statement under the National Environmental Policy Act (49 U.S.C. 4321, et reg.) because it is not a major federal action significantly affecting the quality of the human environment.
The Corporation has analyzed this rule under the principles and criteria in Executive Order 13132, dated August 4, 1999, and has determined that this proposal does not have sufficient federalism implications to warrant a Federalism Assessment.
The Corporation has analyzed this rule under Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 109 Stat. 48) and determined that it does not impose unfunded mandates on State, local, and tribal governments and the private sector requiring a written statement of economic and regulatory alternatives.
This regulation has been analyzed under the Paperwork Reduction Act of 1995 and does not contain new or modified information collection requirements subject to the Office of Management and Budget review.
Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation mends 33 CFR part 402, Tariff of Tolls, as follows:
33 U.S.C. 983(a), 984(a)(4) and 988, as amended; 49 CFR 1.52.
Environmental Protection Agency.
Final rule.
The Environmental Protection Agency (EPA) Region III announces the deletion of a portion of the North Penn Area 6 Superfund Site (Site) located in Lansdale Borough, Montgomery County, Pennsylvania, from the National Priorities List (NPL). The deletion affects approximately 6.5 acres located at 135 East Hancock Street (the “Administrative Parcel”). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This partial deletion pertains to the soils and groundwater of the Administrative Parcel portion of the Site. The other portions of the Site will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), have determined that all appropriate response actions under CERCLA, other than monitoring and five-year reviews, have been completed. However, the deletion of the Administrative Parcel does not preclude future actions under Superfund.
This action is effective March 3, 2017.
EPA has established a docket for this action under Docket Identification No. EPA-HQ-SFUND-1989-0008. All documents in the docket are listed on the
• U.S. EPA Region III, Superfund Records Center, 6th Floor, 1650 Arch Street, Philadelphia, PA 19103-2029; phone (215) 814-3157, Monday through Friday 8:00 a.m. to 5:00 p.m.
• The Lansdale Public Library, 301 Vine St., Lansdale, PA 19446; phone (215) 855-3228, Monday through Friday 10:00 a.m. to 9:00 p.m.
Huu Ngo, Remedial Project Manager (3HS21), U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029; (215) 814-3187; email:
The portion of the Site to be deleted from the NPL is approximately 6.5 acres located at 135 East Hancock Street, within the former Tate Andale Property of the North Penn Area 6 Superfund Site, Lansdale Borough, Montgomery County, Pennsylvania. A Notice of Intent for Partial Deletion for this Site was published in the
The closing date for comments on the Notice of Intent for Partial Deletion was January 23, 2017. Two public comments were received, which expressed concern regarding environmental risk and groundwater contamination. EPA responded to these comments by citing the soil and groundwater cleanups that have occurred, and the determination that, for the Administrative Parcel, the remedial action objectives for the soil and groundwater cleanups have been met and no further Superfund response actions are needed to protect human health and the environment. A responsiveness summary was prepared and placed in both the docket, EPA-HQ-SFUND-1989-0008, on
EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion of a site from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of portions of a site from the NPL does not affect responsible party liability, in the unlikely event that future conditions warrant further actions.
Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply.
For reasons set out in the preamble, 40 CFR part 300 is amended as follows:
33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Temporary rule; closure.
NMFS is prohibiting directed fishing for pollock in Statistical Area 620 in the Gulf of Alaska (GOA). This action is necessary to prevent exceeding the A season allowance of the 2017 total allowable catch of pollock for Statistical Area 620 in the GOA.
Effective 1200 hrs, Alaska local time (A.l.t.), February 28, 2017, through 1200 hrs, A.l.t., March 10, 2017.
Josh Keaton, 907-586-7228.
NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679.
The A season allowance of the 2017 total allowable catch (TAC) of pollock in Statistical Area 620 of the GOA is 34,549 metric tons (mt) as established by the final 2017 and 2018 harvest specifications for groundfish in the GOA (82 FR 12032, February 27, 2017).
In accordance with § 679.20(d)(1)(i), the Regional Administrator has determined that the A season allowance of the 2017 TAC of pollock in Statistical Area 620 of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 34,049 mt and is setting aside the remaining 500 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for pollock in Statistical Area 620 of the GOA.
After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip.
This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the closure of directed fishing for pollock in Statistical Area 620 of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of February 24, 2017.
The AA also finds good cause to waive the 30-day delay in the effective date of this action under 5 U.S.C. 553(d)(3). This finding is based upon the reasons provided above for waiver of prior notice and opportunity for public comment.
This action is required by § 679.20 and is exempt from review under Executive Order 12866.
16 U.S.C. 1801
Agricultural Marketing Service, USDA.
Reopening of comment period.
Notice is hereby given that the Agricultural Marketing Service (AMS) is reopening the comment period for the document inviting comments on a proposal to create new United States Standards for Grades of Frozen Onions and request for comments published in the
AMS is reopening the comment period for the proposed rule published November 23, 2016 (81 FR 84506). Comments must be received by April 3, 2017.
Interested persons are invited to submit comments on the notice via the Internet at:
Brian E. Griffin, Agricultural Marketing Specialist, Specialty Crops Inspection Division, Specialty Crops Program, AMS, USDA; telephone: (202) 720-5021, fax (202) 690-1527, or email
A document regarding proposed new United States Standards for Grades of Frozen onions was published in the
The 60-day comment period provided in the previously published proposed rule closed January 23, 2017. The comment period is reopened until April 3, 2017. AMS is reopening the public comment period for 30 days to ensure that interested persons have sufficient time to review and comment on the document.
7 U.S.C. 1621-1627.
Federal Aviation Administration (FAA), DOT.
Notice of proposed rulemaking (NPRM).
We propose to adopt a new airworthiness directive (AD) for Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, AS332L2, and EC225LP helicopters. This proposed AD would require inspecting the sliding cabin doors. This proposed AD is prompted by the failure of the sliding door's jettison mechanism due to corrosion. The proposed actions are intended to address the unsafe condition in these products.
We must receive comments on this proposed AD by May 2, 2017.
You may send comments by any of the following methods:
•
•
•
•
You may examine the AD docket on the Internet at
For service information identified in this proposed rule, contact Airbus Helicopters, 2701 N. Forum Drive, Grand Prairie, TX 75052; telephone (972) 641-0000 or (800) 232-0323; fax (972) 641-3775; or at
David Hatfield, Aviation Safety
We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.
We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.
EASA, which is the Technical Agent for the Member States of the European Union, has issued EASA AD No. 2015-0156, dated July 29, 2015, and corrected July 30, 2015, to correct an unsafe condition for Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2 helicopters manufactured before July 14, 2014, and equipped with cabin sliding plug doors (sliding doors) modified in accordance with Airbus Helicopters modification (MOD) AL25612 or 0725870. EASA AD No. 2015-0156 also applies to Airbus Helicopters Model EC225LP helicopters manufactured before July 14, 2014, and equipped with sliding doors.
EASA advises that the sliding door's emergency jettisoning mechanism failed during a scheduled inspection and that a subsequent investigation found significant corrosion damage caused by water that accumulated after a plastic-rubber compound obstructed the water drain of the door's jettison mechanism system. This condition, if not detected and corrected, could lead to jamming of the jettisoning mechanism, possibly preventing the jettisoning of the door during an emergency and jeopardizing the safe evacuation of occupants, EASA advises.
To address this unsafe condition, EASA AD No. 2015-0156 requires a one-time inspection of the left hand and right hand sliding doors for corrosion.
These helicopters have been approved by the aviation authority of France and are approved for operation in the United States. Pursuant to our bilateral agreement with France, EASA, its technical representative, has notified us of the unsafe condition described in its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.
We reviewed Airbus Helicopters Alert Service Bulletin No. AS332-53.01.86, Revision 1, dated June 29, 2015 (ASB AS332-53.01.86), for Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2 helicopters and military model AS332B, B1, F1, M, and M1 helicopters; and Alert Service Bulletin No. EC225-53A048, Revision 0, dated August 18, 2014 (ASB EC225-53A048), for Model EC225LP helicopters. ASB AS332-53.01.86 and ASB EC225-53A048 specify checking areas of the emergency jettisoning system of the sliding doors for the absence of sealing compound, for corrosion on the visible surfaces of the bracket, for the absence of interference between the stainless steel pipe and the aluminum bracket, and for non-obstruction of the drain.
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
This proposed AD would require, within 30 days, visually inspecting the left-hand and right-hand sliding doors for sealing compound and removing any sealing compound.
This proposed AD also would require inspecting all visible bracket surfaces for corrosion. If there is any corrosion, this proposed AD would require removing the corrosion, measuring the corrosion depth, and performing a jettisoning test. If the measured corrosion depth is less than 0.5 mm and the door passes the test, this proposed AD would require applying corrosion protectant. If the measured corrosion depth is 0.5 mm or more and the door passes the test, this proposed AD would require applying corrosion protectant, retesting at intervals not to exceed two months, and then replacing the jettisoning system within 6 months. If the door does not pass the test, this proposed AD would require replacing the jettisoning system before further flight.
This proposed AD would also require measuring the clearance between the bracket and stainless steel pipe. If the clearance is less than 3 mm, this proposed AD would require removing the lockwire from the union, loosening the unions of the air vent pipe, positioning the support and the air vent pipe to ensure a minimum clearance of 3 mm. This proposed AD would then require tightening the support and unions of the pipe and safety the union using lockwire.
For Model EC225LP helicopters and Model AS332-series helicopters with modification AL25612, this proposed AD would require inspecting for drain obstruction and, if the drain is obstructed, removing the sealing compound and adhesive from the gutter in the bracket area and unclogging the drain and gutter. This proposed AD would then require cleaning the gutter, applying adhesive to the gutter, and applying sealing compound.
The EASA AD requires compliance within various times, depending on the helicopter model and modifications. This proposed AD would require compliance within 30 days.
We estimate that this proposed AD would affect 24 helicopters of U.S. Registry and that labor costs average $85 per work-hour. Based on these estimates, we expect that visually inspecting for corrosion would require 1 work-hour and no parts for a total cost of $85 per helicopter, and $2,040 for the U.S. fleet. Replacing corroded parts would require 8 work-hours and parts would cost $500 for a total cost of $1,180 per helicopter. Replacing the door jettisoning system would require 16 work-hours and parts would cost $4,500 for a total cost of $5,860 per helicopter.
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
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.
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, 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.
We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Accordingly, under the authority delegated to me by the Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
49 U.S.C. 106(g), 40113, 44701.
This AD applies to the following Airbus Helicopters, certificated in any category:
(1) Model AS332C, AS332C1, AS332L, AS332L1, and AS332L2 helicopters with a date of manufacture on or before July 14, 2014, and with a sliding cabin plug door (sliding door) with Airbus Helicopters modification AL25612 or 0725870 installed; and
(2) Model EC225LP helicopters with a date of manufacture on or before July 14, 2014.
This AD defines the unsafe condition as corrosion of a jettisoning mechanism which, if not detected and corrected, could result in failure of a sliding door to jettison, preventing occupants from exiting the helicopter during an emergency.
We must receive comments by May 2, 2017.
You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.
Within 30 days:
(1) Visually inspect the left-hand and right-hand sliding doors for sealing compound as shown in Figure 1 of Airbus Helicopters Alert Service Bulletin No. AS332-53.01.86, Revision 1, dated June 29, 2015 (ASB AS332-53.01.86), or Airbus Helicopters Alert Service Bulletin No. EC225-53A048, Revision 0, dated August 18, 2014 (ASB EC225-53A048), as applicable for your model helicopter. Remove any sealing compound.
(2) Inspect all visible bracket surfaces for corrosion. If there is any corrosion, remove the corrosion and measure the corrosion depth.
(i) If the measured corrosion depth is less than 0.5 mm, perform a jettisoning test. If the door passes the test, apply corrosion protectant. If the door does not pass the test, replace the jettisoning system before further flight.
(ii) If the measured corrosion depth is 0.5 mm or more, perform a jettisoning test. If the door passes the test, apply corrosion protectant, perform a jettisoning test at intervals not to exceed two months for not more than six months, and replace the jettisoning system within six months. If the door does not pass the test, replace the jettisoning system before further flight.
(3) Measure the clearance between the bracket and stainless steel pipe. If the clearance is less than 3 mm, remove the lockwire from the union and loosen the unions of the air vent pipe. Position the support and the air vent pipe to ensure a minimum clearance of 3 mm. Tighten the support and unions of the pipe and safety the union using lockwire.
(4) For Model EC225LP helicopters and Model AS332-series helicopters with modification AL25612, inspect for drain obstruction by compressing the middle rail roller well piston and injecting distilled water through the roller well to determine if the water drains. If the drain is obstructed, remove the sealing compound and adhesive from the gutter in the bracket area. Remove the drain from the gutter and unclog the drain and gutter using a spatula or brush. Clean the gutter on the bracket side and the drain. Apply adhesive to the gutter and then slide in the drain. Allow the adhesive to dry and then apply sealing compound.
(1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: David Hatfield, Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5116; email
(2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.
The subject of this AD is addressed in European Aviation Safety Agency (EASA) AD No. 2015-0156, dated July 29, 2015, and corrected July 30, 2015. You may view the EASA AD on the Internet at
Joint Aircraft Service Component (JASC) Code: 5220, Emergency Exits.
Agricultural Marketing Service, USDA.
Notice; request for nominations.
The Farm Security and Rural Investment Act of 2002 (2002 Farm Bill) requires the Secretary of Agriculture (Secretary) to establish a Peanut Standards Board (Board) for the purpose of advising the Secretary on quality and handling standards for domestically produced and imported peanuts. The initial Board was appointed by the Secretary and announced on December 5, 2002. USDA seeks nominations for individuals to be considered for selection as Board members for a term of office ending June 30, 2020. Selected nominees would replace three producer and three industry representatives who currently serve on the Board and have terms of office that end on June 30, 2017. The Board consists of 18 members representing producers and the industry. In an effort to obtain diversity among candidates, USDA encourages the nomination of men and women of all racial and ethnic groups and persons with a disability.
Written nominations must be received on or before April 17, 2017.
Nominations should be sent to Steven W. Kauffman of the Southeast Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1124 1st Street South, Winter Haven, FL 33880; Telephone: (863) 324-3375; Fax: (863) 291-8614; Email:
Section 1308 of the 2002 Farm Bill requires the Secretary of Agriculture to establish and consult with the Board for the purpose of advising the Secretary regarding the establishment of quality and handling standards for all domestic and imported peanuts marketed in the United States.
The 2002 Farm Bill provides that the Board's makeup will include three producers and three peanut industry representatives from States specified in each of the following producing regions: Southeast (Alabama, Georgia, and Florida); Southwest (Texas, Oklahoma, and New Mexico); and Virginia/North Carolina.
The term “peanut industry representatives” includes, but is not limited to, representatives of shellers, manufacturers, buying points, marketing associations and marketing cooperatives. The 2002 Farm Bill exempted the appointment of the Board from the requirements of the Federal Advisory Committee Act.
USDA invites individuals, organizations, and groups affiliated with the categories listed above to nominate individuals for membership on the Board. Nominees sought by this action would fill two positions in the Southeast region, two positions in the Southwest region, and two positions in the Virginia/North Carolina region.
Nominees should complete an Advisory Committee or Research and Promotion Background Information form (AD-755) and submit it to Steven Kauffman at the address provided in the
Equal opportunity practices will be followed in all appointments to the Board in accordance with USDA policies. To ensure that the recommendations of the Board have taken into account the needs of the diverse groups within the peanut industry, membership shall include, to the extent practicable, individuals with demonstrated abilities to represent minorities, women, persons with disabilities, and limited resource agriculture producers.
7 U.S.C. 7958.
The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments are requested regarding (1) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility and clarity of the information to be collected; (4) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical or other technological collection techniques or other forms of information technology.
Comments regarding this information collection received by April 3, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725 17th Street NW., Washington, DC 20503. Commenters are encouraged to submit their comments to OMB via email to:
An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to
This is a request for the three-year renewal of this information collection. In addition to the national Catfish and Trout Production Surveys, NASS is requesting approval to conduct three state-specific aquaculture surveys to be conducted under reimbursable agreements in Florida, Hawaii, and Pennsylvania. Also, NASS will discontinue the Catfish Feed Deliveries Report and the Catfish Processing Report.
Forest Service, USDA.
Notice; request for comment.
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the proposed new information collection,
Comments must be received in writing on or before May 2, 2017 to be assured of consideration. Comments received after that date will be considered to the extent practicable.
Comments concerning this notice should be addressed to Lindsay Buchanan, Collaborative Forest Landscape Restoration Program Coordinator, 1220 SW 3rd Ave., Portland, Oregon, 97204. Comments may also be submitted by email to:
Lindsay Buchanan, 503-808-2810. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1-800-877-8339, twenty-four hours a day, every day of the year, including holidays.
The Forest Landscape Restoration Act (FLRA) of 2009 (16 U.S.C. 7303), which enabled the CFLRP, requires monitoring “to assess the positive or negative
Gaining information from individuals who work or live in the geographic area of the SWCC provides valuable information to partners and land management decision makers. To ensure the USFS is informed about the opinions of participants of collaborative processes and public members living in or around the SWCC, the USFS seeks to obtain approval by the Office of Management and Budget (OMB) of an ICR to collect both qualitative and quantitative feedback from stakeholders on management decisions, forest restoration work, monitoring activities, and land management planning. The information will be collected through a census survey of participants of the Southwestern Crown Collaborative and a mail-in, on-line, and hard copy survey of residents of the Southwestern Crown of the Continent Landscape. Through the collection of this information, managers and planners will obtain valuable information to inform future decisions. USFS public affairs staff, social scientists, and economists may also use this information, and USFS, academic, and other researchers may use or cite the results or data collected in publications.
Without the collection of this information, the USFS will be unable to determine whether it is meeting the requirements of the Forest Landscape Restoration Act, nor if they are fully incorporating partner and public input into forest project, implementation, monitoring and/or planning processes as required by law.
Comment is invited on: (1) Whether this collection of information is necessary for the stated purposes and the proper performance of the functions of the Agency, including whether the information will have practical or scientific utility; (2) the accuracy of the Agency's estimate of the burden of the collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
All comments received in response to this notice, including names and addresses when provided, will be a matter of public record. Comments will be summarized and included in the submission request for OMB approval.
Forest Service, USDA.
Notice; request for comment.
In accordance with the Paperwork Reduction Act of 1995, the Forest Service is seeking comments from all interested individuals and organizations on the revision with changes of the currently approved information collection 0596-0066, Advertised Timber for Sale.
Comments must be received in writing on or before May 2, 2017 to be assured of consideration. Comments received after that date will be considered to the extent practicable.
Comments concerning this notice should be addressed to Director, Forest Management, 1400 Independence Avenue SW., Mail Stop 1103, Washington, DC 20250-0003.
Comments also may be submitted via facsimile to (202) 205-1045 or by email to:
All comments, including names and addresses when provided, are placed in the record and are available for public inspection and copying. The public may inspect comments received at the Office of the Director, Forest Management, Third Floor, Southwest Wing, Yates Building, 201 14th Street SW., Washington, DC. Visitors are encouraged to call ahead at (202) 205-1496 to facilitate entry into the building.
Carl Maass, Forest Management Staff, at (970) 295-5961. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339, 24 hours a day, every day of the year, including holidays.
Pursuant to the Forest Service Small Business Timber Sale Set-Aside Program, developed in cooperation with the Small Business Administration, Forest Service regulations at Title 36 of the Code of Federal Regulations, § 223.84 require that the Forest Service bid form used by potential timber sale bidders include provisions for small business concerns. The data collected will be used by the agency to ensure that National Forest System timber will be sold at not less than appraised value, that bidders will meet specific criteria when submitting a bid, and that anti-trust violations will not occur during the bidding process.
The tax identification number of each bidder is entered into an automated bid monitoring system, which is used to determine if speculative bidding or unlawful bidding practices are occurring and is required to process electronic payments to the purchaser.
Respondents will be bidders on National Forest System timber sales. Forest Service sale officers will mail bid forms to potential bidders, and bidders will return the completed forms, dated and signed, to the Forest Service sale officer.
The data gathered in this information collection are not available from other sources.
Forms showing changes to the July 2014 versions currently in use can be viewed on the World Wide Web/Internet site at:
Comment is invited on: (1) Whether the proposed collection of information is necessary for the stated purposes or the proper performance of the functions of the agency, including whether the information shall have practical or scientific utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of the collection of information on respondents, including the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology.
All comments received in response to this notice, including name and address when provided, will be summarized and included in the request for Office of Management and Budget approval. All comments also will become a matter of public record.
U.S. Commission on Civil Rights.
Announcement of public meeting.
Wednesday, March 15, 2017.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission) and the Federal Advisory Committee Act (FACA) that a meeting of the Nevada Advisory Committee (Committee) to the Commission will be held from 9:00 a.m. to 5:00 p.m. (Pacific Time) Wednesday, March 15, 2017, for the purpose of receiving information on the civil rights issues regarding municipal fines and fees in Nevada. There will be two meeting locations held simultaneously; the primary meeting will be held in Las Vegas from 9:00 a.m. to 5:00 p.m. PST at the Nevada Department of Employment, Training and Rehabilitation, 2800 E. St. Louis Ave., Las Vegas, NV 89104 in First floor conference rooms A, B and C. The second meeting will be in Reno from 9:00 a.m. to 5:00 p.m. PST at the Nevada Department of Employment, Training and Rehabilitation, 1325 Corporate Boulevard, Reno, NV 89502 in the large conference room.
Members of the public are entitled to make comments during the open period at the end of the meeting. Members of the public may also submit written comments; the comments must be received in the Regional Programs Unit within 30 days following the meeting. Written comments may be mailed to the Western Regional Office, U.S. Commission on Civil Rights, 300 North Los Angeles Street, Suite 2010, Los Angeles, CA 90012. They may be faxed to the Commission at (312) 353-8311, or emailed Ana Victoria Fortes at
Records and documents discussed during the meeting will be available for public viewing prior to and after the meeting at
Commission on Civil Rights.
Announcement of meeting.
Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA), that a meeting of the New York Advisory Committee to the Commission will convene at 9:00 a.m. (EDT) on Monday, March 20, 2017 and Tuesday, March 21, 2017 in the Auditorium of CUNY School of Law, 2 Court Square, Long Island City, NY 11101. The purpose of the meeting is to hear testimony on whether the policies and practices of the New York Police Department have a disproportionate impact on youth of color. The Committee will also hear testimony regarding the accountability policies governing New York police officers.
Monday, March 20, 2017, and Tuesday, March 21, 2017, from 9:00 a.m. to 6:00 p.m. EDT.
CUNY School of Law, Auditorium, 2 Court Square, Long Island City, NY 11101.
Barbara Delaviez at
The meeting is free and open to the public. If other persons who plan to attend the meeting require accommodations, please contact Evelyn Bohor at
Time will be set aside at the end of the briefing so that members of the public may address the Committee after the formal presentations have been completed. Persons interested in the issue are also invited to submit written comments; the comments must be received in the regional office by Monday, April 24, 2017. Written comments may be mailed to the Eastern Regional Office, U.S. Commissionon Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at
Records and documents discussed during the meeting will be available for public viewing as they become available at
Enforcement and Compliance, International Trade Administration, Department of Commerce
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain cut-to-length carbon-quality steel plate products (CTL plate) from the Republic of Korea (Korea). The period of review (POR) is February 1, 2015, through January 31, 2016. The Department preliminarily determines that the producers/exporters subject to this review made sales of subject merchandise at less than normal value. We invite interested parties to comment on these preliminary results.
Effective March 3, 2017.
Yang Jin Chun or Thomas Schauer, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5760 or (202) 482-0410, respectively.
The products covered by the antidumping duty order are certain CTL plate. Imports of CTL plate are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 7208.40.3030, 7208.40.3060, 7208.51.0030, 7208.51.0045, 7208.51.0060, 7208.52.0000, 7208.53.0000, 7208.90.0000, 7210.70.3000, 7210.90.9000, 7211.13.0000, 7211.14.0030, 7211.14.0045, 7211.90.0000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7225.40.3050, 7225.40.7000, 7225.50.6000, 7225.99.0090, 7226.91.5000, 7226.91.7000, 7226.91.8000, and 7226.99.0000. While
We received timely filed submissions from Daewoo International Corp., GS Global Corp., Hyosung Corporation, Hyundai Glovis Co., Ltd., Hyundai Mipo Dockyard Co., Ltd., Samsung C&T Corporation, Samsung Heavy Industries, and SK Networks Co., Ltd., reporting to the Department that each had no exports, sales, or entries of subject merchandise to the United States during the POR.
The Department is conducting this review in accordance with section 751 of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. Normal value is calculated in accordance with section 773 of the Act.
For a full description of the methodology underlying our conclusions,
We preliminarily determine that the following weighted-average dumping margins exist for the respondents for the period February 1, 2015, through January 31, 2016.
We intend to disclose the calculations performed for these preliminary results to the parties within five days after public announcement of the preliminary results in accordance with 19 CFR 351.224(b). Pursuant to 19 CFR 351.309(c), interested parties may submit case briefs not later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed not later than five days after the date for filing case briefs.
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically
If a respondent's weighted-average dumping margin is above
For entries of subject merchandise during the POR produced by Dongkuk Steel Mill Co., Ltd. or Hyundai Steel Company for which they did not know their merchandise was destined for the United States, we will instruct CBP to liquidate unreviewed entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
For the companies which were not selected for individual examination, BDP International, Bookuk Steel Co., Ltd., Samsung C&T Engineering & Construction Group, Samsung C&T Trading and Investment Group, and Sung Jin Steel Co., Ltd., we will instruct CBP to apply the rates listed above to all entries of subject merchandise produced and/or exported by these firms.
We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.
The following deposit requirements will be effective upon publication of the notice of final results of this review for all shipments of CTL plate from Korea entered, or withdrawn from warehouse, for consumption on or after the date of publication as provided by section
These cash deposit requirements, when imposed, shall remain in effect until further notice.
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
The Department is issuing and publishing these results in accordance with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(4).
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) determines that phosphor copper from the Republic of Korea (Korea) is being, or is likely to be, sold in the United States at less than fair value (LTFV). Bongsan Co., Ltd. (Bongsan) is the sole mandatory respondent in this investigation. The period of investigation (POI) is January 1, 2015, through December 31, 2015. The final estimated dumping margins of sales at LTFV are shown below in the “Final Determination” section of this notice.
Effective March 3, 2017.
Cindy Robinson or Samuel Brummitt, AD/CVD Operations, Office III, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3797 or (202) 482-7851, respectively.
On October 14, 2016, the Department published its preliminary affirmative determination of sales at LTFV in the investigation of phosphor copper from Korea.
On October 27, 2016, we postponed the final determination to February 27, 2017.
Metallurgical Products Company (Petitioner) submitted its case brief on December 28, 2016.
A full discussion of the issues raised by parties for this final determination may be found in the Issues and Decision Memorandum, which is hereby adopted by this notice.
The product covered by this investigation is phosphor copper from
All issues raised in the case and rebuttal briefs in this investigation are addressed in the Issues and Decision Memorandum. A list of the issues raised is attached to this notice at Appendix II. 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
On October 14, 2016, the Department found that critical circumstances do not exist for merchandise exported by Bongsan.
As provided in section 782(i) of the Tariff Act of 1930, as amended (the Act), from November 9, 2016, to November 13, 2016, we conducted verification of the sales responses by Bongsan. From November 14, 2016, to November 18, 2016, we conducted verification of the cost responses by Bongsan. We issued our verification reports of Bongsan's sales and cost responses on December 9, 2016, and December 19, 2016, respectively.
Based on our analysis of the comments received and our findings at verification, we made the following changes to Bongsan's final margin calculation: (1) We recalculated the company's general and administrative expense (G&A) ratio; (2) we recalculated the company's interest expense (INTEX) ratio; (3) we corrected a customer code for a U.S. customer in the calculation of billing adjustments; (4) we removed the duty drawback adjustment from Bongsan's margin calculation; and (5) we recalculated indirect selling expense ratios for home market and U.S. market sales. As a result of these changes, the weighted-average dumping margin for Bongsan and all others has changed. For a discussion of these changes,
Section 735(c)(5)(A) of the Act provides that the estimated “all others” rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or
The Department determines that the final estimated weighted-average dumping margins are as follows:
We will disclose the calculations performed within five days of the public announcement of this final determination, in accordance with 19 CFR 351.224(b).
In accordance with section 735(c)(1)(B) of the Act, we will instruct U.S. Customs and Border Protection (CBP) to continue the suspension of liquidation of all appropriate entries of phosphor copper from Korea, as described in Appendix I of this notice, which were entered, or withdrawn from warehouse, for consumption on or after October 14, 2016, the date of publication of the
In accordance with section 735(d) of the Act, we will notify the International Trade Commission (ITC) of our final affirmative determination of sales at LTFV. Because the final determination in this proceeding is affirmative, in accordance with section 735(b)(2) of the Act, the ITC will make its final determination as to whether the domestic industry in the United States is materially injured, or threatened with material injury, by reason of imports of phosphor copper from Korea no later than 45 days after our final determination. If the ITC determines that material injury or threat of material injury does not exist, the proceeding will be terminated and all securities posted will be refunded or canceled. If the ITC determines that such injury does exist, the Department will issue an antidumping duty order directing CBP to assess, upon further instruction by the Department, antidumping duties on appropriate imports of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the effective date of the suspension of liquidation.
This notice serves as a reminder to the parties subject to APO of their responsibility concerning the disposition of proprietary information disclosed under APOs in accordance with 19 CFR 351.305(a)(3). Timely notification of the return or destruction of APO materials, or conversion to judicial protective order, is hereby requested. Failure to comply with the regulations and the terms of APOs is a sanctionable violation.
This determination and this notice are issued and published pursuant to sections 735(d) and 777(i)(1) of the Act.
The merchandise covered by this investigation is master alloys
Merchandise covered by this investigation is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheading 7405.00.1000. This HTSUS subheading is provided for convenience and customs purposes; the written description of the scope of this investigation is dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) preliminary determines that the sole remaining mandatory respondent under review does not qualify for a separate rate and is, therefore, considered a part of the People's Republic of China (PRC)-Wide Entity for its exports of subject merchandise exported to the United States during the period of review (POR), June 1, 2015, through May 31, 2016. If these preliminary results are adopted in the final results, the Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries of subject merchandise during the POR. Interested parties are invited to comment on these preliminary results.
Effective March 3, 2017.
Julia Hancock or Courtney Canales, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1394 or (202) 482-4997, respectively.
On August 11, 2016, the Department published in the
The product covered by the order is certain polyester staple fiber. The product is currently classified under the Harmonized Tariff Schedule of the United States (HTSUS) numbers 5503.20.0045 and 5503.20.0065. Although the HTSUS numbers are provided for convenience and customs purposes, the written description of the scope of the order remains dispositive.
Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party or parties that requested a review withdraws the request within 90 days of the publication date of the notice of initiation of the requested review. As noted above, Petitioner withdrew its request for an administrative review of Cixi Sansheng within 90 days of the publication date of the notice of initiation. No other parties requested an administrative review of the order. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this review of the AD order on PSF from the PRC with respect to Cixi Sansheng.
The Department is conducting this review in accordance with sections 751(a)(1)(B) and 751(a)(2)(A) of the Tariff Act of 1930, as amended (the Act). In making our findings, because Hangzhou Huachuang did not respond to our AD questionnaire and is not receiving a separate rate, we are preliminarily treating Hangzhou Huachuang as part of the PRC-wide entity. For a full description of the methodology underlying our preliminary conclusions,
For a complete description of the events that followed the initiation of this investigation,
The Preliminary Decision Memorandum is a public document and is on file electronically
The Department preliminarily determines that the following weighted-average dumping margins exist for the period June 1, 2015, through May 31, 2016:
Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because the Department preliminarily determined that the sole remaining respondent under review, Hangzhou Huachuang, is part of the PRC-wide entity, there are no calculations to disclose.
Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 50 days after the date of publication of the preliminary determination, 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.
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.
The Department intends to issue the final results of this administrative review, which will include the results of our analysis of all issues raised in the case briefs, within 120 days of publication of these preliminary results in the
Upon issuance of the final results, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.
For any individually examined respondent whose weighted average dumping margin is above
The following cash deposit requirements will be effective upon publication of the final results of this review for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date, as provided by sections 751(a)(2)(C) of the Act: (1) For the companies listed above that have a separate rate, the cash deposit rate will be that established in the final results of this review (except, if the rate is zero or
This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during the POR. Failure to comply with this requirement could result in the Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.
This preliminary determination is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing the countervailing duty order on certain biaxial integral geogrid products (geogrids) from the People's Republic of China (PRC).
Effective March 3, 2017.
Ryan Mullen at (202) 482-5260, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
In accordance with section 705(d) of the Tariff Act of 1930, as amended (the Act), on January 11, 2017, the Department published its affirmative final determination that countervailable subsidies are being provided to producers and exporters of geogrids from the PRC.
The scope of this order covers geogrids from the PRC. For a complete description of the scope,
On February 24, 2017, in accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of imports of geogrids from the PRC, and that critical circumstances do not exist with respect to imports of subject merchandise that are subject to the Department's affirmative critical circumstances finding.
Therefore, in accordance with section 706(a) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, countervailing duties for all relevant entries of geogrids from the PRC. Countervailing duties will be assessed on unliquidated entries of geogrids from the PRC entered, or withdrawn from warehouse, for consumption on or after June 24, 2016, the date of publication of the
In accordance with section 706 of the Act, the Department will instruct CBP to reinstitute the suspension of liquidation of geogrids from the PRC. We will also instruct CBP to require, pursuant to section 706(a)(1) of the Act, countervailing duties for each entry of the subject merchandise in an amount based on the net countervailable subsidy rates for the subject merchandise. These instructions suspending liquidation will remain in effect until further notice. The all-others rate applies to all producers and exporters of subject merchandise.
Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months. In the underlying investigation, the Department published the
Therefore, in accordance with section 733(d) of the Act and our practice, we instructed CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of geogrids from the PRC entered, or withdrawn from warehouse, for consumption after October 22, 2016, the date the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determination in the
With regard to the ITC's negative critical circumstances determination on imports of geogrids from the PRC, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated countervailing duties with respect to geogrids from the PRC entered, or withdrawn from warehouse, for consumption on or after March 26, 2016 (
This notice constitutes the countervailing duty order with respect to geogrids from the PRC pursuant to section 706(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at
This order is issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b).
The products covered by the scope are certain biaxial integral geogrid products. Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products covered have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. The scope includes products in which four-sided figures predominate whether or not they also contain additional strands intersecting the four-sided figures and whether or not the inside corners of the four-sided figures are rounded off or not sharp angles. As used herein, the term “integral” refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter (kN/m) according to American Society for Testing and Materials (ASTM) Standard Test Method D6637/D6637M in any direction and average overall flexural stiffness of more than 100,000 milligram-centimeter according to the ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards.
Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, punching holes, stretching, attaching to woven or non-woven fabric or sheet material, or any other finishing, packaging, or other further processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the biaxial integral geogrid.
The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under the following subheading: 3926.90.9995. Subject merchandise may also enter under subheadings 3920.20.0050 and 3925.90.0000. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
In accordance with section 751(c) of the Tariff Act of 1930, as amended (“the Act”), the Department of Commerce (“the Department”) is automatically initiating the five-year reviews (“Sunset Reviews”) of the antidumping and countervailing duty (“AD/CVD”) order(s) listed below. The International Trade Commission (“the Commission”) is publishing concurrently with this notice its notice of
The Department official identified in the
The Department's procedures for the conduct of Sunset Reviews are set forth in its
In accordance with 19 CFR 351.218(c), we are initiating Sunset Reviews of the following antidumping and countervailing duty order(s):
As a courtesy, we are making information related to sunset proceedings, including copies of the pertinent statute and Department's regulations, the Department's schedule for Sunset Reviews, a listing of past revocations and continuations, and current service lists, available to the public on the Department's Web site at the following address: “
This notice serves as a reminder that any party submitting factual information in an AD/CVD proceeding must certify to the accuracy and completeness of that information.
On April 10, 2013, the Department modified two regulations related to AD/CVD proceedings: The definition of factual information (19 CFR 351.102(b)(21)), and the time limits for the submission of factual information (19 CFR 351.301).
Pursuant to 19 CFR 351.103(d), the Department will maintain and make available a public service list for these proceedings. Parties wishing to participate in any of these five-year reviews must file letters of appearance as discussed at 19 CFR 351.103(d). To facilitate the timely preparation of the public service list, it is requested that those seeking recognition as interested parties to a proceeding submit an entry of appearance within 10 days of the publication of the Notice of Initiation.
Because deadlines in Sunset Reviews can be very short, we urge interested parties who want access to proprietary information under administrative protective order (“APO”) to file an APO application immediately following publication in the
Domestic interested parties, as defined in section 771(9)(C), (D), (E), (F), and (G) of the Act and 19 CFR 351.102(b), wishing to participate in a Sunset Review must respond not later than 15 days after the date of publication in the
If we receive an order-specific notice of intent to participate from a domestic interested party, the Department's regulations provide that
This notice of initiation is being published in accordance with section 751(c) of the Act and 19 CFR 351.218(c).
Enforcement and Compliance, International Trade Administration, Department of Commerce.
Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing the antidumping duty order on certain biaxial integral geogrid products (geogrids) from the People's Republic of China (PRC).
Effective March 3, 2017.
Julia Hancock at (202) 482-1394, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.
In accordance with sections 735(d) and 777(i)(1) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 11, 2017, the Department published its affirmative final determination in the less-than-fair-value (LTFV) investigation of geogrids from the PRC.
The scope of this order covers geogrids from the PRC. For a complete description of the scope,
On February 24, 2017, in accordance with section 735(d) of the Act, the ITC notified the Department of its final determination in this investigation, in which it found that an industry in the United States is materially injured by reason of imports of geogrids from the PRC, and that critical circumstances do not exist with respect to imports of subject merchandise that are subject to the Department's affirmative critical circumstances finding.
Therefore, in accordance with section 736(a)(1) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to assess, upon further instruction by the Department, antidumping duties equal to the amount by which the normal value of the merchandise exceeds the export price (or constructed export price) of the merchandise, for all relevant entries of geogrids from the PRC. Antidumping duties will be assessed on unliquidated entries of geogrids entered, or withdrawn from warehouse, for consumption on or after August 22, 2016, the date of publication of the
In accordance with section 735(c)(1)(B) of the Act, we will instruct CBP to reinstitute the suspension of liquidation of geogrids from the PRC. We will also instruct CBP to require cash deposits equal to the estimated amount by which the normal value exceeds the U.S. price as indicated in the chart below, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through.
Accordingly, effective on the date of publication of the ITC's final affirmative determinations, CBP will require, at the same time as importers would normally deposit estimated duties on this subject merchandise, a cash deposit equal to the estimated weighted-average dumping margins, adjusted where appropriate for export subsidies and estimated domestic subsidy pass-through.
Section 733(d) of the Act states that instructions issued pursuant to an affirmative preliminary determination may not remain in effect for more than four months, except where exporters representing a significant proportion of exports of the subject merchandise request the Department to extend that four-month period to no more than six months. At the request of an exporter that accounted for a significant proportion of exports of geogrids from the PRC, we extended the four-month period to no more than six-months.
Therefore, in accordance with section 733(d) of the Act and our practice, we will instruct CBP to terminate the suspension of liquidation and to liquidate, without regard to antidumping duties, unliquidated entries of geogrids from the PRC entered, or withdrawn from warehouse, for consumption after February 22, 2017, the date the provisional measures expired, until and through the day preceding the date of publication of the ITC's final injury determination in the
With regard to the ITC's negative critical circumstances determination on imports of geogrids from the PRC, we will instruct CBP to lift suspension and to refund any cash deposits made to secure the payment of estimated antidumping duties with respect to geogrids from the PRC entered, or withdrawn from warehouse, for consumption on or after May 24, 2016 (
However, for the one respondent, BOSTD, where we found critical circumstances at the
This notice constitutes the antidumping duty order with respect to geogrids from the PRC pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at
This order is issued and published in accordance with section 736(a) of the Act and 19 CFR 351.211(b).
The products covered by the scope are certain biaxial integral geogrid products. Biaxial integral geogrid products are a polymer grid or mesh material (whether or not finished, slit, cut-to-length, attached to woven or non-woven fabric or sheet material, or packaged) in which four-sided openings in the form of squares, rectangles, rhomboids, diamonds, or other four-sided figures predominate. The products covered have integral strands that have been stretched to induce molecular orientation into the material (as evidenced by the strands being thinner in width toward the middle between the junctions than at the junctions themselves) constituting the sides of the openings and integral junctions where the strands intersect. The scope includes products in which four-sided figures predominate whether or not they also contain additional strands intersecting the four-sided figures and whether or not the inside corners of the four-sided figures are rounded off or not sharp angles. As used herein, the term “integral” refers to strands and junctions that are homogenous with each other. The products covered have a tensile strength of greater than 5 kilonewtons per meter (“kN/m”) according to American Society for Testing and Materials (“ASTM”) Standard Test Method D6637/D6637M in any direction and average overall flexural stiffness of more than 100,000 milligram-centimeter according to the ASTM D7748/D7748M Standard Test Method for Flexural Rigidity of Geogrids, Geotextiles and Related Products, or other equivalent test method standards.
Subject merchandise includes material matching the above description that has been finished, packaged, or otherwise further processed in a third country, including by trimming, slitting, coating, cutting, punching holes, stretching, attaching to woven or non-woven fabric or sheet material, or any other finishing, packaging, or other further processing that would not otherwise remove the merchandise from the scope of the investigations if performed in the country of manufacture of the biaxial integral geogrid.
The products subject to the scope are currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under the following subheading: 3926.90.9995. Subject merchandise may also enter under subheadings 3920.20.0050 and 3925.90.0000. The HTSUS subheadings set forth above are provided for convenience and U.S. Customs purposes only. The written description of the scope is dispositive.
Enforcement and Compliance, International Trade Administration, Department of Commerce.
The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on stainless steel bar (SSB) from Spain. The period of review (POR) is March 1, 2015, through February 29, 2016. The review covers one producer/exporter of the subject merchandise, Gerdau Aceros Especiales Europa, S.L. (Gerdau). The Department preliminarily finds that subject merchandise has been sold in the United States at prices below normal value (NV) during the POR.
Effective March 3, 2017.
Ryan Mullen, 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.
The product covered by this investigation is SSB from Spain. For a full description of the scope of the order,
The Department is conducting this review in accordance with section 751(a)(1)(B) of the Tariff Act of 1930, as amended (the Act). For a full description of the methodology underlying our conclusions,
Because mandatory respondent Gerdau has failed to provide requested information, we preliminarily determine to apply adverse facts available (AFA) to this respondent, in accordance with sections 776(a) and (b) of the Act and 19 CFR 351.308. For further discussion,
We preliminary determine that, for the period of March 1, 2015, through February 29, 2016, the following weighted-average dumping margin exists:
Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of the date of publication of the notice of preliminary determination in the
Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing 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, 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.
All documents must be filed electronically using ACCESS. An electronically-filed request must be received successfully in its entirety by ACCESS by 5:00 p.m. Eastern Standard Time.
Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, antidumping duties on all appropriate entries covered by this review. If Gerdau's weight-average dumping margin is not zero or
In accordance with the Department's “automatic assessment” practice, for entries of subject merchandise during the POR produced by Gerdau for which it did not know that the merchandise was destined for the United States, we will instruct CBP to liquidate those entries at the all-others rate if there is no rate for the intermediate company(ies) involved in the transaction.
We intend to issue instructions to CBP 15 days after the publication date of the final results of this review.
The following cash deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of the final results of this administrative review, as provided by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for Gerdau will be the rate established in the final results of this administrative review; (2) for merchandise exported by producers or exporters not covered in this administrative review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the producer is, the cash deposit rate will be the rate established for the most recently completed segment of this proceeding for the producer of the subject merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 25.77 percent, the all-others rate established in the investigation.
This notice serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this POR. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and increase the subsequent assessment of the antidumping duties by the amount of the antidumping duties reimburses.
The preliminary results of review are issued and published in accordance with sections 751(a)(1) and 777(i) of the Act.
The merchandise subject to the order is SSB. The term SSB with respect to the order means articles of stainless steel in straight lengths that have been either hot-rolled, forged, turned, cold-drawn, cold-rolled or otherwise cold-finished, or ground, having a uniform solid cross section along their whole length in the shape of circles, segments of circles, ovals, rectangles (including squares), triangles, hexagons, octagons or other convex polygons. SSB includes cold-finished SSBs that are turned or ground in straight lengths, whether produced from hot-rolled bar or from straightened and cut rod or wire, and reinforcing bars that have indentations, ribs, grooves, or other deformations produced during the rolling process. Except as specified above, the term does not include stainless steel semi-finished products, cut-length flat-rolled products (
The SSB subject to the order is currently classifiable under subheadings 7222.10.00, 7222.11.00, 7222.19.00, 7222.20.00, 7222.30.00 of the Harmonized Tariff Schedule of the United States (HTSUS).
Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the scope of the order is dispositive.
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of a public meeting.
The Pacific Fishery Management Council (Pacific Council) will convene a pre-assessment workshop to review proposed data and modeling approaches for
The pre-assessment workshop will be held on Tuesday, March 21, 2017 from 1 p.m. until 5:30 p.m., or when business for the day has been completed. The workshop will reconvene on Wednesday, March 22, 2017 beginning at 8:30 a.m. and end on Thursday, March 23, 2017 at 5:30 p.m.
The pre-assessment workshop will be held in the large conference room at the Pacific Fishery Management Council office, 7700 NE Ambassador Place, Suite 101, Portland, OR 97220; telephone: 503-820-2280. Public listening stations will be available at the Pacific Council office, as well as the following locations:
National Marine Fisheries Service, Southwest Fisheries Science Center, Room 188, 110 McAllister Way, Santa Cruz, CA 95060; telephone: 831-420-3947.
Oregon Department of Fish and Wildlife, Main Conference Room, 2040 SE Marine Science Drive, Newport, OR 97365; telephone: 541-867-4741.
To attend the Webinar, visit:
Ms. Stacey Miller, NMFS Northwest Fisheries Science Center; telephone: 541-867-0535; or Mr. John DeVore, Staff Officer, Pacific Council; telephone: 503-820-2280.
The purpose of the pre-assessment workshop is to review proposed data inputs, modeling approaches, and any other pertinent information for new benchmark stock assessments for
Although nonemergency issues not contained in the workshop agenda may be discussed, those issues may not be the subject of formal action during this workshop. Action will be restricted to those issues specifically listed in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent of the workshop participants to take final action to address the emergency.
Visitors who are foreign nationals (defined as a person who is not a citizen or national of the United States) will require additional security clearance to access the NMFS Southwest Fisheries Science center facility. Foreign national visitors should contact Ms. Stacey Miller, at 541-867-0535 at least two weeks prior to the meeting date to initiate the security clearance process.
PC-based attendees: Windows® 7, Vista, or XP operating system required.
The workshop is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Kris Kleinschmidt, at 503-820-2280, (see
16 U.S.C. 1801
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of SEDAR Data Best Practices Standing Panel Webinar.
The SEDAR Data Best Practices Panel will develop, review, and evaluate best practice recommendations for SEDAR Data Workshops.
The SEDAR Data Best Practices Standing Panel Webinar will be held on Wednesday, March 22, 2017, from 1 p.m. to 2:30 p.m., to view the agenda see
Julia Byrd, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843) 571-4366; email:
The Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils, in conjunction with NOAA Fisheries and the Atlantic and Gulf States Marine Fisheries Commissions, have implemented the Southeast Data, Assessment and Review (SEDAR) process, a multi-step method for determining the status of fish stocks in the Southeast Region. SEDAR is a three-step process including: (1) Data Workshop; (2) Assessment Process utilizing Webinars; and (3) Review Workshop. The product of the Data Workshop is a data report which compiles and evaluates potential datasets and recommends which datasets are appropriate for assessment analyses. The product of the Assessment Process is a stock assessment report which describes the fisheries, evaluates the status of the stock, estimates biological benchmarks, projects future population conditions, and recommends research and monitoring needs. The assessment is independently peer reviewed at the Review Workshop. The product of the Review Workshop is a Summary documenting panel opinions regarding the strengths and weaknesses of the stock assessment and input data. Participants for SEDAR Workshops are appointed by the Gulf of Mexico, South Atlantic, and Caribbean Fishery Management Councils and NOAA Fisheries Southeast Regional Office, Highly Migratory Species Management Division, and Southeast Fisheries Science Center. Participants include: Data collectors and database managers; stock assessment scientists, biologists, and researchers; constituency representatives including fishermen, environmentalists, and non-governmental organizations (NGOs); international experts; and staff of Councils, Commissions, and state and federal agencies.
The SEDAR Data Best Practices Standing Panel is charged with developing, reviewing, and evaluating best practice recommendations for SEDAR Data Workshops. The items of discussion for this Webinar are as follows:
Although non-emergency issues not contained in this agenda may come before this group for discussion, those issues may not be the subject of formal action during this meeting. Action will be restricted to those issues specifically identified in this notice and any issues arising after publication of this notice that require emergency action under section 305(c) of the Magnuson-Stevens Fishery Conservation and Management Act, provided the public has been notified of the intent to take final action to address the emergency.
This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see
The times and sequence specified in this agenda are subject to change.
16 U.S.C. 1801
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
Notice of public workshops.
Free Atlantic Shark Identification Workshops and Protected Species Safe Handling, Release, and Identification Workshops will be held in April, May, and June of 2017. Certain fishermen and shark dealers are required to attend a workshop to meet regulatory requirements and to maintain valid permits. Specifically, the Atlantic Shark Identification Workshop is mandatory for all federally permitted Atlantic shark dealers. The Protected Species Safe Handling, Release, and Identification Workshop is mandatory for vessel owners and operators who use bottom longline, pelagic longline, or gillnet gear, and who have also been issued shark or swordfish limited access permits. Additional free workshops will
The Atlantic Shark Identification Workshops will be held on April 6, May 11, and June 15, 2017.
The Protected Species Safe Handling, Release, and Identification Workshops will be held on April 7, April 18, May 16, May 19, June 15, and June 21, 2017.
See
The Atlantic Shark Identification Workshops will be held in Wilmington, NC; Mobile, AL; and Manahawkin, NJ.
The Protected Species Safe Handling, Release, and Identification Workshops will be held in Manahawkin, NJ; Kitty Hawk, NC; Palm Coast, FL; Gulfport, MS; Revere, MA; and Ocean City, MD.
See
Rick Pearson by phone: (727) 824-5399, or by fax: (727) 824-5398.
The workshop schedules, registration information, and a list of frequently asked questions regarding these workshops are posted on the Internet at:
Since January 1, 2008, Atlantic shark dealers have been prohibited from receiving, purchasing, trading, or bartering for Atlantic sharks unless a valid Atlantic Shark Identification Workshop certificate is on the premises of each business listed under the shark dealer permit that first receives Atlantic sharks (71 FR 58057; October 2, 2006). Dealers who attend and successfully complete a workshop are issued a certificate for each place of business that is permitted to receive sharks. These certificate(s) are valid for 3 years. Approximately 130 free Atlantic Shark Identification Workshops have been conducted since January 2007.
Currently, permitted dealers may send a proxy to an Atlantic Shark Identification Workshop. However, if a dealer opts to send a proxy, the dealer must designate a proxy for each place of business covered by the dealer's permit which first receives Atlantic sharks. Only one certificate will be issued to each proxy. A proxy must be a person who is currently employed by a place of business covered by the dealer's permit; is a primary participant in the identification, weighing, and/or first receipt of fish as they are offloaded from a vessel; and who fills out dealer reports. Atlantic shark dealers are prohibited from renewing a Federal shark dealer permit unless a valid Atlantic Shark Identification Workshop certificate for each business location that first receives Atlantic sharks has been submitted with the permit renewal application. Additionally, trucks or other conveyances that are extensions of a dealer's place of business must possess a copy of a valid dealer or proxy Atlantic Shark Identification Workshop certificate.
1. April 6, 2017, 12 p.m.-4 p.m., Hampton Inn, 1989 Eastwood Road, Wilmington, NC 28403.
2. May 11, 2017, 12 p.m.-4 p.m., Hampton Inn, 62 South Royal Street, Mobile, AL 36602.
3. June 15, 2017, 12 p.m.-4 p.m., Holiday Inn, 151 Route 72 West, Manahawkin, NJ 08050.
To register for a scheduled Atlantic Shark Identification Workshop, please contact Eric Sander at
To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items to the workshop:
• Atlantic shark dealer permit holders must bring proof that the attendee is an owner or agent of the business (such as articles of incorporation), a copy of the applicable permit, and proof of identification.
• Atlantic shark dealer proxies must bring documentation from the permitted dealer acknowledging that the proxy is attending the workshop on behalf of the permitted Atlantic shark dealer for a specific business location, a copy of the appropriate valid permit, and proof of identification.
The Atlantic Shark Identification Workshops are designed to reduce the number of unknown and improperly identified sharks reported in the dealer reporting form and increase the accuracy of species-specific dealer-reported information. Reducing the number of unknown and improperly identified sharks will improve quota monitoring and the data used in stock assessments. These workshops will train shark dealer permit holders or their proxies to properly identify Atlantic shark carcasses.
Since January 1, 2007, shark limited-access and swordfish limited-access permit holders who fish with longline or gillnet gear have been required to submit a copy of their Protected Species Safe Handling, Release, and Identification Workshop certificate in order to renew either permit (71 FR 58057; October 2, 2006). These certificate(s) are valid for 3 years. As such, vessel owners who have not already attended a workshop and received a NMFS certificate, or vessel owners whose certificate(s) will expire prior to the next permit renewal, must attend a workshop to fish with, or renew, their swordfish and shark limited-access permits. Additionally, new shark and swordfish limited-access permit applicants who intend to fish with longline or gillnet gear must attend a Protected Species Safe Handling, Release, and Identification Workshop and submit a copy of their workshop certificate before either of the permits will be issued. Approximately 250 free Protected Species Safe Handling, Release, and Identification Workshops have been conducted since 2006.
In addition to certifying vessel owners, at least one operator on board vessels issued a limited-access swordfish or shark permit that uses longline or gillnet gear is required to attend a Protected Species Safe Handling, Release, and Identification Workshop and receive a certificate. Vessels that have been issued a limited-access swordfish or shark permit and that use longline or gillnet gear may not fish unless both the vessel owner and operator have valid workshop certificates onboard at all times. Vessel operators who have not already attended a workshop and received a NMFS certificate, or vessel operators whose certificate(s) will expire prior to their next fishing trip, must attend a workshop to operate a vessel with swordfish and shark limited-access permits that uses longline or gillnet gear.
1. April 7, 2017, 9 a.m.-5 p.m., Holiday Inn, 151 Route 72 West, Manahawkin, NJ 08050.
2. April 18, 2017, 9 a.m.-5 p.m., Hilton Garden Inn, 5353 North Virginia Dare Trail, Kitty Hawk, NC 27949.
3. May 16, 2017, 9 a.m.-5 p.m., Hilton Garden Inn, 55 Town Center Boulevard, Palm Coast, FL 32164.
4. May 19, 2017, 9 a.m.-5 p.m., Holiday Inn, 9515 Highway 49, Gulfport, MS 39503.
5. June 15, 2017, 9 a.m.-5 p.m., 230 Lee Burbank Highway, Revere, MA 02151.
6. June 21, 2017, 9 a.m.-5 p.m., Holiday Inn, 6600 Coastal Highway, Ocean City, MD 21842.
To register for a scheduled Protected Species Safe Handling, Release, and Identification Workshop, please contact Angler Conservation Education at (386) 682-0158.
To ensure that workshop certificates are linked to the correct permits, participants will need to bring the following specific items with them to the workshop:
• Individual vessel owners must bring a copy of the appropriate swordfish and/or shark permit(s), a copy of the vessel registration or documentation, and proof of identification.
• Representatives of a business-owned or co-owned vessel must bring proof that the individual is an agent of the business (such as articles of incorporation), a copy of the applicable swordfish and/or shark permit(s), and proof of identification.
• Vessel operators must bring proof of identification.
The Protected Species Safe Handling, Release, and Identification Workshops are designed to teach longline and gillnet fishermen the required techniques for the safe handling and release of entangled and/or hooked protected species, such as sea turtles, marine mammals, and smalltooth sawfish. In an effort to improve reporting, the proper identification of protected species will also be taught at these workshops. Additionally, individuals attending these workshops will gain a better understanding of the requirements for participating in these fisheries. The overall goal of these workshops is to provide participants with the skills needed to reduce the mortality of protected species, which may prevent additional regulations on these fisheries in the future.
16 U.S.C. 1801
Committee for Purchase From People Who Are Blind or Severely Disabled.
Additions to the Procurement List.
This action adds services to the Procurement List that will be provided by nonprofit agencies employing persons who are blind or have other severe disabilities.
4/2/2017.
Committee for Purchase From People Who Are Blind or Severely Disabled, 1401 S. Clark Street, Suite 715, Arlington, Virginia, 22202-4149.
Amy B. Jensen, Telephone: (703) 603-7740, Fax: (703) 603-0655, or email
On 12/23/2016 (81 FR 94340) and 1/13/2017 (82 FR 4315-4316), the Committee for Purchase From People Who Are Blind or Severely Disabled published notices of proposed additions to the Procurement List.
After consideration of the material presented to it concerning capability of qualified nonprofit agencies to provide the services and impact of the additions on the current or most recent contractors, the Committee has determined that the services listed below are suitable for procurement by the Federal Government under 41 U.S.C. 8501-8506 and 41 CFR 51-2.4.
I certify that the following action will not have a significant impact on a substantial number of small entities. The major factors considered for this certification were:
1. The action will not result in any additional reporting, recordkeeping or other compliance requirements for small entities other than the small organizations that will provide the services to the Government.
2. The action will result in authorizing small entities to provide the services to the Government.
3. There are no known regulatory alternatives which would accomplish the objectives of the Javits-Wagner-O'Day Act (41 U.S.C. 8501-8506) in connection with the services proposed for addition to the Procurement List.
Accordingly, the following services are added to the Procurement List:
Thursday, March 9, 2017; 10:00 a.m.-11:30 a.m.
Hearing Room 420, Bethesda Towers, 4330 East-West Highway, Bethesda, Maryland.
Closed to the Public.
Compliance Matters: The Commission staff will brief the Commission on the status of various compliance matters.
Todd A. Stevenson, Office of the Secretary, U.S. Consumer Product Safety Commission, 4330 East West Highway, Bethesda, MD 20814, (301) 504-7923.
Court Services and Offender Supervision Agency for the District of Columbia (CSOSA).
Notice of generic information collection—emergency extension without change.
In accordance with the Paperwork Reduction Act (PRA), CSOSA announces that it submitted to the Office of Management and Budget (OMB) a request for a 6 (six) month extension of the generic information collection request, to be effective after the current February 28, 2017 expiration date. OMB approved the emergency extension on February 24, 2017.
Rochelle Durant, Program Analyst, Office of General Counsel, Court Services and Offender Supervision Agency, 633 Indiana Avenue NW., Room 1253, Washington, DC 20004, Phone: (202) 220-5304 or to:
Department of the Army, U.S. Army Corps of Engineers, DoD.
Notice of Availability; request for comments.
The United States Army Corps of Engineers (USACE) San Francisco District announces the availability of a Draft Detailed Project Report with Integrated Environmental Assessment (DPR/EA) and draft Finding of No Significant Impact (FONSI) for review and comment for the proposed Pier 70 Central Basin Continuing Authorities Program (CAP) Section 107 Navigation Improvement Project in San Francisco, California. Pursuant to 33 CFR 230.11(b) U.S. Army Corps of Engineers—Procedures for Implementing [the National Environmental Policy Act] NEPA, notice of the availability of this DPR/EA and draft FONSI for review and comment is being provided to agencies, organizations, and the interested public.
Comments on the Draft DPR/EA and draft FONSI may be submitted starting March 6, 2017 through March 21, 2017. If comments are provided by mail, they must be received at the address below no later than March 21, 2017.
The Draft DPR/EA can be viewed online starting March 6, 2017 at:
Comments may be submitted on the Draft DPR/EA using any of the following methods:
•
•
Comment letters should include the commenter's physical mailing address and the project title in the subject line.
Roxanne Grillo, U.S. Army Corps of Engineers, San Francisco District, 1455 Market Street, San Francisco, CA 94103-1398. Telephone: (415) 503-6859. Email:
1.
The USACE proposes to dredge the Central Basin to an increased depth and place the dredged material at a permitted site. The purpose of the Proposed Action is to reduce the negative impacts of shoaling in the Central Basin to allow vessels to safely and efficiently access the Pier 70 Shipyard without the use of high tide. The Proposed Action is necessary to reduce transportation costs and user delays for use of the repair and service facilities at the Pier 70 Shipyard, increase access to the specialized repair and service facilities at the Pier 70 Shipyard, and improve safety for vessels
Pursuant to NEPA, USACE has prepared a Draft DPR/EA analyzing the potential environmental impacts of planning, designing, constructing, and maintaining a commercial navigation project at the Central Basin. The primary action areas for this analysis include the proposed Central Basin approach area dredge footprint, the dredged material placement site (the San Francisco Deep Ocean Disposal Site as well as the alternative placement sites evaluated), and waterways used for vessel transit between the dredge and placement sites. The Port of San Francisco is the Non-Federal Sponsor (NFS).
2.
The recommended plan (Proposed Action, Agency-Preferred Alternative) is the National Economic Development Plan (Alternative 6) to dredge the Central Basin to 32 feet MLLW plus two feet of overdepth and place all of the material at the San Francisco Deep Ocean Disposal Site. Approximately 237,700 cubic yards of material (including the two feet of overdepth) would be dredged.
Denali Commission.
Notice of intent.
The Denali Commission, in cooperation with the U.S. Army Corps of Engineers (USACE), announces its intention to prepare an Environmental Impact Statement (EIS) to study the feasibility of relocating the threatened Newtok Village from its current location to Mertarvik, a site roughly nine miles away on Nelson Island, which is across the Ninglik River from mainland Alaska. The EIS will address the potential for positive and negative environmental impacts associated with constructing all required infrastructure at the new village townsite of Mertarvik. The Denali Commission, along with the USACE, will hold a scoping meeting in Newtok Village, Alaska, in an effort to better define the issues associated with permanently relocating village residents. While the official scoping period concludes 30 days following the publication of this NOI, public input will continue to be solicited throughout the study process.
A scoping meeting will be held in Newtok Village, AK at 6:00 p.m. on Wednesday March 22 in the school gymnasium. (Schedule updates will be posted to the “Events” section of the Denali Commission Web page found at
Please direct comments or suggestions on the scope of the EIS to: Mr. Christopher Floyd, NEPA Coordinator, U.S. Army Corps of Engineers, Alaska District, CEPOA-PM-C-ER, P.O. Box 6898, Joint Base Elmendorf-Richardson, AK 99506-0898; Phone: 907-753-2700; email
For information or questions concerning the proposed project, please contact: CAPT Donald Antrobus, Environmentally Threatened Communities Program Manager, Denali Commission, 510 L Street, Suite 410, Anchorage, AK 99501; 907-271-3500;
The village of Newtok (population 354, 2010 census) is on the west coast of Alaska in the broad, low-lying delta between the Yukon and Kuskokwim Rivers. The village is located on low marshy terrain on the banks of a tidally influenced slough of the Ninglik River. The Ninglik River is eroding toward the village of Newtok at an average rate of 72 feet per year. The maximum yearly observed rate of erosion is 300 feet per year. Based upon an average annual riverbank loss resulting from fall storms, the village has approximately four years before critical village infrastructure will be threatened and/or destroyed.
Changes in river channels surrounding the village of Newtok have also increased the frequency and severity of flooding in the village. Lower lying areas of the village flood almost every year. Flooding events in 2005 and 2006 flooded the village water supply, causing raw sewage to be spread throughout the village, displacing residents from homes, destroying subsistence food storage and other facilities, and shutting down essential utilities.
The closest high ground to the village of Newtok that avoids damages from both flooding and erosion is the Mertarvik site on Nelson Island, a 10,943-acre site transferred to the Newtok Native Corporation, from the U.S. Fish & Wildlife Service, in November 2003 by Public Law 108-129, and designated as “Proposed Village Site” on a map titled “Proposed Newtok Exchange,” dated September 2002.
Additional information related to past efforts to address erosion and relocate the village can be found at:
The purpose and need for this study is to identify a practicable and environmentally responsible solution to protect the village of Newtok from both flooding and erosion damages and loss of life.
This EIS will assess the potential environmental impacts of reconstructing all required village infrastructure at the new village site of Mertarvik on Nelson Island. This action is needed without delay to avoid the potential loss of life and/or the indefinite dislocation of Newtok Village residents associated with the relentless migration of the Ninglik River.
Consistent with National Environmental Policy Act (NEPA) implementation requirements, this EIS will assess the full range of reasonable and practicable alternatives regarding
The Denali Commission intends to address the following environmental issues when assessing the potential environmental impacts of the alternatives in this EIS. Additional issues may be identified as a result of the scoping process. The Denali Commission invites comment from Federal agencies; state, local, and tribal governments; and the general public on these and any other issues that should be considered in the EIS:
• Potential impacts on health from the village of Newtok remaining in its current location.
• Potential impacts on health, both positive and negative, as a result of relocation.
• Potential impacts to workers during the construction of the facilities.
• Potential impacts to surface water, tidelands, flora and fauna including turbidity from construction activities.
• Potential impacts on air quality from emissions and from noise during construction and operations.
• Potential cumulative impacts of the past, present, and reasonably foreseeable future actions.
• Potential impacts to historically significant properties, if present, and on access to traditional use areas.
• Potential impacts on local, regional, or national resources from materials and utilities required for construction.
• Potential impacts on ecological resources, including threatened and endangered species and water quality.
• Potential impacts on local employment, income, population, housing, and public services from harbor construction and operations.
The EIS for the proposed project will be prepared pursuant to the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321
The Draft EIS is scheduled to be published no sooner than 1 July 2017. A 45-day comment period on the Draft EIS is planned, which will include public meeting(s) to receive comments. Availability of the Draft EIS, the dates of the public comment period, and information about public meeting(s) will be announced in the
The Final EIS for the Mertarvik Infrastructure Development Project is scheduled to be available no sooner than 30 September 2017. A Record of Decision would be issued no sooner than 30 days after the U.S. Environmental Protection Agency's notice of availability of the Final EIS is published in the
National Center for Education Statistics (NCES), Department of Education (ED).
Notice.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501
Interested persons are invited to submit comments on or before April 3, 2017.
To access and review all the documents related to the information collection listed in this notice, please use
For specific questions related to collection activities, please contact NCES Information Collections at
The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general
Department of Education (ED), Institute of Education Sciences (IES)
Notice
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501
Interested persons are invited to submit comments on or before May 2, 2017.
To access and review all the documents related to the information collection listed in this notice, please use
For specific questions related to collection activities, please contact Elizabeth Warner, 202-245-7744.
The Department of Education (ED), in accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3506(c)(2)(A)), provides the general public and Federal agencies with an opportunity to comment on proposed, revised, and continuing collections of information. This helps the Department assess the impact of its information collection requirements and minimize the public's reporting burden. It also helps the public understand the Department's information collection requirements and provide the requested data in the desired format. ED is soliciting comments on the proposed information collection request (ICR) that is described below. The Department of Education is especially interested in public comment addressing the following issues: (1) Is this collection necessary to the proper functions of the Department; (2) will this information be processed and used in a timely manner; (3) is the estimate of burden accurate; (4) how might the Department enhance the quality, utility, and clarity of the information to be collected; and (5) how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Please note that written comments received in response to this notice will be considered public records.
Farm Credit System Insurance Corporation Board; Regular Meeting
Notice is hereby given of the regular meeting of the Farm Credit System Insurance Corporation Board (Board).
The meeting of the Board will be held at the offices of the Farm Credit Administration in McLean, Virginia, on March 9, 2017, from 2:00 p.m. until such time as the Board concludes its business.
Dale L. Aultman, Secretary to the Farm Credit System Insurance Corporation Board, (703) 883-4009, TTY (703) 883-4056.
Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102. Submit attendance requests via email to
Parts of this meeting of the Board will be open to the public (limited space available), and parts will be closed to the public. Please send an email to
• January 26, 2017 (Regular Meeting).
• FCSIC Financial Reports.
• Report on Insured and Other Obligations.
• Quarterly Report on Annual Performance Plan.
• Report on Investment Portfolio.
• Policy Statement Concerning Environmental Hazards Assessment.
• Presentation of 2016 Audit Results.
• FCSIC Report on System Performance.
• Executive Session of the FCSIC Board Audit Committee with the External Auditor.
The following consent agenda item has been deleted from the list of items scheduled for consideration at the Thursday, February 23, 2017, Open Meeting and previously listed in the Commission's Notice of February 16, 2017. The Consent Agenda has been adopted by the Commission.
The Commission will consider the following subjects listed below as a consent agenda and these items will not be presented individually:
1.
Federal Election Commission.
Tuesday, March 7, 2017 at 10:00 a.m. and its Continuation at the Conclusion of the open meeting on March 9, 2017.
999 E Street NW., Washington, DC.
This meeting will be closed to the public.
Compliance matters pursuant to 52 U.S.C. 30109.
Investigatory records compiled for law enforcement purposes and production would disclose investigative techniques.
Information the premature disclosure of which would be likely to have a considerable adverse effect on the implementation of a proposed Commission action.
Matters concerning participation in civil actions or proceedings or arbitration.
Judith Ingram, Press Officer, Telephone: (202) 694-1220.
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
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 March 27, 2017.
1.
1.
Federal Trade Commission (“FTC” or “Commission”).
Notice.
The FTC intends to ask the Office of Management and Budget (“OMB”) to extend for an additional three years the current Paperwork Reduction Act (“PRA”) clearance for the FTC's enforcement of the information collection requirements in its “Fair Credit Reporting Risk-Based Pricing Regulations” (“RBP Rule”), which applies to certain motor vehicle dealers, and its shared enforcement with the Consumer Financial Protection Bureau (“CFPB”) of the risk-based pricing provisions (subpart H) of the CFPB's Regulation V regarding other entities. That clearance expires on July 1, 2017.
Comments must be filed by May 2, 2017.
Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the
Katherine White, Attorney, Division of Privacy and Identity Protection, Bureau of Consumer Protection, (202) 326-2878, 600 Pennsylvania Ave. NW., Room CC-8232, Washington, DC 20580.
On July 21, 2010, President Obama signed into law the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”).
The FTC retains rulemaking authority for the RBP Rule solely for motor vehicle dealers described in section 1029(a) of the Dodd-Frank Act that are predominantly engaged in the sale and servicing of motor vehicles, the leasing and servicing of motor vehicles, or both.
In addition, the FTC retains its authority to enforce the risk-based pricing provisions of the FCRA and the FTC and CFPB rules issued under those provisions. Thus, the FTC and CFPB
As an analytical framework to estimate PRA burden in the “Burden Statement” below, the FTC estimates burden pertaining to respondents over which both agencies have shared enforcement authority, divides the resulting total by one-half to reflect the FTC's shared jurisdiction, and adds to the resulting subtotal the incremental estimated burden regarding the motor vehicle dealers described above over which the FTC retains exclusive enforcement (and rulemaking) authority.
Under the PRA, 44 U.S.C. 3501-3521, Federal agencies must get OMB approval for each collection of information they conduct or sponsor. “Collection of information” includes agency requests or requirements to submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3); 5 CFR 1320.3(c). The FTC is seeking clearance for its assumed share of the estimated PRA burden regarding the disclosure requirements under the FTC and CFPB Rules.
Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the disclosure requirements are necessary, including whether the information will be practically useful; (2) the accuracy of our burden estimates, including whether the methodology and assumptions used are valid; (3) ways to enhance the quality, utility, and clarity of the information to be collected; and (4) ways to minimize the burden of providing the required information to consumers. All comments should be filed as prescribed in the
Under §§ 640.3-640.4 of the FTC's RBP Rule
The FTC's currently cleared burden totals, post-adjustment for the effects of the Dodd-Frank Act, are 9,652,500 hours based on an estimated population of 160,875 entities apportioned to FTC enforcement and/or rulemaking authority.
Using the currently cleared estimates (post-adjustment for the effects of the Dodd-Frank Act) for the number of applicable motor vehicle dealers and their assumed recurring disclosure burdens, in addition to the estimated number of and burden for other entities over which the FTC shares enforcement burden with the CFPB, the FTC proposes the following updated estimates:
A.
B.
Yearly recurring burden of 60 hours per respondent
C.
Labor costs are derived by applying appropriate estimated hourly cost figures to the burden hours described above. The FTC assumes that respondents will use correspondence clerks, at a mean hourly wage of $17.47,
D.
The FTC believes that the FTC and CFPB rules impose negligible capital or other non-labor costs, as the affected entities are likely to have the necessary supplies and/or equipment already (
You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before May 2, 2017. Write “RBP Rule, PRA Comment, P145403,” on your comment. Your comment—including your name and your state—will be placed on the public record of this proceeding, including to the extent practicable, on the public Commission Web site, at
Because your comment will be made public, you are solely responsible for making sure that your comment does not include any sensitive personal information, like anyone's Social Security number, date of birth, driver's license number or other state identification number or foreign country equivalent, passport number, financial account number, or credit or debit card number. You are also solely responsible for making sure that your comment does not include any sensitive health information, like medical records or other individually identifiable health information. In addition, do not include any “[t]rade secret or any commercial or financial information which is . . . privileged or confidential” as provided in Section 6(f) of the FTC Act 15 U.S.C. 46(f), and FTC Rule 4.10(a)(2), 16CFR 4.10(a)(2). In particular, do not include competitively sensitive information such as costs, sales statistics, inventories, formulas, patterns devices, manufacturing processes, or customer names.
If you want the Commission to give your comment confidential treatment, you must file it in paper form, with a request for confidential treatment, and you have to follow the procedure
Postal mail addressed to the Commission is subject to delay due to heightened security screening. As a result, we encourage you to submit your comments online. To make sure that the Commission considers your online comment, you must file it at
If you file your comment on paper, write “RBP Rule, PRA Comment, P145403,” on your comment and on the envelope, and mail or deliver it to the following address: Federal Trade Commission, Office of the Secretary, 600 Pennsylvania Avenue NW., Suite CC-5610 (Annex J), Washington, DC 20580, or deliver your comment to the following address: Federal Trade Commission, Office of the Secretary, Constitution Center, 400 7th Street SW., 5th Floor, Suite 5610 (Annex J), Washington, DC 20024. If possible, submit your paper comment to the Commission by courier or overnight service.
The FTC Act and other laws that the Commission administers permit the collection of public comments to consider and use in this proceeding as appropriate. The Commission will consider all timely and responsive public comments that it receives on or before May 2, 2017. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see
The Centers for Disease Control and Prevention (CDC) is soliciting nominations for membership on CLIAC. CLIAC provides scientific and technical advice and guidance to the Secretary, Department of Health and Human Services (HHS); the Assistant Secretary for Health, HHS; the Director, Centers for Disease Control and Prevention (CDC); the Commissioner, Food and Drug Administration (FDA); and the Administrator, Centers for Medicare & Medicaid Services (CMS). The advice and guidance pertain to general issues related to improvement in clinical laboratory quality and laboratory medicine. In addition, the Committee provides advice and guidance on specific questions related to possible revision of the CLIA standards. Examples include providing guidance on studies designed to improve safety, effectiveness, efficiency, timeliness, equity, and patient-centeredness of laboratory services; revisions to the standards under which clinical laboratories are regulated; the impact of proposed revisions to the standards on medical and laboratory practice; and the modification of the standards and provision of non-regulatory guidelines to accommodate technological advances, such as new test methods, the electronic transmission of laboratory information, and mechanisms to improve the integration of public health and clinical laboratory practices.
CLIAC consists of 20 members including the Chair, represents a diverse membership across laboratory specialties, professional roles (laboratory management, technical specialists, physicians, nurses) and practice settings (academic, clinical, public health), and includes a consumer representative. In addition, the Committee includes three ex officio members (or designees), including the Director, CDC; the Administrator, CMS; and the Commissioner, FDA. A nonvoting representative from the Advanced Medical Technology Association (AdvaMed) serves as the industry liaison. The Designated Federal Official (DFO) or their designee and the Executive Secretary are present at all meetings to ensure meetings are within applicable statutory, regulatory and HHS General Administration manual directives.
The U.S. Department of Health and Human Services policy stipulates that Committee membership be balanced in terms of points of view represented, and the committee's function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Current participation on federal workgroups or prior experience serving on a federal advisory committee does not disqualify a candidate; however, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Committee members are Special Government Employees, requiring the filing of financial disclosure reports at the beginning and annually during their terms. CDC reviews potential candidates for CLIAC membership each year, and provides a slate of nominees for consideration to the Secretary of HHS for final selection. HHS notifies selected candidates of their appointment near the start of the term in July, or as soon as the HHS selection process is completed. Note that the need for different expertise and individuals to maintain the appropriate demographic balance varies from year to year and a candidate who is not selected in one year may be reconsidered in a subsequent year.
Candidates should submit the following items to be considered for nomination. The deadline for receipt of materials for the 2018 term is May 1, 2017:
• Current
• Letter(s) of recommendation from person(s) not employed by the U.S. Department of Health and Human Services.
The Director, Management Analysis and Services Office, has been delegated the authority to sign
In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to Funding Opportunity Announcement (FOA), PAR 16-098 Cooperative Research Agreements to the World Trade Center Health Program (U01).
The Director, Management Analysis and Services Office, has been delegated the authority to sign
The CDC is soliciting nominations for possible membership on the Mine Safety and Health Research Advisory Committee (MSHRAC), National Institute for Occupational Safety and Health (NIOSH).
The MSHRAC consists of 13 experts in fields related to mining safety and health. The members are selected by the Secretary of the U.S. Department of Health and Human Services (HHS). The committee advises the NIOSH Director on mining safety and health research and prevention programs. The committee also provides advice on standards of scientific excellence, current needs in the field of mining safety and health, and the applicability and dissemination of research findings. This advice may take the form of reports or verbal communications to the NIOSH Director during MSHRAC meetings.
Nominations are being sought for individuals who have expertise and qualifications necessary to contribute to the accomplishment of the committee's mission.
Nominees will be selected based on expertise in the field of mining safety and health, such as mining engineering, industrial hygiene, occupational safety and health engineering, chemistry, safety and health education, ergonomics, epidemiology, statistics, and psychology. Members may be invited to serve for terms of up to four years.
The U.S. Department of Health and Human Services policy stipulates that Committee membership be balanced in terms of points of view represented, and the committee's function. Appointments shall be made without discrimination on the basis of age, race, ethnicity, gender, sexual orientation, gender identity, HIV status, disability, and cultural, religious, or socioeconomic status. Nominees must be U.S. citizens, and cannot be full-time employees of the U.S. Government. Current participation on federal workgroups or prior experience serving on a federal advisory committee does not disqualify a candidate; however, HHS policy is to avoid excessive individual service on advisory committees and multiple committee memberships. Committee members are Special Government Employees, requiring the filing of financial disclosure reports at the beginning and annually during their terms. CDC reviews potential candidates for the MSHRAC membership each year, and provides a slate of nominees for consideration to the Secretary of HHS for final selection.
Candidates should submit the following items:
• Current
• A letter of recommendation stating the qualifications of the candidate.
Nomination materials must be postmarked by April 30, 2017, and sent to: Jeffrey H. Welsh, Designated Federal Officer for MSHRAC, NIOSH, CDC, 626 Cochrans Mill Road, Pittsburgh, PA 15236, telephone (412) 386-4040.
The Director, Management Analysis and Services Office, has been delegated the authority to sign
In accordance with section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), and pursuant to the requirements of 42 CFR 83.15(a), the Centers for Disease Control and Prevention (CDC), announces the following meeting of the aforementioned committee:
* Please note that the public comment period may end before the time indicated, following the last call for comments. Members of the public who wish to provide public comments should plan to attend the public comment session at the start time listed.
In December 2000, the President delegated responsibility for funding, staffing, and operating the Advisory Board to HHS, which subsequently delegated this authority to the CDC. NIOSH implements this responsibility for CDC. The charter was issued on August 3, 2001, renewed at appropriate intervals, rechartered on March 22, 2016 pursuant to Executive Order 13708, and will expire on September 30, 2017.
The agenda is subject to change as priorities dictate.
In the event an individual cannot attend, written comments may be submitted to the contact person below well in advance of the meeting. Any written comments received will be provided at the meeting in accordance with the redaction policy provided below.
Policy on Redaction of Board Meeting Transcripts (Public Comment):
(1) If a person making a comment gives his or her personal information, no attempt will be made to redact the name; however, NIOSH will redact other personally identifiable information, such as contact information, social security numbers, case numbers, etc., of the commenter.
(2) If an individual in making a statement reveals personal information (
(3) If a commenter reveals personal information concerning a living third party, that information will be reviewed by the NIOSH FOIA coordinator, and upon determination, if deemed appropriated, such information will be redacted, unless the disclosure is made by the third party's authorized representative under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) program.
(4) In general, information concerning a deceased third party may be disclosed; however, such information will be redacted if (a) the disclosure is made by an individual other than the survivor claimant, a parent, spouse, or child, or the authorized representative of the deceased third party; (b) if it is unclear whether the third party is living or deceased; or (c) the information is unrelated or irrelevant to the purpose of the disclosure. The Board will take reasonable steps to ensure that individuals making public comment are aware of the fact that their comments (including their name, if provided) will appear in a transcript of the meeting posted on a public Web site. Such reasonable steps include: (a) A statement read at the start of each public comment period stating that transcripts will be posted and names of speakers will not be redacted; (b) A printed copy of the statement mentioned in (a) above will be displayed on the table where individuals sign up to make public comments; (c) A statement such as outlined in (a) above will also appear with the agenda for a Board Meeting when it is posted on the NIOSH Web site; (d) A statement such as in (a) above will appear in the
The Director, Management Analysis and Services Office, has been delegated the authority to sign
Food and Drug Administration, HHS.
Notice; establishment of a public docket; request for comments.
The Food and Drug Administration (FDA) announces a forthcoming public advisory committee meeting of the Nonprescription Drugs Advisory Committee and the Drug Safety and Risk Management Advisory Committee. The general function of the committees is to provide advice and recommendations to the Agency on FDA's regulatory issues. The meeting will be open to the public. FDA is establishing a docket for public comment on this document.
The meeting will be held on April 4, 2017, from 8 a.m. to 5 p.m.
Tommy Douglas Conference Center, the Ballroom, 10000 New Hampshire Ave., Silver Spring, MD 20903. The conference center's telephone number is 240-645-4000. Answers to commonly asked questions including information regarding special accommodations due to a disability, visitor parking, and transportation may be accessed at:
Submit electronic comments in the following way:
•
• If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).
Submit written/paper submissions as follows:
•
• For written/paper comments submitted to the Division of Dockets Management, FDA will post your comment, as well as any attachments, except for information submitted, marked and identified, as confidential, if submitted as detailed in “Instructions.”
• Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on
Moon Hee V. Choi, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 31, rm. 2417, Silver Spring, MD 20993-0002, 301-796-9001, FAX: 301-847-8533, email:
FDA intends to make background material available to the public no later than 2 business days before the meeting. If FDA is unable to post the background material on its Web site prior to the meeting, the background material will be made publicly available at the location of the advisory committee meeting, and the background material will be posted on FDA's Web site after the meeting. Background material is available at
Persons attending FDA's advisory committee meetings are advised that the Agency is not responsible for providing access to electrical outlets.
FDA is establishing a docket for public comment on this meeting. The docket number is FDA-2017-N-0965. The docket will close on April 3, 2017. Comments received on or before March 21, 2017, will be provided to the committees. Comments received after that date will be taken into consideration by the Agency.
FDA welcomes the attendance of the public at its advisory committee meetings and will make every effort to accommodate persons with disabilities. If you require accommodations due to a disability, please contact Moon Hee V. Choi at least 7 days in advance of the meeting.
FDA is committed to the orderly conduct of its advisory committee meetings. Please visit our Web site at
Notice of this meeting is given under the Federal Advisory Committee Act (5 U.S.C. app. 2).
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Notice is hereby given of a change in the meeting of the National Cancer Institute Board of Scientific Advisors, March 21, 2017, 8:30 a.m. to March 22, 2017, 12:00 p.m., National Institutes of Health, Building 31 Center Drive, Conference Room 6, Bethesda, MD 20892 which was published in the
The meeting notice is amended to change the meeting date to March 21, 2017. The location and time remain the same. The meeting is open to the public.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), 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.
Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, March 7, 2017, 12:00 p.m. to March 7, 2017, 4:00 p.m., National Cancer Institute Shady Grove, 9609 Medical Center Drive, 7W110, Rockville, MD, 20850 which was published in the
The meeting notice is amended to change the date and time of the meeting to March 28, 2017 from 11:00 a.m. to 2:00 p.m. The meeting is closed to the public.
Notice is hereby given of a change in the meeting of the National Cancer Institute Special Emphasis Panel, March 8, 2017, 12:00 p.m. to March 8, 2017, 04:00 p.m., National Cancer Institute Shady Grove, 9609 Medical Center Drive, 7W110, Rockville, MD, 20850 which was published in the
The meeting notice is amended to change the date and time of the meeting to March 30, 2017 from 12:30 p.m. to 4:00 p.m. The meeting is closed to the public.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), notice is hereby given of the following meetings.
The meetings will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.
U.S. Customs and Border Protection, Department of Homeland Security.
30-Day notice and request for comments; Extension of an existing collection of information.
U.S. Customs and Border Protection (CBP) of the Department of Homeland Security (DHS) 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: Passenger and Crew Manifest (Advance Passenger Information System). CBP is proposing that this information collection be extended with no change to the burden hours or to the information collected. This document is published to obtain comments from the public and affected agencies.
Written comments should be received on or April 3, 2017 to be assured of consideration.
Interested persons are invited to submit written comments on this proposed information collection to the Office of Information and Regulatory Affairs, Office of Management and Budget. Comments should be addressed to the OMB Desk Officer for Customs and Border Protection, Department of Homeland Security, and sent via electronic mail to
Requests for additional information should be directed to the Paperwork Reduction Act Officer, U.S. Customs and Border Protection, Regulations and Rulings, Office of Trade, 90 K Street, NE., 10th Floor, Washington, DC 20229-1177, or via email (
This proposed information collection was previously published in the
APIS is authorized under the Aviation and Transportation Security Act, Public Law 107-71. Under this statute, air carriers operating a passenger flight in foreign air transportation to the United States must electronically transmit to CBP a passenger and crew manifest containing specific identifying data elements and any other information that DHS determines is reasonably necessary to ensure aviation safety. The specific passenger and crew identifying information required by statue consists of the following: full name; date of birth; gender; citizenship; document type; passport number; country of issuance and expiration date; and alien registration number where applicable. The APIS regulatory requirements are specified in 19 CFR 122.49a, 122.49b, 122.49c, 122.75a, 122.75b, and 122.22. These provisions list all the required APIS data.
Respondents submit their electronic manifest either through a direct interface with CBP, or using eAPIS which is a web-based system that can be accessed at
Office of the Assistant Secretary for Community Planning and Development, HUD.
Notice.
This Notice identifies unutilized, underutilized, excess, and surplus Federal property reviewed by HUD for suitability for possible use to assist the homeless.
Juanita Perry, Department of Housing and Urban Development, 451 Seventh Street SW., Room 7266, Washington, DC 20410; telephone (202) 402-3970; TTY number for the hearing- and speech-impaired (202) 708-2565 (these telephone numbers are not toll-free), call the toll-free Title V information line at 800-927-7588 or send an email to
In accordance with the December 12, 1988 court order in
U.S. Geological Survey, Interior.
Notice of meeting.
Notice is hereby given of a meeting of the National Geospatial Advisory Committee (NGAC). The NGAC, which is composed of representatives from governmental, private sector, non-profit, and academic organizations, has been established to advise the Chair of the Federal Geographic Data Committee (FGDC) on management of Federal geospatial programs, the development of the National Spatial Data Infrastructure (NSDI), and the implementation of Office of Management and Budget (OMB) Circular A-16.
The meeting will be held from 1:00 p.m. to 5:30 p.m. on March 21, 2017, and from 8:30 a.m. to 4:00 p.m. on March 22, 2017 (times are Eastern Daylight Time).
The meeting will be held at the Department of the Interior building, 1849 C Street NW., Washington, DC 20240 in the South Penthouse Conference Room.
Mr. John Mahoney, Senior Advisor to Executive the Executive Director, Federal Geospatial Data Committee (FGDC), U.S. Geological Survey; phone (206) 220-4621; email
The NGAC provides advice and recommendations related to management of Federal and national geospatial programs, the development of the National Spatial Data Infrastructure, and the implementation of Office of Management and Budget Circular A-16 and Executive Order 12906. The NGAC will review and comment upon geospatial policy and management issues and will provide a forum to convey views representative of non-federal stakeholders in the geospatial community. NGAC is one of the primary ways that the FGDC collaborates with its broad network of partners. The Agenda Topics to be addressed at the meeting include:
Meetings of the NGAC are open to the public. Additional information about the meeting is available at
Members of the public who wish to attend the meeting must register in advance for entrance. Registrations are due by March 17, 2017. While the meeting will be open to the public, registration is required for entrance to the Department of the Interior Building, and seating may be limited due to room capacity. The meeting will include an opportunity for public comment on March 22, 2017. Attendees wishing to provide public comment should register by March 17, 2017. Please register by contacting Lucia Foulkes at the FGDC; phone (703) 648-4142; email
Before including your address, phone number, email address, or other personal identifying information in your comment, please be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you may ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Bureau of Land Management, Interior.
Notice.
In compliance with the National Environmental Policy Act of 1969, as amended (NEPA), and the Federal Land Policy and Management Act of 1976, as amended, the Bureau of Land Management (BLM) Mount Lewis Field Office, Battle Mountain, Nevada, has prepared a Draft Environmental Impact Statement (EIS) for the Gold Bar Mine Project and by this notice is announcing the beginning of the public comment period to solicit public comments on the Draft EIS.
This notice initiates the public comment period for the Gold Bar Mine Project Draft EIS. Comments may be submitted in writing until April 17, 2017. The date(s) and location(s) of any comment meetings will be announced at least 15 days in advance through local media, newspapers and the BLM Web site at:
You may submit comments related to the Gold Bar Mine Project by any of the following methods:
Documents pertinent to this proposal may be examined at the Mount Lewis Field Office.
Christine Gabriel—Project Manager, telephone 775-635-4000; address 50 Bastian Road, Battle Mountain, Nevada 89820; email
McEwen Mining Inc. (McEwen) proposes to develop a gold mine in the southwest portion of the Roberts Mountains approximately 30 miles northwest of Eureka, Nevada. The Plan boundary encompasses 5,362 acres of public land and 199 acres of private land located in Eureka County, Nevada. The proposed Project consists of a mining Plan of Operations (Plan) (NVN-091037) and involves the following activities: Four open pits; waste rock dump areas; crushing, screening, and agglomeration
The proposed pit depths would not intercept groundwater. No pit dewatering would be necessary and no pit lakes are anticipated to form after mining operations end.
The purpose of this comment period is for the public to comment on the Draft EIS. The Draft EIS, through scoping, has identified and analyzed impacts to the following resources areas: Water resources; air quality; vegetation resources (including noxious weed and special status species); wildlife (including migratory birds and special status species); grazing management; land use and access; aesthetics (noise and visual); cultural resources; paleontological resources; geological resources (including minerals and soils); recreation; social and economic values; hazardous materials; Native American cultural concerns; and wild horses. The project area does not have any lands with wilderness characteristics. The Pony Express National Historic Trail (NHT) crosses existing Three Bars and North Roberts Creek Roads; however, public and recreational access to the NHT would not be affected by mining activities.
The Draft EIS describes and analyzes the proposed Project's direct, indirect, and cumulative impacts on all affected resources. In addition to the proposed Project, four alternatives were analyzed including the 25kV Overhead Distribution Line Alternative, the Three Bars Road/Atlas Haul Road as Only Access Alternative, the Mount Hope and North Roberts Creek Road for Light Vehicle Traffic Alternative, and the No Action Alternative. Development of alternatives focused on reducing impacts to Greater Sage-Grouse habitat.
On September 11, 2015, a Notice of Intent was published in the
The BLM has utilized and coordinated the NEPA scoping and comment process to help fulfill the public involvement process under the National Historic Preservation Act (NHPA) (54 U.S.C. 306108) as provided in 36 CFR 800.2(d)(3)—and the BLM continues to do so. The information about historic and cultural resources within the area potentially affected by the proposed Project has assisted the BLM in identifying and evaluating impacts to such resources in the context of both NEPA and Title 54 of the NHPA.
The BLM has consulted and continues to consult with Indian tribes on a government-to-government basis in accordance with Executive Order 13175 and other policies. Tribal concerns, including potential impacts to areas of critical cultural and spiritual significance and potential impacts to cultural resources, have been analyzed in the Draft EIS. Federal, State, and local agencies, along with tribes and other stakeholders that may be interested in or affected by the proposed Project that the BLM is evaluating, are invited to participate in the comment process.
Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
40 CFR 1503.1 and 1506.6.
Bureau of Land Management, Interior.
Notice of public meetings.
In accordance with the Federal Land Policy and Management Act (FLPMA), the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of the Interior, Bureau of Land Management (BLM) Twin Falls District Resource Advisory Council (RAC) will meet as indicated below.
The Twin Falls District RAC will meet March 15, 2017.
The meeting will be held at the BLM Shoshone Fire Ready Room, 400 West F Street, Shoshone, Idaho 83352. The meeting will begin at 9:00 a.m. and end no later than 5:30 p.m. The public comment period will take place from 10:15-10:45 a.m.
Heather Tiel-Nelson, Twin Falls District, Idaho, 2878 Addison Ave. E., Twin Falls, Idaho, 83301, (208) 736-2352. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339, to contact the above individual. The FRS is available 24 hours a day, 7 days a week, to leave a message or question with the above individual. You will receive a reply during normal business hours.
The 15-member RAC advises the Secretary of the Interior, through the Bureau of Land Management, on a variety of planning and management issues associated with public land management in Idaho. During the March 15 meeting, there will be a new member orientation, an officer election, field office manager updates and an overview of the Idaho Department of Water Resources water recharge efforts—which will include an afternoon field tour. Additional topics may be added and will be included in local media announcements.
More information is available online at
RAC meetings are open to the public.
43 CFR 1784.4-1.
Bureau of Land Management, Interior.
Notice.
In accordance with the Federal Land Policy and Management Act, the Energy Policy Act, Section 348, and the Federal Advisory Committee Act, the U.S. Department of the Interior, North Slope Science Initiative—Science Technical Advisory Panel will meet as indicated below.
The meeting will be held on March 20-21, 2017, in Fairbanks, Alaska. The meeting will begin at 9 a.m. and conclude at 4 p.m. on Monday, March 20, and will begin at 9 a.m. and conclude at Noon on Tuesday, March 21. The public will have an opportunity to comment from 3:30 p.m.-4 p.m. on Monday, March 20.
The meeting will be held at the University of Alaska Fairbanks campus in the International Arctic Research Center, Room 401, 930 North Koyukuk Drive, Fairbanks, Alaska.
Scott Guyer, Acting Deputy Director, North Slope Science Initiative, Bureau of Land Management, 222 W. Seventh Avenue, #13, Anchorage, AK 99513, 907-271-3284 or email
The Science Technical Advisory Panel provides advice and recommendations to the North Slope Science Initiative Oversight Group about priority information needs for management decisions across the North Slope of Alaska. These priority information needs and recommendations may include inventory, monitoring, and research activities that contribute to informed resource management decisions. This meeting will include continued review of emerging issues and application of North Slope Scenarios implications to inventory, monitoring, and research priorities.
Individuals who plan to attend and need special assistance, such as sign language interpretation, transportation, or other reasonable accommodations, should contact the North Slope Science Initiative Acting Deputy Director. The public may present written comments to the Science Technical Advisory Panel through the North Slope Science Initiative Acting Deputy Director. 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. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
The draft meeting plan and minutes from previous meetings are available for public inspection at
Bureau of Land Management, Interior.
Notice.
In accordance with the Federal Land Policy and Management Act and the Federal Advisory Committee Act of 1972, the U.S. Department of the Interior, Bureau of Land Management (BLM) Southwest Resource Advisory Council (RAC) is scheduled to meet as indicated below.
The meeting will be held on March 31, 2017, from 9 a.m. to 4 p.m. A public comment time regarding matters on the agenda will be held at 11:30 a.m.
The meeting will be held at the Montrose County Fairgrounds (Pioneer Room), 1001 N. Second St., Montrose, CO 81401.
Shannon Borders, Public Affairs Specialist; 970-240-5300; 2505 S. Townsend Ave., Montrose, CO 81401. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service (FRS) at 1-800-877-8339 to contact this office during normal business hours. The FRS is available 24 hours a day, seven days a week, to leave a message or question with this office. You will receive a reply during normal business hours.
The Southwest RAC advises the Secretary of the Interior, through the BLM, on a variety of public land issues in Colorado. Topics of discussion for the meeting may include field manager and working group reports, recreation, fire management, land use planning, invasive species management, energy and minerals management, travel management, wilderness, land exchange proposals, cultural resource management, and other issues, as appropriate.
This meeting will be open to the public. As noted above, the RAC meeting also will allocate time for public comments. Depending on the number of people who wish to comment and the time available, the time for individual oral comments may be limited. Attendees may also submit written comments for the RAC's consideration. Before including your address, phone number, email address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so.
Summary minutes for the RAC meeting will be available for public inspection within 30 days following the meeting at
Bureau of Ocean Energy Management, Interior.
Notice.
Notice is hereby given of the availability of certain North American Datum of 1983 (NAD 83) based Outer Continental Shelf (OCS) Official Protraction Diagrams (OPDs) and Supplemental Official OCS Block Diagrams (SOBDs) depicting geographic areas located in the Atlantic Ocean. The Bureau of Ocean Energy Management (BOEM), in accordance with its authority and responsibility under the Outer Continental Shelf Lands Act, is announcing the availability of maps used for the description of renewable energy, mineral, and oil and gas lease sales in the geographic areas they represent.
Douglas Vandegraft, Chief, Mapping and Boundary Branch at (703) 787-1312 or via email at
By correspondence dated July 27, 2016, the Commonwealth of Virginia requested that BOEM update official maps to reflect the offshore lateral boundaries that divide the waters within the Commonwealth of Virginia from the state waters of North Carolina and Maryland. This request is directly related to a current joint effort by the Commonwealth and BOEM to permanently immobilize the Submerged Lands Act Boundary offshore of Virginia through a decree from the U.S. Supreme Court. The lateral boundary dividing Virginia and North Carolina was determined by Congress through Public Law 92-588 of October 27, 1972. The lateral boundary dividing Virginia and Maryland was determined by Congress through Public Law 92-565 of October 25, 1972. The Submerged Lands Act boundaries depicted in the revised diagrams were prepared using the state boundaries established by Congress.
Accordingly, OPD NJ18-11 (Currituck Sound), dated November 1, 2016, has been revised to reflect the Virginia-North Carolina lateral boundary. OPD NJ18-05 (Salisbury) dated November 1, 2016, has been revised to reflect the Virginia-Maryland lateral boundary. Both lateral boundaries extend directly east from the shoreline of the Atlantic Ocean and terminate at the Submerged Lands Act Boundary, which is located three nautical miles east and parallel to the shoreline. SOBDs 6505 and 6506, dated November 1, 2016, located within OPD NJ18-11 (Currituck Sound), have been revised to reflect the intersection of the Virginia-North Carolina lateral boundary with the Submerged Lands Act Boundary. SOBD 7117, dated November 1, 2016, located within NJ18-05 (Salisbury), has been revised to reflect the intersection of the Virginia-Maryland lateral boundary with the Submerged Lands Act Boundary. On December 12, 2016, the Commonwealth of Virginia signed the subject SOBDs, indicating its concurrence with the BOEM depiction of the lateral boundaries and boundary intersections.
Copies of the revised OPDs and SOBDs are available for download in .pdf format from
United States International Trade Commission.
Notice.
The Commission hereby gives notice of the scheduling of an expedited review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on gray portland cement and cement clinker from Japan would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.
February 6, 2017.
Carolyn Carlson ((202) 205-3002), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its internet server (
For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
In accordance with sections 201.16(c) and 207.3 of the rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
U.S. International Trade Commission.
Notice.
Notice is hereby given that a complaint was filed with the U.S. International Trade Commission on January 26, 2017, under section 337 of the Tariff Act of 1930, as amended, on behalf of OpenTV, Inc. of Mountain View, California; Nagra USA, Inc. of San Francisco, California; Nagravision SA of Switzerland; and Kudelski SA of Switzerland. A supplement was filed on February 13, 2017. The complaint alleges violations of section 337 based upon the importation into the United States, the sale for importation, and the sale within the United States after importation of certain digital television set-top boxes, remote control devices, and components thereof by reason of infringement of certain claims of U.S. Patent No. 6,345,389 (“the '389 patent”); U.S. Patent No. 7,028,327 (“the '327 patent”); and U.S. Patent No. 7,725,720 (“the '720 patent”). The complaint further alleges that an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337.
The complainants request that the Commission institute an investigation and, after the investigation, issue a limited exclusion order and cease and desist orders.
The complaint, except for any confidential information contained therein, is available for inspection during official business hours (8:45 a.m. to 5:15 p.m.) in the Office of the Secretary, U.S. International Trade Commission, 500 E Street SW., Room 112, Washington, DC 20436, telephone (202) 205-2000. Hearing impaired individuals are advised that information on this matter can be obtained by contacting the Commission's TDD terminal on (202) 205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at (202) 205-2000. General information concerning the Commission may also be obtained by accessing its internet server at
The Office of Unfair Import Investigations, U.S. International Trade Commission, telephone (202) 205-2560.
(1) Pursuant to subsection (b) of section 337 of the Tariff Act of 1930, as amended, an investigation be instituted to determine whether there is a violation of subsection (a)(1)(B) of section 337 in the importation into the United States, the sale for importation, or the sale within the United States after importation of certain digital television set-top boxes, remote control devices, and components thereof by reason of infringement of one or more of claims 1, 2, 9-11, and 13-16 of the '389 patent; claims 13 and 36 of the '327 patent; and claims 1, 2, 5, and 8 of the '720 patent, and whether an industry in the United States exists or is in the process of being established as required by subsection (a)(2) of section 337;
(2) For the purpose of the investigation so instituted, the following are hereby named as parties upon which
(a) The complainants are:
(b) The respondents are the following entities alleged to be in violation of section 337, and are the parties upon which the complaint is to be served:
(c) The Office of Unfair Import Investigations, U.S. International Trade Commission, 500 E Street SW., Suite 401, Washington, DC 20436; and
(3) For the investigation so instituted, the Chief Administrative Law Judge, U.S. International Trade Commission, shall designate the presiding Administrative Law Judge.
Responses to the complaint and the notice of investigation must be submitted by the named respondents in accordance with section 210.13 of the Commission's Rules of Practice and Procedure, 19 CFR 210.13. Pursuant to 19 CFR 201.16(e) and 210.13(a), such responses will be considered by the Commission if received not later than 20 days after the date of service by the Commission of the complaint and the notice of investigation. Extensions of time for submitting responses to the complaint and the notice of investigation will not be granted unless good cause therefor is shown.
Failure of a respondent to file a timely response to each allegation in the complaint and in this notice may be deemed to constitute a waiver of the right to appear and contest the allegations of the complaint and this notice, and to authorize the administrative law judge and the Commission, without further notice to the respondent, to find the facts to be as alleged in the complaint and this notice and to enter an initial determination and a final determination containing such findings, and may result in the issuance of an exclusion order or a cease and desist order or both directed against the respondent.
By order of the Commission.
United States International Trade Commission.
Notice.
The Commission hereby gives notice of its determination to conduct, and scheduling of, a full review pursuant to the Tariff Act of 1930 (“the Act”) to determine whether revocation of the antidumping duty order on cased pencils from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission has determined to exercise its authority to extend the review period by up to 90 days.
Jordan Harriman (202-205-2610), Office of Investigations, U.S. International Trade Commission, 500 E Street SW., Washington, DC 20436. Hearing-impaired persons can obtain information on this matter by contacting the Commission's TDD terminal on 202-205-1810. Persons with mobility impairments who will need special assistance in gaining access to the Commission should contact the Office of the Secretary at 202-205-2000. General information concerning the Commission may also be obtained by accessing its Internet server (
For further information concerning the conduct of this review and rules of general application, consult the Commission's Rules of Practice and Procedure, part 201, subparts A and B (19 CFR part 201), and part 207, subparts A, D, E, and F (19 CFR part 207).
Additional written submissions to the Commission, including requests pursuant to section 201.12 of the Commission's rules, shall not be accepted unless good cause is shown for accepting such submissions, or unless the submission is pursuant to a specific request by a Commissioner or Commission staff.
In accordance with sections 201.16(c) and 207.3 of the Commission's rules, each document filed by a party to the review must be served on all other parties to the review (as identified by either the public or BPI service list), and a certificate of service must be timely filed. The Secretary will not accept a document for filing without a certificate of service.
The Commission has determined that this review is extraordinarily complicated and therefore has determined to exercise its authority to extend the review period by up to 90 days pursuant to 19 U.S.C. 1675(c)(5)(B).
This review is being conducted under authority of title VII of the Tariff Act of 1930; this notice is published pursuant to section 207.62 of the Commission's rules.
By order of the Commission.
Notice.
The Department of Labor (DOL) is submitting the Employment and Training Administration (ETA) sponsored information collection request (ICR) revision titled, “Nonmonetary Determination Activity Report,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited.
The OMB will consider all written comments that agency receives on or before April 3, 2017.
A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the RegInfo.gov Web site at
Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-ETA, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email:
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to
44 U.S.C. 3507(a)(1)(D).
This ICR seeks approval under the PRA for revisions to the Nonmonetary Determination Activity Report (Form ETA-207) that collects data on the number and types of issues States adjudicate when unemployment insurance claims are filed. The form also collects data on the number of disqualifications issued for reasons associated with a claimant's separation from employment and reasons related to a claimant's continuing eligibility for benefits. The ETA, Office of Unemployment Insurance uses these data to determine workload counts for allocation of administrative funds, to analyze the ratio of disqualifications to determinations, and to examine and evaluate the program effect of nonmonetary activities. This information collection has been classified as a revision, because the ETA seeks to remove reporting requirements associated with the now expired Federal Emergency Unemployment Compensation Program. Social Security Act section 303(a)(6) authorizes this information collection.
This information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information that does not display a valid Control Number.
Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the
• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Enhance the quality, utility, and clarity of the information to be collected; and
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
On February 16, 2017, I issued a memorandum to DOL Agency Heads pursuant to Secretary's Order 16-2006; Invoking Governmental Privileges, 71 FR 67024-01 (November 9, 2006) and its accompanying Memorandum (“2006 Memorandum”) and authorities cited therein to temporarily extend delegated authority and assigned responsibility to the incumbents of specified departmental career positions as listed on the attached memorandum, to invoke all appropriate claims of Governmental privileges arising from the functions of their respective agencies and offices. This delegation is effective immediately, and, unless superseded, will cease individually to have effect as soon as an official whose position is listed or descripted in the 2006 Memorandum commences his or her duties, but no later than December 31, 2017. A copy of that memorandum is annexed hereto as an Appendix.
Katherine Bissell or Susan Harthill, Office of the Solicitor, Department of Labor, 200 Constitution Avenue NW., Washington, DC 20210, telephone (202) 693-5260. This is not a toll-free number.
This Memorandum is issued pursuant to Secretary's Order 16-2006 (November 17, 2006) and its accompanying Memorandum (“2006 Memorandum”) and authorities cited therein. Those
Awaiting the arrival of non-career leadership representing the Administration of President Trump, the Department of Labor and its agencies operate currently without interruption, generally under career leadership. Under these circumstances, the purpose of this Memorandum is to temporarily extend delegated authority and assigned responsibility to the incumbents of specified departmental career positions listed below to invoke all appropriate claims of Governmental privileges arising from the functions of their respective agencies and offices. All formal claims of Governmental privilege asserted as a result of a delegation under this Memorandum will be made in accordance with the requirements and procedures specified in Secretary's Order 16-2006 and the 2006 Memorandum. Each delegation below takes effect immediately and, unless superseded, will cease individually to have effect as soon as an official whose position title is listed or described in the 2006 Memorandum commences his or her duties, but no later than December 31, 2017.
Notice.
The Department of Labor (DOL) is submitting the Bureau of Labor Statistics (BLS) sponsored information collection request (ICR) titled, “Contingent Work Supplement to the Current Population Survey,” to the Office of Management and Budget (OMB) for review and approval for use in accordance with the Paperwork Reduction Act (PRA) of 1995. Public comments on the ICR are invited.
The OMB will consider all written comments that agency receives on or before April 3, 2017.
A copy of this ICR with applicable supporting documentation; including a description of the likely respondents, proposed frequency of response, and estimated total burden may be obtained free of charge from the
Submit comments about this request by mail or courier to the Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for DOL-BLS, Office of Management and Budget, Room 10235, 725 17th Street NW., Washington, DC 20503; by Fax: 202-395-5806 (this is not a toll-free number); or by email:
Michel Smyth by telephone at 202-693-4129, TTY 202-693-8064, (these are not toll-free numbers) or sending an email to
44 U.S.C. 3507(a)(1)(D).
This ICR seeks approval under the PRA to reinstate, with changes from the most recent approval, the Contingent Work Supplement (CWS) to the Current Population Survey. The 2017 CWS will provide information on the characteristics of workers in contingent jobs,
This proposed information collection is subject to the PRA. A Federal agency generally cannot conduct or sponsor a collection of information, and the public is generally not required to respond to an information collection, unless it is approved by the OMB under the PRA and displays a currently valid OMB Control Number. In addition, notwithstanding any other provisions of law, no person shall generally be subject to penalty for failing to comply with a collection of information if the collection of information does not display a valid Control Number.
Interested parties are encouraged to send comments to the OMB, Office of Information and Regulatory Affairs at the address shown in the
• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
• Enhance the quality, utility, and clarity of the information to be collected; and
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
Notice.
The Department of Labor, as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance 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). 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 can be properly assessed. The Bureau of Labor Statistics (BLS) is soliciting comments concerning the proposed revision of the “Consumer Price Index Commodities and Services Survey.” A copy of the proposed information collection request (ICR) can be obtained by contacting the individual listed below in the Addresses section of this notice.
Written comments must be submitted to the office listed in the
Send comments to Nora Kincaid, BLS Clearance Officer, Division of Management Systems, Bureau of Labor Statistics, Room 4080, 2 Massachusetts Avenue NE., Washington, DC 20212. Written comments also may be transmitted by fax to, 202-691-5111. (This is not a toll free number.)
Nora Kincaid, BLS Clearance Officer, 202-691-7628 (this is not a toll free number). (See
Under the direction of the Secretary of Labor, the Bureau of Labor Statistics (BLS) is directed by law to collect, collate, and report full and complete statistics on the conditions of labor and the products and distribution of the products of the same; the Consumer Price Index (CPI) is one of these statistics. The collection of data from a wide spectrum of retail establishments and government agencies is essential for the timely and accurate calculation of the Commodities and Services (C&S) component of the CPI.
The CPI is the only index compiled by the U.S. Government that is designed to measure changes in the purchasing power of the urban consumer's dollar. The CPI is a measure of the average change in prices over time paid by urban consumers for a market basket of goods and services. The CPI is used most widely as a measure of inflation, and serves as an indicator of the effectiveness of government economic policy. It is also used as a deflator of other economic series, that is, to adjust other series for price changes and to translate these series into inflation-free dollars. Examples include retail sales, hourly and weekly earnings, and components of the Gross Domestic Product.
A third major use of the CPI is to adjust income payments. Over 2 million workers are covered by collective bargaining contracts, which provide for increases in wage rates based on increases in the CPI. At least eleven states have laws that link the adjustment in state minimum wage to the changes in the CPI. In addition, as a result of statutory action, the CPI affects the income of millions of Americans. Over 51 million Social Security beneficiaries, and millions of military and Federal Civil Service retirees, have cost-of-living adjustments tied to the CPI. In addition, eligibility criteria for millions of food stamps recipients and millions of children who eat lunch at school are affected by changes in the CPI. Under the National School Lunch Act and Child Nutrition Act, national average payments for those lunches and breakfasts are adjusted annually by the Secretary of Agriculture on the basis of the change in the CPI series, “Food away from Home.” Since 1985, the CPI has been used to adjust the Federal income tax structure to prevent inflation-induced tax rate increases.
Office of Management and Budget clearance is being sought for the proposed revision of the Consumer Price Index Commodities and Services Survey.
In January 2018 a new geographic sample redesign will be implemented. The new sample design will expand the
The continuation of the collection of prices for the CPI is essential since the CPI is the nation's chief source of information on retail price changes. If the information on C&S prices were not collected, Federal fiscal and monetary policies would be hampered due to the lack of information on price changes in a major sector of the U.S. economy, and estimates of the real value of the Gross National Product could not be made. The consequences to both the Federal and private sectors would be far reaching and would have serious repercussions on Federal government policy and institutions.
The Bureau of Labor Statistics is particularly interested in comments that:
• Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility.
• Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used.
• Enhance the quality, utility, and clarity of the information to be collected.
• Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology,
Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they also will become a matter of public record.
The ACRS Subcommittee on Plant License Renewal will hold a meeting on March 23, 2017, Room T-2B1, 11545 Rockville Pike, Rockville, Maryland.
The meeting will be open to public attendance.
The agenda for the subject meeting shall be as follows:
The Subcommittee will review Subsequent License Renewal. The Subcommittee will hear presentations by and hold discussions with the NRC staff and other interested persons regarding this matter. The Subcommittee will gather information, analyze relevant issues and facts, and formulate proposed positions and actions, as appropriate, for deliberation by the Full Committee.
Members of the public desiring to provide oral statements and/or written comments should notify the Designated Federal Official (DFO), Kent Howard (Telephone 301-415-2989 or Email:
Detailed meeting agendas and meeting transcripts are available on the NRC Web site at
If attending this meeting, please enter through the One White Flint North building, 11555 Rockville Pike, Rockville, Maryland. After registering with Security, please contact Mr. Theron Brown (Telephone 240-888-9835) to be escorted to the meeting room.
Weeks of March 6, 13, 20, 27, April 3, 10, 2017.
Commissioners' Conference Room, 11555 Rockville Pike, Rockville, Maryland.
Public and Closed.
There are no meetings scheduled for the week of March 6, 2017.
There are no meetings scheduled for the week of March 13, 2017.
This meeting will be webcast live at the Web address—
There are no meetings scheduled for the week of March 27, 2017.
This meeting will be webcast live at the Web address—
This meeting will be webcast live at the Web address—
There are no meetings scheduled for the week of April 10, 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
The NRC Commission Meeting Schedule can be found on the Internet at:
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 (
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
Nuclear Regulatory Commission.
Renewal of existing information collection; request for comment.
The U.S. Nuclear Regulatory Commission (NRC) invites public comment on the renewal of Office of Management and Budget (OMB) approval for an existing information of collection in order for the United States (US) to fulfill its responsibilities as a participant in the US/International Atomic Energy Agency (IAEA) Safeguards Agreement. The information collection is entitled, “Design Information Questionnaire—IAEA N-71 and Associated Forms N-72, N-73, N-74, N-75, N-76, N-77, N-91, N-92, N-93, and N-94.”
Submit comments by May 2, 2017. Comments received after this date will be considered if it is practical to do so, but the Commission is able to ensure consideration only for comments received on or before this date.
You may submit comments by any of the following methods:
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For additional direction on obtaining information and submitting comments, see “Obtaining Information and Submitting Comments” in the
David Cullison, Office of the Chief Information Officer, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; telephone: 301-415-2084; email:
Please refer to Docket ID NRC-2016-0205 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:
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Please include Docket ID NRC-2016-0205 in the subject line of your comment submission, in order to ensure that the NRC is able to make your comment submission available to the public in this docket.
The NRC cautions you not to include identifying or contact information that you do not want to be publicly disclosed in your comment submission. The NRC posts all comment submissions at
If you are requesting or aggregating comments from other persons for submission to the NRC, then you should inform those persons not to include identifying or contact information that they do not want to be publicly disclosed in their comment submission. Your request should state that the NRC does not routinely edit comment submissions to remove such information before making the comment submissions available to the public or entering the comment submissions into ADAMS.
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35), the NRC is requesting public comment on its intention to request the OMB's approval for the information collection summarized below.
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The NRC is seeking comments that address the following questions:
1. Is the proposed collection of information necessary for the NRC to properly perform its functions? Does the information have practical utility?
2. Is the estimate of the burden of the information collection accurate?
3. Is there a way to enhance the quality, utility, and clarity of the information to be collected?
4. How can the burden of the information collection on respondents be minimized, including the use of automated collection techniques or other forms of information technology?
For the Nuclear Regulatory Commission.
Office of Personnel Management.
Notice.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR), Designation of Beneficiary: Civil Service Retirement System, SF 2808.
Comments are encouraged and will be accepted until May 2, 2017.
Interested persons are invited to submit written comments on the proposed information collection to the U.S. Office of Personnel Management, Retirement Services, 1900 E Street NW., Washington, DC 20415, Attention: Alberta Butler, Room 2347-E or sent via electronic mail to
A copy of this ICR with applicable supporting documentation, may be obtained by contacting the U.S. Office of Personnel Management, Retirement Services Publications Team, 1900 E Street NW., Room 3316-L, Washington, DC 20415, Attention: Cyrus S. Benson, or sent via electronic mail to
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 3206-0142). 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,
Standard Form 2808 is used by persons covered by CSRS to designate a beneficiary to receive the lump sum payment due from the Civil Service Retirement and Disability Fund in the event of their death.
Office of Personnel Management.
Notice.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on the revision of a currently approved information collection request (ICR), Report of Medical Examination of Person Electing Survivor Benefits, OPM 1530.
Comments are encouraged and will be accepted until April 3, 2017.
Interested persons are invited to submit written comments on the proposed information collection to 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 by email to
A copy of this ICR, with applicable supporting documentation, may be obtained by contacting 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 by email to
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. The information collection (OMB No. 3206-0162) was previously published in the
1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of OPM, including whether the information will have practical utility;
2. Evaluate the accuracy of OPM'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;
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,
The OPM Form 1530 is used to collect information regarding an annuitant's health so that OPM can determine whether the insurable interest survivor benefit election can be allowed.
Office of Personnel Management.
Notice.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR), Request for Case Review for Enhanced Disability Annuity Benefit, RI 20-123.
Comments are encouraged and will be accepted until April 3, 2017.
Interested persons are invited to submit written comments on the proposed information collection to
A copy of this ICR, with applicable supporting documentation, may be obtained by contacting 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 by email to
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. This information collection (OMB No. 3206-0254) was previously published in the
1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of OPM, including whether the information will have practical utility;
2. Evaluate the accuracy of OPM'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;
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,
Form RI 20-123 is available only on the OPM Web site. It is used by retirees separated for disability and the survivors of retirees separated for disability to request that Retirement Operations review the computations of disability annuities to include the formulae provided in law for individuals who performed service as law enforcement officers, firefighters, nuclear materials carriers, air traffic controllers, Congressional employees, and Capitol and Supreme Court police.
U.S. Office of Personnel Management.
30-Day Notice and request for comments.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR), Designation of Beneficiary: Federal Employees' Group Life Insurance, SF 2823.
Comments are encouraged and will be accepted until April 3, 2017.
Interested persons are invited to submit written comments on the proposed information collection to 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 by email to
A copy of this ICR, with applicable supporting documentation, may be obtained by contacting 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 by email to
As required by the Paperwork Reduction Act of 1995, (Pub. Law 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. The information collection (OMB No. 3206-0136) was previously published in the
Standard Form 2823 is used by any Federal employee or retiree covered by the Federal Employees' Group Life Insurance (FEGLI) Program, or an assignee who owns an insured's coverage, to instruct the Office of Federal Employees' Group Life Insurance how to distribute the proceeds of the FEGLI coverage when the statutory order of precedence does not meet his or her needs.
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 functions of OPM, including whether the information will have practical utility;
2. Evaluate the accuracy of OPM'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,
U.S. Office of Personnel Management.
Notice.
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), More Information Needed for the Person Named Below, RI 38-45.
Comments are encouraged and will be accepted until April 3, 2017.
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
A copy of this ICR, with applicable supporting documentation, may be obtained by contacting 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
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. The information collection (OMB No. 3206-0144) was previously published in the
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,
Form RI 38-45 is used by the Civil Service Retirement System and the Federal Employees Retirement System to identify the records of individuals with similar or the same names. It is also needed to report payments to the Internal Revenue Service.
U.S. Office of Personnel Management.
30-day notice and request for comments.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR), Application for Deferred or Postponed Retirement: FERS, RI 92-19.
Comments are encouraged and will be accepted until April 3, 2017.
Interested persons are invited to submit written comments on the proposed information collection to 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 by email to
A copy of this ICR, with applicable supporting documentation, may be obtained by contacting 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 by email to
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. The information collection (OMB No. 3206-0190) was previously published in the
Form RI 92-19 is used by separated employees to apply for either a deferred or a postponed FERS annuity benefit.
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 functions of OPM, including whether the information will have practical utility;
2. Evaluate the accuracy of OPM'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
U.S. Office of Personnel Management.
Notice.
The Retirement Services, Office of Personnel Management (OPM) offers the general public and other Federal agencies the opportunity to comment on an extension, without change, of a currently approved information collection request (ICR), We Need Important Information About Your Eligibility for Social Security Disability Benefits, RI 98-7.
Comments are due by April 3, 2017.
Interested persons are invited to submit written comments on the proposed information collection to 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 by email to
A copy of this ICR with applicable supporting documentation, may be obtained by contacting 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 by email to
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. The information collection (OMB No. 3206-0263) was previously published in the
1. Evaluate whether the proposed collection of information is necessary for the proper performance of functions of OPM, including whether the information will have practical utility;
2. Evaluate the accuracy of OPM'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,
Form RI 98-7 is used by OPM to verify receipt of Social Security Administration (SSA) disability benefits, to lessen or avoid overpayment to Federal Employees Retirement System (FERS) disability retirees. It notifies the annuitant of the responsibility to notify OPM if SSA awards disability benefits and the subsequent overpayment that will occur with the receipt of both benefits.
Securities and Exchange Commission (“Commission”).
Notice of an application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and 12(d)(1)(B) of the Act. The requested order would permit (a) index-based series of certain open-end management investment companies (“Funds”) to issue shares redeemable in large aggregations only (“Creation Units”); (b) secondary market transactions in Fund shares to occur at negotiated market prices rather than at net asset value (“NAV”); (c) certain Funds to pay redemption proceeds, under certain circumstances, more than seven days after the tender of shares for redemption; (d) certain affiliated persons of a Fund to deposit securities into, and receive securities from, the Fund in connection with the purchase and redemption of Creation Units; (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the Funds (“Funds of Funds”) to acquire shares of the Funds; and (f) certain Funds (“Feeder Funds”) to create and redeem Creation Units in-kind in a master-feeder structure.
USAA ETF Trust, USAA Mutual Funds Trust (each, a “Trust” and collectively the “Trusts”), each a Delaware statutory trust that is or will be registered under the Act as an open-end management investment company with multiple series, USAA Asset Management Company (the “Initial Adviser”), a Delaware corporation that is registered as an investment adviser under the Investment Advisers Act of 1940, and USAA Investment
The application was filed on August 18, 2016 and amended on January 31, 2017.
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 24, 2017, and should be accompanied by proof of service on applicants, in the form of an affidavit, or for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.
Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: 9800 Fredericksburg Road, San Antonio, Texas 78288.
Jessica Shin, Attorney-Adviser, at (202) 551-5921 or David J. Marcinkus, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).
The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at
1. Applicants request an order that would allow Funds to operate as index-based exchange traded funds (“ETFs”).
2. Each Fund will hold investment positions selected to correspond generally to the performance of an Underlying Index. In the case of Self-Indexing Funds, an affiliated person, as defined in section 2(a)(3) of the Act (“Affiliated Person”), or an affiliated person of an Affiliated Person (“Second-Tier Affiliate”), of the Trust or a Fund, of the Adviser, of any sub-adviser to or promoter of a Fund, or of the Distributor will compile, create, sponsor or maintain the Underlying Index.
3. Shares will be purchased and redeemed in Creation Units and generally on an in-kind basis. Except where the purchase or redemption will include cash under the limited circumstances specified in the application, purchasers will be required to purchase Creation Units by depositing specified instruments (“Deposit Instruments”), and shareholders redeeming their shares will receive specified instruments (“Redemption Instruments”). The Deposit Instruments and the Redemption Instruments will each correspond pro rata to the positions in the Fund's portfolio (including cash positions) except as specified in the application.
4. Because shares will not be individually redeemable, applicants request an exemption from section 5(a)(1) and section 2(a)(32) of the Act that would permit the Funds to register as open-end management investment companies and issue shares that are redeemable in Creation Units only.
5. Applicants also request an exemption from section 22(d) of the Act and rule 22c-1 under the Act as secondary market trading in shares will take place at negotiated prices, not at a current offering price described in a Fund's prospectus, and not at a price based on NAV. Applicants state that (a) secondary market trading in shares does not involve a Fund as a party and will not result in dilution of an investment in shares, and (b) to the extent different prices exist during a given trading day, or from day to day, such variances occur as a result of third-party market forces, such as supply and demand. Therefore, applicants assert that secondary market transactions in shares will not lead to discrimination or preferential treatment among purchasers. Finally, applicants represent that share market prices will be disciplined by arbitrage opportunities, which should prevent shares from trading at a material discount or premium from NAV.
6. With respect to Funds that effect creations and redemptions of Creation Units in kind and that are based on certain Underlying Indexes that include foreign securities, applicants request relief from the requirement imposed by section 22(e) in order to allow such Funds to pay redemption proceeds within fifteen calendar days following the tender of Creation Units for redemption. Applicants assert that the requested relief would not be inconsistent with the spirit and intent of section 22(e) to prevent unreasonable, undisclosed or unforeseen delays in the actual payment of redemption proceeds.
7. Applicants request an exemption to permit Funds of Funds to acquire Fund shares beyond the limits of section 12(d)(1)(A) of the Act; and the Funds, and any principal underwriter for the Funds, and/or any broker or dealer registered under the Securities Exchange Act of 1934, to sell shares to Funds of Funds beyond the limits of section 12(d)(1)(B) of the Act. The application's terms and conditions are designed to, among other things, help prevent any potential (i) undue influence over a Fund through control or voting power, or in connection with certain services, transactions, and underwritings, (ii) excessive layering of fees, and (iii) overly complex fund structures, which are the concerns underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
8. Applicants request an exemption from sections 17(a)(1) and 17(a)(2) of the Act to permit persons that are Affiliated Persons, or Second Tier Affiliates, of the Funds, solely by virtue of certain ownership interests, to effectuate purchases and redemptions in-kind. The deposit procedures for in-kind purchases of Creation Units and the redemption procedures for in-kind redemptions of Creation Units will be the same for all purchases and redemptions and Deposit Instruments
9. Applicants also request relief to permit a Feeder Fund to acquire shares of another registered investment company managed by the Adviser having substantially the same investment objectives as the Feeder Fund (“Master Fund”) beyond the limitations in section 12(d)(1)(A) and permit the Master Fund, and any principal underwriter for the Master Fund, to sell shares of the Master Fund to the Feeder Fund beyond the limitations in section 12(d)(1)(B).
10. Section 6(c) of the Act permits the Commission to exempt any persons or transactions from any provision of the Act if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Section 12(d)(1)(J) of the Act provides that the Commission may exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Section 17(b) of the Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that (a) the terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned; (b) the proposed transaction is consistent with the policies of each registered investment company involved; and (c) the proposed transaction is consistent with the general purposes of the Act.
For the Commission, by the Division of Investment Management, under delegated authority.
Securities and Exchange Commission (“Commission”).
Notice of an application for an order pursuant to: (a) Section 6(c) of the Investment Company Act of 1940 (“Act”) granting an exemption from sections 18(f) and 21(b) of the Act; (b) section 12(d)(1)(J) of the Act granting an exemption from section 12(d)(1) of the Act; (c) sections 6(c) and 17(b) of the Act granting an exemption from sections 17(a)(1), 17(a)(2) and 17(a)(3) of the Act; and (d) section 17(d) of the Act and rule 17d-1 under the Act to permit certain joint arrangements and transactions. Applicants request an order that would permit certain registered management investment companies to participate in a joint lending and borrowing facility.
Neuberger Berman Investment Advisers LLC (“NBIA”), a Delaware limited liability company registered as an investment adviser under the Investment Advisers Act of 1940; Neuberger Berman Advisers Management Trust, Neuberger Berman Alternative Funds, Neuberger Berman Equity Funds, and Neuberger Berman Income Funds, each a Delaware statutory trust registered under the Act as an open-end management investment company (the “Open-End Funds”); and Neuberger Berman California Intermediate Municipal Fund Inc., Neuberger Berman High Yield Strategies Fund Inc., Neuberger Berman Intermediate Municipal Fund Inc., Neuberger Berman MLP Income Fund Inc., Neuberger Berman New York Intermediate Municipal Fund Inc., and Neuberger Berman Real Estate Securities Income Fund Inc., each a Maryland corporation registered under the Act as a closed-end management investment company (the “Closed-End Funds,”
The application was filed on October 7, 2015, and amended on April 22, 2016, September 23, 2016, and December 21, 2016.
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 27, 2017 and should be accompanied by proof of service on the applicants, in the form of an affidavit, or, for lawyers, a certificate of service. Pursuant to Rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.
Secretary, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: 605 Third Avenue, 2nd Floor, New York, NY 10158-0180.
Jill Ehrlich, Senior Counsel, at (202) 551-6819 or David J. Marcinkus, Branch Chief, at (202) 551-6821 (Division of Investment Management, Chief Counsel's Office).
The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or an applicant using the Company name box, at
1. Applicants request an order that would permit the applicants to participate in an interfund lending facility where each Fund could lend money directly to and borrow money directly from other Funds to cover unanticipated cash shortfalls, such as
2. Applicants anticipate that the proposed facility would provide a borrowing Fund with significant savings at times when the cash position of the Fund is insufficient to meet temporary cash requirements. In addition, Funds making short-term cash loans directly to other Funds would earn interest at a rate higher than they otherwise could obtain from investing their cash in repurchase agreements or certain other short term money market instruments. Thus, applicants assert that the facility would benefit both borrowing and lending Funds.
3. Applicants agree that any order granting the requested relief will be subject to the terms and conditions stated in the application. Among others, the Adviser, through a designated committee, would administer the facility as a disinterested fiduciary as part of its duties under the investment management agreements with the Funds and would receive no additional fee as compensation for its services in connection with the administration of the facility. The facility would be subject to oversight and certain approvals by the Funds' Board, including, among others, approval of the interest rate formula and of the method for allocating loans across Funds, as well as review of the process in place to evaluate the liquidity implications for the Funds. A Fund's aggregate outstanding interfund loans will not exceed 15% of its net assets, and the Fund's loans to any one Fund will not exceed 5% of the lending Fund's net assets.
4. Applicants assert that the facility does not raise the concerns underlying section 12(d)(1) of the Act given that the Funds are part of the same group of investment companies and there will be no duplicative costs or fees to the Funds.
5. Applicants also believe that the limited relief from section 18(f)(1) of the Act that is necessary to implement the facility (because the lending Funds are not banks) is appropriate in light of the conditions and safeguards described in the application and because the Funds would remain subject to the requirement of section 18(f)(1) that all borrowings of the Fund, including combined interfund loans and bank borrowings, have at least 300% asset coverage.
6. Section 6(c) of the Act permits the Commission to exempt any persons or transactions from any provision of the Act if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Section 12(d)(1)(J) of the Act provides that the Commission may exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Section 17(b) of the Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that (a) the terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned; (b) the proposed transaction is consistent with the policies of each registered investment company involved; and (c) the proposed transaction is consistent with the general purposes of the Act. Rule 17d-1(b) under the Act provides that in passing upon an application filed under the rule, the Commission will consider whether the participation of the registered investment company in a joint enterprise, joint arrangement or profit sharing plan on the basis proposed is consistent with the provisions, policies and purposes of the Act and the extent to which such participation is on a basis different from or less advantageous than that of the other participants.
For the Commission, by the Division of Investment Management, under delegated authority.
Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934 (“Act”),
The proposed rule change will: (1) Modify the annual fixed fee that covers all self-clearing activity for a Clearing Member
In its filing with the Commission, LCH SA included statements concerning the purpose of and basis for the proposed rule change and discussed any comments it received on the proposed rule change. The text of these statements may be examined at the places specified in Item IV below. LCH SA has prepared summaries, set forth in sections A, B, and C below, of the most significant aspects of such statements.
The purpose of the proposed rule change is to: (1) Modify the annual fixed fee that covers all self-clearing activity for a Clearing Member and its affiliates under the Unlimited Tariff, (2) establish an annual fixed fee for all General Members that participate in the CDS Clearing Services under the Introductory Tariff, and (3) remove the volume-based discounts currently in effect for the client clearing activities of the CDS Clearing Service.
The proposed rule change will reduce the annual fixed fee for General Members that covers all self-clearing activity for Clearing Members and their affiliate(s) that have opted for the Unlimited Tariff. Currently, General Members that participate in the CDS Clearing Service can elect to pay an annual fixed fee of €2,250,000 (the “Unlimited Tariff”), which covers all self-clearing fees for the Clearing Member and its affiliates. Clearing Members that select to pay this fixed fee are not charged any variable fee that would otherwise be assessed with each cleared CDS on their house activity.
General Clearing Members that do not select the Unlimited Tariff fall under the Introductory Tariff and are currently charged a variable volume based self-clearing fee. The fee is calculated and charged per million gross notional cleared (EUR/USD, as applicable) and varies depending on the type of CDS cleared,
The rule change will reduce the annual fixed fee to be paid by General Members that select the Unlimited Tariff from €2,250,000 to €2,000,000. The cap on annual fees paid by General Members that select the Introductory Tariff will similarly be reduced from €2,250,000 to €2,000,000, and will include the fixed fee along with all variable fees for the Clearing Member and its affiliates.
LCH SA believes that the reduced fee more accurately reflects the proportionate costs and expenses that LCH SA will incur in connection with self-cleared transactions following the introduction of mandatory clearing of OTC derivatives and the anticipated increase in CDS client clearing activities.
In addition, the proposed rule change will establish an annual fixed fee for all General Members that participate in the CDS Clearing Service under the Introductory Tariff. The annual fixed fee is independent from and in addition to the self-clearing and client clearing variable fees currently charged, but will count toward the €2,000,000 cap described above. Currently, General Members that participate in the CDS Clearing Service pay either the Unlimited Tariff, which covers all self-clearing fees for the Clearing Member and its affiliates, or the Introductory Tariff, which is calculated per million gross notional cleared (EUR/USD, as applicable) and varies depending on the type of CDS cleared,
LCH SA believes that all General Members under the Introductory Tariff that have access to, and benefit from, the CDS Clearing Service resources should pay a fixed fee for such access, even if the General Member has no clearing activity. The rule change will require every General Member under the Introductory Tariff to pay an annual fixed fee of €200,000, which will increase to €400,000 for members with more than €15 billion gross notional in clearing activity per year, across self-clearing or clearing for clients. One-twelfth of the fee will be charged each month, and a pro-rata amount will be applied for Clearing Members starting or resigning during the calendar year.
Lastly, the proposed rule change will remove the volume-based discounts that had been in effect for CDS client clearing activities since early 2014. Currently, clients that participate in the CDS Clearing Service are charged a clearing fee per EUR/USD million gross notional cleared as follows:
In order to encourage client clearing of CDS back in 2014 ahead of the mandatory clearing requirement at the time, LCH SA has been offering volume-based discounts as follows:
With mandatory clearing of CDS now becoming effective in 2017 in Europe, LCH SA believes it is no longer necessary or appropriate to provide these discounts in light of the costs and expenses that LCH SA will incur in providing the CDS Clearing Service to clients. The rule change, therefore, will remove the volume-based discounts for CDS client clearing activities.
Section 17A(b)(3)(D) of the Act requires that the rules of a clearing agency provide for the equitable allocation of reasonable dues, fees, and other charges.
With respect to the annual fixed fee for General Members under the Introductory Tariff, LCH SA has determined that implementing an annual fixed fee for all General Members that participate in the CDS Clearing Service under the Introductory Tariff (which fee is separate from and in addition to the self-clearing and client clearing variable fees currently assessed), is reasonable and appropriate given the costs and expenses to LCH SA in providing the services to General Members. The fee assures that all General Members that benefit from the CDS Clearing Service pay an appropriate fee for such services, such as being consulted on potential rules, product and service changes, as well as benefiting from unlimited support for product and system training and testing, without regard to whether such General Members engage in CDS clearing activities. The proposed rule changes, therefore, are consistent with the requirements of Section 17A of the Act
With respect to the removal of volume-based discounts, LCH SA has determined that removing the volume-based discounts for CDS client clearing activities is reasonable and appropriate, given the costs and expenses to LCH SA in providing such services. The elimination of volume-based discounts will assure that clients pay an appropriate proportionate share of the costs and expenses that LCH SA will incur in providing the CDS Clearing Service.
Section 17A(b)(3)(I) of the Act requires that the rules of a clearing agency not impose any burden on competition not necessary or appropriate in furtherance of the purposes of the Act.
LCH SA does not believe that the proposed rule change would have a burden on competition because it does not adversely affect the ability of such Clearing Members or other market participants generally to engage in cleared transactions or to access clearing services.
Written comments relating to the proposed rule change have not been solicited or received. LCH SA will notify the Commission of any written comments received by LCH SA.
The foregoing proposed rule change has become effective upon filing pursuant to Section 19(b)(3)(A)
Interested persons are invited to submit written data, views, and arguments concerning the foregoing, including whether the proposed rule change is consistent with the Act. Comments may be submitted by any of the following methods:
• Use the Commission's Internet comment form (
• Send an email to
• Send paper comments in triplicate to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.
All submissions should refer to File Number SR-LCH SA-2017-001 and should be submitted on or before March 24, 2017.
For the Commission, by the Division of Trading and Markets, pursuant to delegated authority.
Securities and Exchange Commission (“Commission”).
Notice of an application for an order under section 6(c) of the Investment Company Act of 1940 (the “Act”) for an exemption from sections 2(a)(32), 5(a)(1), 22(d), and 22(e) of the Act and rule 22c-1 under the Act, under sections 6(c) and 17(b) of the Act for an exemption from sections 17(a)(1) and 17(a)(2) of the Act, and under section 12(d)(1)(J) for an exemption from sections 12(d)(1)(A) and 12(d)(1)(B) of the Act. The requested order would permit (a) index-based series of certain open-end management investment companies (“Funds”) to issue shares redeemable in large aggregations only (“Creation Units”); (b) secondary market transactions in Fund shares to occur at negotiated market prices rather than at net asset value (“NAV”); (c) certain Funds to pay redemption proceeds, under certain circumstances, more than seven days after the tender of shares for redemption; (d) certain affiliated persons of a Fund to deposit securities into, and receive securities from, the Fund in connection with the purchase and redemption of Creation Units; and (e) certain registered management investment companies and unit investment trusts outside of the same group of investment companies as the Funds (“Funds of Funds”) to acquire shares of the Funds.
Tortoise Index Solutions, LLC (the “Initial Adviser”), a Delaware limited liability company that is registered as an investment adviser under the Investment Advisers Act of 1940; Montage Managers Trust (the “Trust”), a Delaware statutory trust registered under the Act as an open-end management investment company with multiple series, and Foreside Fund Services, LLC (the “Distributor”), a Delaware limited liability company and broker-dealer registered under the Securities Exchange Act of 1934 (“Exchange Act”).
The application was filed on October 7, 2016 and amended on February 16, 2017.
An order granting the requested relief will be issued unless the Commission orders a hearing. Interested persons may request a hearing by writing to the Commission's Secretary and serving applicants with a copy of the request, personally or by mail. Hearing requests should be received by the Commission by 5:30 p.m. on March 27, 2017, and should be accompanied by proof of service on applicants, in the form of an affidavit, or for lawyers, a certificate of service. Pursuant to rule 0-5 under the Act, hearing requests should state the nature of the writer's interest, any facts bearing upon the desirability of a hearing on the matter, the reason for the request, and the issues contested. Persons who wish to be notified of a hearing may request notification by writing to the Commission's Secretary.
Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090; Applicants: The Initial Adviser, 11550 Ash Street, Suite 300, Leawood, KS 66211; the Trust, 11300 Tomahawk Creek Parkway, Suite 200, Leawood, KS 66211; and the Distributor, Three Canal Plaza, Suite 100, Portland, ME 04101.
Jean E. Minarick, Senior Counsel, at (202) 551-6811, or Daniele Marchesani, Assistant Chief Counsel, at (202) 551-6825 (Division of Investment Management, Chief Counsel's Office).
The following is a summary of the application. The complete application may be obtained via the Commission's Web site by searching for the file number, or for an applicant using the Company name box, at
1. Applicants request an order that would allow Funds to operate as index-based exchange traded funds (“ETFs”).
2. Each Fund will hold investment positions selected to correspond generally to the performance of an Underlying Index. In the case of Self-Indexing Funds, an affiliated person, as defined in section 2(a)(3) of the Act (“Affiliated Person”), or an affiliated person of an Affiliated Person (“Second-Tier Affiliate”), of the Trust or a Fund, of the Adviser, of any sub-adviser to or promoter of a Fund, or of the Distributor will compile, create, sponsor or maintain the Underlying Index.
3. Shares will be purchased and redeemed in Creation Units and generally on an in-kind basis. Except where the purchase or redemption will
4. Because shares will not be individually redeemable, applicants request an exemption from section 5(a)(1) and section 2(a)(32) of the Act that would permit the Funds to register as open-end management investment companies and issue shares that are redeemable in Creation Units only.
5. Applicants also request an exemption from section 22(d) of the Act and rule 22c-1 under the Act as secondary market trading in shares will take place at negotiated prices, not at a current offering price described in a Fund's prospectus, and not at a price based on NAV. Applicants state that (a) secondary market trading in shares does not involve a Fund as a party and will not result in dilution of an investment in shares, and (b) to the extent different prices exist during a given trading day, or from day to day, such variances occur as a result of third-party market forces, such as supply and demand. Therefore, applicants assert that secondary market transactions in shares will not lead to discrimination or preferential treatment among purchasers. Finally, applicants represent that share market prices will be disciplined by arbitrage opportunities, which should prevent shares from trading at a material discount or premium from NAV.
6. With respect to Funds that effect creations and redemptions of Creation Units in kind and that are based on certain Underlying Indexes that include foreign securities, applicants request relief from the requirement imposed by section 22(e) in order to allow such Funds to pay redemption proceeds within fifteen calendar days following the tender of Creation Units for redemption. Applicants assert that the requested relief would not be inconsistent with the spirit and intent of section 22(e) to prevent unreasonable, undisclosed or unforeseen delays in the actual payment of redemption proceeds.
7. Applicants request an exemption to permit Funds of Funds to acquire Fund shares beyond the limits of section 12(d)(1)(A) of the Act; and the Funds, and any principal underwriter for the Funds, and/or any broker or dealer registered under the Exchange Act, to sell shares to Funds of Funds beyond the limits of section 12(d)(1)(B) of the Act. The application's terms and conditions are designed to, among other things, help prevent any potential (i) undue influence over a Fund through control or voting power, or in connection with certain services, transactions, and underwritings, (ii) excessive layering of fees, and (iii) overly complex fund structures, which are the concerns underlying the limits in sections 12(d)(1)(A) and (B) of the Act.
8. Applicants request an exemption from sections 17(a)(1) and 17(a)(2) of the Act to permit persons that are Affiliated Persons, or Second Tier Affiliates, of the Funds, solely by virtue of certain ownership interests, to effectuate purchases and redemptions in-kind. The deposit procedures for in-kind purchases of Creation Units and the redemption procedures for in-kind redemptions of Creation Units will be the same for all purchases and redemptions and Deposit Instruments and Redemption Instruments will be valued in the same manner as those investment positions currently held by the Funds. Applicants also seek relief from the prohibitions on affiliated transactions in section 17(a) to permit a Fund to sell its shares to and redeem its shares from a Fund of Funds, and to engage in the accompanying in-kind transactions with the Fund of Funds.
9. Section 6(c) of the Act permits the Commission to exempt any persons or transactions from any provision of the Act if such exemption is necessary or appropriate in the public interest and consistent with the protection of investors and the purposes fairly intended by the policy and provisions of the Act. Section 12(d)(1)(J) of the Act provides that the Commission may exempt any person, security, or transaction, or any class or classes of persons, securities, or transactions, from any provision of section 12(d)(1) if the exemption is consistent with the public interest and the protection of investors. Section 17(b) of the Act authorizes the Commission to grant an order permitting a transaction otherwise prohibited by section 17(a) if it finds that (a) the terms of the proposed transaction are fair and reasonable and do not involve overreaching on the part of any person concerned; (b) the proposed transaction is consistent with the policies of each registered investment company involved; and (c) the proposed transaction is consistent with the general purposes of the Act.
For the Commission, by the Division of Investment Management, under delegated authority.
Social Security Administration.
Notice of rescission of Social Security Ruling.
In accordance with 20 CFR 402.35(b)(1), the Acting Commissioner of Social Security gives notice of the rescission of Social Security Ruling (SSR) 87-6.
This rescission is effective March 3, 2017.
Cheryl A. Williams, Office of Disability Policy, Social Security Administration, 6401 Security Boulevard, Baltimore, Maryland 21235-6401, (410) 965-1020. For information on eligibility or filing for benefits, call our national toll-free number 1-800-772-1213, or TTY 1-800-325-0778, or visit our Internet site, Social Security Online, at
Through SSRs, we make available to the public precedential decisions relating to the Federal old-age, survivors, disability, supplemental security income, and special veterans benefits programs. We may base SSRs on determinations or decisions made at all levels of administrative adjudication, Federal court decisions, Commissioner's decisions, opinions of the Office of the General Counsel, and other interpretations of the law and regulations.
Under our prior listings 11.02 and 11.03, and SSR 87-6, we evaluated epilepsy according to the type, frequency, duration, and sequelae of seizures.
SSR 87-6 provided guidance to adjudicators on the role of prescribed treatment in the evaluation of epilepsy. The SSR stated the file must contain adequate information regarding the history of the treatment regimen and the claimant's response to it, and a satisfactory description of the treatment regimen by the treating physician. The SSR also required a record of anticonvulsant blood levels before we could allow a claim. Under SSR 87-6, without an ongoing treating relationship, we could not find the claimant's impairment to meet or medically equal the listing for epilepsy. When anticonvulsant blood levels were low, information obtained from the treating physician should explain why the levels were low and include the results of any relevant diagnostic studies.
On July 1, 2016, we published in the
Further questions can be directed to Julie Fort (
The Committee follows the procedures prescribed by the Federal Advisory Committee Act (FACA). Meetings will be open to the public unless a determination is made in accordance with section 10(d) of the FACA and 5 U.S.C. 552b(c) that a meeting or portion of the meeting should be closed to the public. Notice of each meeting will be published in the
Surface Transportation Board.
Notice of decision instituting a proceeding to determine the railroad industry's 2016 cost of capital.
The Board is instituting a proceeding to determine the railroad industry's cost of capital for 2016. The decision solicits comments on the following issues: The railroads' 2016 current cost of debt capital; the railroads' 2016 current cost of preferred equity capital (if any); the railroads' 2016 cost of common equity capital; and the 2016 capital structure mix of the railroad industry on a market value basis. Comments should focus on the various cost of capital components listed above using the same methodology followed in
Notices of intent to participate are due by March 30, 2017. Statements of the railroads are due by April 20, 2017. Statements of other interested persons are due by May 11, 2017. Rebuttal statements by the railroads are due by June 1, 2017.
Comments may be submitted either via the Board's e-filing system or in the traditional paper format. Any person using e-filing should comply with the instructions at the E-FILING link on the Board's Web site, at
Pedro Ramirez at (202) 245-0333. Assistance for the hearing impaired is available through the Federal Information Relay Service (FIRS) at 1-800-877-8339.
The Board's decision is posted on the Board's Web site,
49 U.S.C. 10704(a)
By the Board, Board Members Begeman, Elliott, and Miller.
Office of the United States Trade Representative.
Request for comments.
The Office of the United States Trade Representative (USTR) is announcing the availability of full 2016 calendar year import statistics relating to competitive need limitations (CNLs) under the Generalized System of Preferences (GSP) program. USTR will accept public comments submitted by March 22, 2017, regarding: (1) Possible
Written comments are due by midnight, Wednesday, March 22, 2017.
You should submit written comments through the Federal eRulemaking Portal:
Naomi Freeman, Director for GSP, Office of the United States Trade Representative, 600 17th Street NW., Washington, DC 20508. The telephone number is (202) 395-2974 and the email address is
The GSP program provides for the duty-free importation of designated articles when imported from designated beneficiary developing countries (BDCs). The GSP program is authorized by Title V of the Trade Act of 1974 (19 U.S.C. 2461,
Exclusions from GSP duty-free treatment where CNLs have been exceeded will be effective July 1, 2017, unless the President grants a waiver. Any CNL-based exclusions, CNL waiver revocations, and decisions with respect to
In order to provide notice of articles that have exceeded the CNLs for 2016 and to afford an opportunity for comment regarding (1) potential
The lists available on the USTR Web site contain, for each article, the Harmonized Tariff Schedule of the United States (HTSUS) subheading and BDC country of origin, the value of imports of the article for the 2016 calendar year, and the percentage of total U.S. imports of that article from all countries.
The lists published on the USTR Web site are for informational purposes only. They may not include all articles to which the GSP CNLs may apply. All determinations and decisions regarding the CNLs of the GSP program will be based on full 2016 calendar year import data with respect to each GSP-eligible article. We advise each interested party to conduct its own review of 2016 import data with respect to the possible application of the GSP CNL provisions.
List I on the USTR Web site shows GSP-eligible articles from BDCs that exceeded a CNL by having been exported in excess of $175 million, or in a quantity equal to or greater than 50 percent of the total U.S. import value, in 2016. These products will be removed from eligibility for GSP for the subject countries on July 1, 2017, unless the President grants a waiver for the product for the subject country in response to a petition filed by an interested party. Such petitions for CNL waivers must have been previously submitted in the 2016/2017 GSP Annual Review. (
List II identifies GSP-eligible articles from BDCs that are above the 50 percent
List III shows GSP-eligible articles from certain BDCs that currently are not receiving GSP duty-free treatment, but may be considered for GSP redesignation based on 2016 trade data and consideration of certain statutory factors. Recommendations to the President on
All submissions for the GSP Annual Review must conform to the GSP regulations set forth at 15 CFR part 2007, except as modified below. These regulations are available on the USTR Web site at
To make a submission using
At the beginning of the submission, or on the first page (if an attachment), please note that the submission is in response to this
Each submitter will receive a submission tracking number upon completion of the submissions procedure at
In a January 23, 2017
Federal Motor Carrier Safety Administration (FMCSA), DOT.
Notice of Unified Carrier Registration Plan Board of Directors meeting.
The meeting will be held on March 14, 2017, from 12:00 Noon to 3:00 p.m., Eastern Daylight Time.
This meeting will be open to the public via conference call. Any interested person may call 1-877-422-1931, passcode 2855443940, to listen and participate in this meeting.
Open to the public.
The Unified Carrier Registration Plan Board of Directors (the Board) will continue its work in developing and implementing the Unified Carrier Registration Plan and Agreement and to that end, may consider matters properly before the Board.
Mr. Avelino Gutierrez, Chair, Unified Carrier Registration Board of Directors at (505) 827-4565.
Office of the Comptroller of the Currency (OCC), Treasury.
Notice and request for comment.
The OCC, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on the renewal of an information collection as required by the Paperwork Reduction Act of 1995 (PRA).
An agency may not conduct or sponsor, and a respondent is not required to respond to, an information collection unless it displays a currently valid Office of Management and Budget (OMB) control number.
The OCC is soliciting comment concerning the renewal of an information collection titled, “Record and Disclosure Requirements—Consumer Financial Protection Bureau (CFPB) Regulations B, C, E, M, Z, and DD and Board of Governors of the Federal Reserve System (FRB) Regulation CC.” The OCC also is giving notice that it has sent the collection to OMB for review.
Comments must be submitted on or before April 3, 2017.
Because paper mail in the Washington, DC area and at the OCC is subject to delay, commenters are encouraged to submit comments by email, if possible. Comments may be sent to: Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, Attention: 1557-0176, 400 7th Street SW., Suite 3E-218, mail stop 9W-11, Washington, DC 20219. In addition, comments may be sent by fax to (571) 465-4326 or by electronic mail to
All comments received, including attachments and other supporting materials, are part of the public record and subject to public disclosure. Do not enclose any information in your comment or supporting materials that you consider confidential or inappropriate for public disclosure.
Additionally, please send a copy of your comments by mail to: OCC Desk Officer, 1557-0176, U.S. Office of Management and Budget, 725 17th Street NW., #10235, Washington, DC 20503 or by email to
Shaquita Merritt, OCC Clearance Officer, (202) 649-5490 or, for persons who are deaf or hard of hearing, TTY, (202) 649-5597, Legislative and Regulatory Activities Division, Office of the Comptroller of the Currency, 400 7th Street SW., Washington, DC 20219.
Under the PRA (44 U.S.C. 3501-3520), Federal agencies must obtain approval from OMB for each collection of information that 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. The OCC requests that OMB extend its approval of the following collection.
This regulation implements the Equal Credit Opportunity Act (15 U.S.C. 1601
This regulation implements the requirements of the Home Mortgage Disclosure Act (12 U.S.C. 2801
This regulation carries out the purposes of the Electronic Fund Transfer Act (15 U.S.C. 1693
This regulation implements the consumer leasing provisions of the Truth in Lending Act (12 U.S.C. 1601
This regulation implements the Truth in Lending Act (15 U.S.C. 1601
This regulation implements the Expedited Funds Availability Act (12 U.S.C. 4001-4010) and the Check Clearing for the 21st Century Act (12 U.S.C. 5001-5018). The regulation contains: Rules regarding the duty of banks to make funds deposited into accounts available for withdrawal, including availability schedules and the disclosure of funds availability practices; rules to expedite the collection and return of checks by banks; and general provisions relating to substitute checks, including the disclosure and notices that banks must provide.
This regulation implements the Truth in Savings Act (12 U.S.C. 4301
(a) Whether the collection of information is necessary for the proper performance of the functions of the OCC, including whether the information has practical utility;
(b) The accuracy of the OCC's estimate of the information collection burden;
(c) Ways to enhance the quality, utility, and clarity of the information to be collected;
(d) Ways to minimize the burden of the collection on respondents, including through the use of automated collection techniques or other forms of information technology; and
(e) Estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information.
Office of Foreign Assets Control, Treasury.
Notice.
The U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC) is publishing the names of 19 persons whose property and interests in property have been unblocked pursuant to the Foreign Narcotics Kingpin Designation Act (Kingpin Act), 21 U.S.C. 1901-1908, or Executive Order 12978 of October 21, 1995, “Blocking Assets and Prohibiting Transactions With Significant Narcotics Traffickers”. Additionally, OFAC is publishing an update to the identifying information of two persons currently included in the list of Specially Designated Nationals and Blocked Persons (SDN List).
OFAC's actions described in this notice were effective on February 23, 2017.
The Department of the Treasury's Office of Foreign Assets Control: Assistant Director for Licensing, tel.: 202-622-2480, Assistant Director for Regulatory Affairs, tel.: 202-622-4855, Assistant Director for Sanctions Compliance & Evaluation, tel.: 202-622-2490; or the Department of the Treasury's Office of the Chief Counsel (Foreign Assets Control), Office of the General Counsel, tel.: 202-622-2410.
The list of Specially Designated Nationals and Blocked Persons (SDN List) and additional information concerning OFAC sanctions programs are available from OFAC's Web site at
On February 23, 2017, OFAC removed from the SDN List the persons listed below, whose property and interests in property were blocked pursuant to section 805(b) of the Kingpin Act or Executive Order 12978.
1. BORRAYO LASMIBAT, Hayron Eduardo (a.k.a. BORRAYO LISMIBAT, Eduardo); DOB 03 May 1972; citizen Guatemala; Passport 22222838 (individual) [SDNTK].
2. CIFUENTES VARGAS, Carmen Viviana, c/o INVERSIONES EN GANADERIA JESSICA, Cali, Colombia; DOB 19 Jun 1964; POB Buga, Valle, Colombia; Cedula No. 38863513 (Colombia); Passport PO67538 (Colombia) (individual) [SDNT].
3. CUELLAR SILVA, John Fredy, Calle Paseo Royal Country 5598-23, Fraccionamiento Royal Country, Zapopan, Jalisco, Mexico; Lopez Cotilla 100 Centro, Guadalajara, Jalisco C.P. 44100, Mexico; DOB 17 May 1976; POB Florencia, Caqueta, Colombia; Cedula No. 79904164 (Colombia); R.F.C. CUSJ760517HNE (Mexico) (individual) [SDNTK] (Linked To: AGRO Y COMERCIO DE SANTA BARBARA LAGROMER S. EN C.; Linked To: COMPANIA AGRO COMERCIAL CUETA S. EN C.; Linked To: INVERSIONES HUNEL LTDA.; Linked To: CASA COMERCIAL ORO RAPIDO; Linked To: PRENDA TODO, S.A. DE C.V.).
4. GUTIERREZ MOLINA, Diego Armando, c/o INVERSIONES GANADERAS Y PALMERAS S.A., Bogota, Colombia; c/o INVERSIONES GANAGRO LTDA., Villavicencio, Colombia; c/o INVERSIONES TALADRO LTDA., Villavicencio, Colombia; DOB 20 Jun 1987; POB Bogota, Colombia; Cedula No. 1032390133 (Colombia) (individual) [SDNTK].
5. LOZADA PABON, Julio Cesar, c/o AGROGANADERA LA FORTALEZA, Monterrey, Meta, Colombia; Carrera 51 No. 122-09 Apto. 102, Bogota, Colombia; Cedula No. 17323068 (Colombia) (individual) [SDNTK].
6. MARQUEZ GALLEGOS, Ma Elena (a.k.a. MARQUEZ GALLEGOS, Maria Elena), Albino Aranda 3525, Guadalajara, Jalisco 44690, Mexico; Pablo Casals # 240-24, Col. Prados Providencia, Guadalajara, Jalisco 44680, Mexico; DOB 15 Mar 1965; POB Santa Maria de los Angeles, Jalisco, Mexico; C.U.R.P. MAGE650315MJCRLL03 (Mexico) (individual) [SDNTK] (Linked To: DILAVA; Linked To: GRUPO DIJEMA, S.A. DE C.V.).
7. MEJIA ZULUAGA, Omar, Carrera 7 No. 62-43 Ap. 802, Bogota, Colombia; Carrera 14A No. 151A-06 Ap. 4-104, Bogota, Colombia; Carrera 19A No. 102-70, Bogota, Colombia; c/o AS INVERSIONES S.A., Bogota, Colombia; c/o CBM DE COLOMBIA S.A., Bogota, Colombia; c/o PRODUCTOS KIBONY S.A.S., Bogota, Colombia; c/o T & T ANDINA S.A., Bogota, Colombia; c/o C.I. PLANETA COMERCIAL S.A., Bogota, Colombia; c/o FEDERAL CAPITAL GROUP, S.A., Panama City, Panama; DOB 18 Jan 1956; POB Villahermosa, Tolima, Colombia; Cedula No. 19316392 (Colombia) (individual) [SDNTK].
1. AGROGANADERA LA FORTALEZA, Finca La Fortaleza, Monterrey, Meta, Colombia; Transversal 25 No. 41A-05, Villavicencio, Colombia; Matricula Mercantil No 158119 (Colombia) [SDNTK].
2. AS INVERSIONES S.A., Carrera 14A No. 151A-06 T4 104, Bogota, Colombia; NIT # 800224826-0 (Colombia) [SDNTK].
3. BINGOTON MILLONARIO, Sarafi 3 Avenida 13-46 Zona 1, Guatemala, Guatemala [SDNTK].
4. C.I. PLANETA COMERCIAL S.A., Carrera 11 No. 67-63 Piso 2, Bogota, Colombia; NIT # 830079228-3 (Colombia) [SDNTK].
5. CASA COMERCIAL ORO RAPIDO, Cra. 11 # 13-28, Girardot, Cundinamarca, Colombia; Matricula Mercantil No 19022 (Colombia) [SDNTK].
6. CBM DE COLOMBIA S.A., Carrera 35A No. 62-32, Bogota, Colombia; NIT # 830072893-1 (Colombia) [SDNTK].
7. COLOMBIANA DE BIOCOMBUSTIBLES S.A. (a.k.a. COLBIO), Carrera 15 No. 90-66 Int. 103, Medellin, Colombia; Calle 36A Sur No. 46A-81, Centro Comercial Metro Sur, Local 240, Envigado, Antioquia, Colombia; Km. 53 Via Santa Fe de Antioquia, Vereda Ahuyamal, Sopetran, Antioquia, Colombia; Km. 4 Via al Bagre, Caucasia, Antioquia, Colombia; Web site
8. DILAVA, Pablo Casals # 240-24, Col. Prados Providencia, Guadalajara, Jalisco 44680, Mexico; Torre Medica San Javier, Consultorio 307, Quebec 631, Col. Providencia, Guadalajara, Jalisco, Mexico; Web site
9. INVERSIONES EN GANADERIA JESSICA, Carrera 10 Este No. 7-11, Cali, Colombia; Matricula Mercantil No 281899-1 (Colombia) [SDNT].
10. PRODUCTOS KIBONY S.A.S., Carrera 35A No. 62-32, Bogota, Colombia; NIT # 830052461-6 (Colombia) [SDNTK].
11. REVOLUCIONES POR MINUTO ACELERACION S.A. (a.k.a. RPM ACELERACION), 20 Calle 26-30, Zona 10, Guatemala, Guatemala; NIT # 3197607-7 [SDNTK].
12. T & T ANDINA S.A., Carrera 69D No. 31-10, Bogota, Colombia; NIT # 830089233-3 (Colombia) [SDNTK].
Additionally, on February 23, 2017, OFAC updated the SDN List for the persons listed below, whose property and interests in property continue to be blocked pursuant to the Kingpin Act or Executive Order 12978.
1. BEDOYA LOPEZ, Gildardo de Jesus; DOB 18 Dec 1963; POB Abejorral, Antioquia, Colombia; citizen Colombia; Cedula No. 70560012 (Colombia) (individual) [SDNTK] (Linked To: REPRESENTACIONES MIDAS; Linked To: GARCES Y BEDOYA CIA. LTDA).
2. GRAJALES PUENTES, Diana Carolina, Transversal 13A No. 123-10 Int. 2 apt. 203, Bogota, Colombia; DOB 15 Mar 1979; POB La Victoria, Valle, Colombia; Cedula No. 52455790 (Colombia) (individual) [SDNT] (Linked To: SALIM S.A.; Linked To: HEBRON S.A.; Linked To: INDUSTRIAS DEL ESPIRITU SANTO S.A.; Linked To: JOSAFAT S.A.; Linked To: DOXA S.A.; Linked To: CITICAR LTDA.; Linked To: AGROPECUARIA EL NILO S.A.).
Internal Revenue Service (IRS) Treasury.
Notice of meeting.
An open meeting of the Taxpayer Advocacy Panel's Taxpayer Assistance Center Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.
The meeting will be held Thursday, March 23, 2017 and Friday, March 24, 2017.
Lisa Billups at 1-888-912-1227 or (214) 413-6523.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Taxpayer Assistance Center Project Committee will be held Thursday, March 23, 2017, from 8:00 a.m. to 4:30 p.m. Mountain Time and Friday, March 24, 2017, from 8:00 a.m. until 12:00 p.m. Mountain Time at the IRS Office, 5338 Montgomery Blvd., Albuquerque, New Mexico 87109. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Lisa Billups. For more information please contact Lisa Billups at 1-888-912-1227 or 214-413-6523, or write TAP Office 1114 Commerce Street, Dallas, TX 75242-1021, or post comments to the Web site:
Internal Revenue Service (IRS) Treasury.
Notice of meeting.
An open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.
The meeting will be held Monday, March 20, 2017 and Tuesday, March 21, 2017.
Matthew O'Sullivan at 1-888-912-1227 or (510) 907-5274.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Special Projects Committee will be held Monday, March 20, 2017, from 1:00 p.m. to 4:30 p.m. Mountain Time and Tuesday, March 21, 2017, from 8:00 a.m. until 4:30 p.m. Mountain Time at the IRS Office, 5338
Internal Revenue Service (IRS) Treasury.
Notice of meeting.
An open meeting of the Taxpayer Advocacy Panel's Notices and Correspondence Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.
The meeting will be held Thursday, March 23, 2017 and Friday, March 24, 2017.
Otis Simpson at 1-888-912-1227 or 202-317-3332.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that a meeting of the Taxpayer Advocacy Panel Notices and Correspondence Project Committee will be held Thursday, March 23, 2017, from 8:00 a.m. to 4:30 p.m. Central Time and Friday, March 24, 2017, from 8:00 a.m. until 12:00 p.m. Central Time at the IRS Office, 1919 Smith Street, Houston, TX 77001. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Otis Simpson. For more information please contact Otis Simpson at 1-888-912-1227 or 202-317-3332, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service (IRS) Treasury.
Notice of meeting.
An open meeting of the Taxpayer Advocacy Panel's Toll-Free Phone Line Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.
The meeting will be held Monday, March 20, 2017 and Tuesday, March 21, 2017.
Fred Smith at 1-888-912-1227 or 202-317-3087.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel Toll-Free Phone Line Project Committee will be held Monday, March 20, 2017, from 1:00 p.m. to 4:30 p.m. Eastern Time and Tuesday, March 21, 2017, from 8:00 a.m. until 4:30 p.m. Eastern Time at the IRS Office, 400 West Bay Street, Jacksonville, FL 32202. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Fred Smith. For more information please contact Fred Smith at 1-888-912-1227 or 202-317-3087, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
Internal Revenue Service (IRS) Treasury.
Notice of meeting.
An open meeting of the Taxpayer Advocacy Panel's Taxpayer Communications Project Committee will be conducted. The Taxpayer Advocacy Panel is soliciting public comments, ideas, and suggestions on improving customer service at the Internal Revenue Service.
The meeting will be held Thursday, March 23, 2017 and Friday, March 24, 2017.
Antoinette Ross at 1-888-912-1227 or 202-317-4110.
Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1988) that an open meeting of the Taxpayer Advocacy Panel's Taxpayer Communications Project Committee will be held Thursday, March 23, 2017, from 8:00 a.m. to 4:30 p.m. Eastern Time and Friday, March 24, 2017, from 8:00 a.m. until 12:00 p.m. Eastern Time at the IRS Office, 400 West Bay Street, Jacksonville, FL 32202. The public is invited to make oral comments or submit written statements for consideration. Due to limited time and structure of meeting, notification of intent to participate must be made with Antoinette Ross. For more information please contact Antoinette Ross at 1-888-912-1227 or 202-317-4110, or write TAP Office, 1111 Constitution Ave. NW., Room 1509, Washington, DC 20224 or contact us at the Web site:
United States Mint, Department of the Treasury
Notice.
The United States Mint announces the price of the 2017 American Liberty 225th Anniversary Gold Coin.
The full 2017 Pricing of Numismatic Gold, Commemorative Gold, and Platinum Products grid is located at
Pricing can vary weekly dependent upon the London Bullion Market Association (LBMA) Gold Price weekly average. The pricing for all United States Mint numismatic gold and platinum products is evaluated every Wednesday and is modified as necessary.
Jason Laurie, Program Manager; Numismatic and Bullion Directorate; United States Mint; 801 9th Street NW.; Washington, DC 20220; or call 202-354-7500.
31 U.S.C. 5111, 5112, and 9701.
(b) The Administrator, the Assistant Secretary, and the heads of all executive departments and agencies shall review all orders, rules, regulations, guidelines, or policies implementing or enforcing the final rule listed in subsection (a) of this section for consistency with the policy set forth in section 1 of this order and shall rescind or revise, or publish for notice and comment proposed rules rescinding or revising, those issuances, as appropriate and consistent with law and with any changes made as a result of a rulemaking proceeding undertaken pursuant to subsection (a) of this section.
(c) With respect to any litigation before the Federal courts related to the final rule listed in subsection (a) of this section, the Administrator and the Assistant Secretary shall promptly notify the Attorney General of the pending review under subsection (b) of this section so that the Attorney General may, as he deems appropriate, inform any court of such review and take such measures as he deems appropriate concerning any such litigation pending the completion of further administrative proceedings related to the rule.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
(a)
(b)
(A) strengthening HBCUs through enhanced institutional planning and development, fiscal stability, and financial management; and
(B) upgrading institutional infrastructure, including the use of technology, to ensure the long-term viability of these institutions; and
(A) strengthening HBCUs' ability to equitably participate in Federal programs and exploring new ways of improving the relationship between the Federal Government and HBCUs;
(B) fostering private-sector initiatives and public-private partnerships while promoting specific areas and centers of academic research and program-based excellence throughout HBCUs;
(C) improving the availability, dissemination, and quality of information concerning HBCUs in the public policy sphere;
(D) sharing administrative and programmatic best practices within the HBCU community;
(E) partnering with elementary and secondary education stakeholders to build a “cradle-to-college” pipeline; and
(F) convening an annual White House Summit on HBCUs to address, among other topics, matters related to the Initiative's missions and functions.
(c)
(A) establish how the agency intends to increase the capacity of HBCUs to compete effectively for grants, contracts, or cooperative agreements;
(B) identify Federal programs and initiatives where HBCUs are not well represented, and improve HBCUs' participation in those programs and initiatives; and
(C) encourage public-sector, private-sector, and community involvement in improving the overall capacity of HBCUs.
(d)
(a)
(b)
(c)
(d)
(b) This order shall apply to executive departments and agencies designated by the Secretary. Those departments and agencies shall provide timely reports and such information as is required to effectively carry out the objectives of this order.
(c) The heads of executive departments and agencies shall assist and provide information to the Board, consistent with applicable law, as may be necessary to carry out the functions of the Board. Each executive department and agency shall bear its own expenses of participating in the Initiative.
(d) Nothing in this order shall be construed to impair or otherwise affect:
(e) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(f) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Category | Regulatory Information | |
Collection | Federal Register | |
sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
Publisher | Office of the Federal Register, National Archives and Records Administration |