Federal Register Vol. 82, No.42,

Federal Register Volume 82, Issue 42 (March 6, 2017)

Page Range12503-12712
FR Document

82_FR_42
Current View
Page and SubjectPDF
82 FR 12711 - Women's History Month, 2017PDF
82 FR 12709 - Irish-American Heritage Month, 2017PDF
82 FR 12707 - American Red Cross Month, 2017PDF
82 FR 12602 - Sunshine Act MeetingPDF
82 FR 12629 - Automatic Extension of Employment Authorization Documentation for Beneficiaries Under El Salvador's Designation for Temporary Protected StatusPDF
82 FR 12556 - Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty OrdersPDF
82 FR 12553 - Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty OrderPDF
82 FR 12508 - 340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties; Delay of Effective DatePDF
82 FR 12589 - Risk Evaluation Scoping Efforts Under TSCA for Ten Chemical Substances; Reopening of Comment PeriodPDF
82 FR 12532 - Intention To Review and Rescind or Revise the Clean Water RulePDF
82 FR 12577 - Proposed Subsequent ArrangementPDF
82 FR 12637 - Certain Integrated Circuits With Voltage Regulators and Products Containing Same; Commission Determination Not To Review an Initial Determination Amending the Complaint and Notice of InvestigationPDF
82 FR 12576 - Agency Information Collection Activities; Comment Request; Evaluation of the ESSA Title I, Part C, Migrant Education Programs (Recruitment phase)PDF
82 FR 12506 - Revising Procedures for the Freedom of Information ActPDF
82 FR 12509 - Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; CorrectionsPDF
82 FR 12587 - Guthrie Natural Gas; Notice of ApplicationPDF
82 FR 12585 - Notice of Commission Staff AttendancePDF
82 FR 12577 - Notice of Commission Staff AttendancePDF
82 FR 12582 - Notice of Availability of the Draft Environmental Impact Statement for the Proposed Mountaineer Xpress and Gulf Xpress ProjectsPDF
82 FR 12703 - Agency Information Collection Activity (Wrist Conditions Disability Benefits Questionnaire (VA Form 21-0960M-16))PDF
82 FR 12703 - Agency Information Collection Activity (Neck (Cervical Spine) Conditions Disability Benefits Questionnaire (VA Form 21-0960M-13))PDF
82 FR 12702 - Agency Information Collection Activity (Ankle Conditions Disability Benefits Questionnaire (VA Form 21-0960M-2))PDF
82 FR 12567 - Submission for OMB Review; Comment RequestPDF
82 FR 12536 - Submission for OMB Review; Comment Request; Technical Data Letter of ExplanationPDF
82 FR 12535 - Notice of Correction to Federal Register Notice for 2017 Puerto Rico Census TestPDF
82 FR 12535 - Notice of Correction to Filing of Federal Register Notice for 2018 End-to-End Census Test-Address Canvassing OperationPDF
82 FR 12567 - Gulf of Mexico Fishery Management Council; Public MeetingPDF
82 FR 12566 - New England Fishery Management Council; Public MeetingPDF
82 FR 12568 - Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Pre-Assessment Webinar for Atlantic Blueline Tilefish; Public MeetingPDF
82 FR 12640 - Request for a License To Import Radioactive WastePDF
82 FR 12641 - Request for a License To Export Radioactive WastePDF
82 FR 12640 - Request To Amend a License To Import Radioactive WastePDF
82 FR 12602 - Agency Information Collection Activities; Proposed Collection; Comment Request; ExtensionPDF
82 FR 12582 - Perkins, Zac; Notice of FilingPDF
82 FR 12584 - Innovative Solar 37, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 12579 - Combined Notice of Filings #2PDF
82 FR 12586 - Combined Notice of Filings #1PDF
82 FR 12576 - Notice of Availability of Government-Owned Inventions; Available for LicensingPDF
82 FR 12544 - Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016PDF
82 FR 12564 - Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016PDF
82 FR 12551 - Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative ReviewPDF
82 FR 12632 - Endangered and Threatened Wildlife and Plants; Technical/Agency Draft Recovery Plan for the Yellowcheek DarterPDF
82 FR 12536 - Approval of Subzone Status; TopShip, LLC, Gulfport, MississippiPDF
82 FR 12536 - Foreign-Trade Zone (FTZ) 176-Rockford, Illinois, Authorization of Production Activity, Brake Parts Inc. (Automotive Parts Kitting), McHenry, IllinoisPDF
82 FR 12540 - Certain Frozen Warmwater Shrimp From Thailand; Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016PDF
82 FR 12536 - Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016PDF
82 FR 12538 - Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016PDF
82 FR 12555 - Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty OrderPDF
82 FR 12682 - Qualification of Drivers; Exemption Applications; HearingPDF
82 FR 12680 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12676 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12562 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014-2015PDF
82 FR 12550 - Certain Magnesia Carbon Bricks From the People's Republic of China: Rescission of Antidumping Duty Administrative ReviewPDF
82 FR 12558 - Initiation and Preliminary Results of Changed Circumstances Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China and Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products From the People's Republic of ChinaPDF
82 FR 12538 - Certain Hardwood Plywood Products From the People's Republic of China: Postponement of Preliminary Determination of Antidumping Duty InvestigationPDF
82 FR 12675 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12561 - Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty OrderPDF
82 FR 12592 - Information Collection Being Submitted for Review and Approval to the Office of Management and BudgetPDF
82 FR 12702 - Sanctions Action Pursuant to Executive Order 13382PDF
82 FR 12683 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12678 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12685 - Qualification of Drivers; Exemption Applications; VisionPDF
82 FR 12617 - Submission for OMB Review; 30-Day Comment Request; NCI Genomic Data Commons (GDC) Data Submission Request Form (National Cancer Institute)PDF
82 FR 12616 - Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, (National Cancer Institute)PDF
82 FR 12618 - Submission for OMB Review; 30-Day Comment Request; CTEP Support Contracts Forms and Surveys, NCI, NIHPDF
82 FR 12575 - Proposed Collection; Comment RequestPDF
82 FR 12638 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-National Armaments ConsortiumPDF
82 FR 12615 - Agency Information Collection Activities; Proposed Collection; Public Comment RequestPDF
82 FR 12594 - Incentive Auction Task Force and Media Bureau Announce Procedures for the Post-Incentive Auction Broadcast TransitionPDF
82 FR 12636 - Supplemental Environmental Impact Statement for the Cape Wind Energy Project MMAA104000PDF
82 FR 12638 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-ODVA, Inc.PDF
82 FR 12639 - Proposed Collection: Comment RequestPDF
82 FR 12639 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Open Mobile AlliancePDF
82 FR 12637 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-National Spectrum ConsortiumPDF
82 FR 12639 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-IMS Global Learning Consortium, Inc.PDF
82 FR 12641 - IFRS Taxonomy for Foreign Private Issuers That Prepare Their Financial Statements in Accordance With International Financial Reporting Standards as Issued by the International Accounting Standards BoardPDF
82 FR 12635 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 12633 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 12687 - Proposed Agency Information Collection Activities; Comment RequestPDF
82 FR 12627 - Technical Mapping Advisory CouncilPDF
82 FR 12510 - Final Flood Elevation DeterminationsPDF
82 FR 12626 - Proposed Flood Hazard DeterminationsPDF
82 FR 12613 - Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 0.05 Milligram, Was Not Withdrawn From Sale for Reasons of Safety or EffectivenessPDF
82 FR 12627 - Final Flood Hazard DeterminationsPDF
82 FR 12611 - Public Meeting on Patient-Focused Drug Development for Autism; Request for CommentsPDF
82 FR 12614 - Issuance of Priority Review Voucher; Rare Pediatric Disease ProductPDF
82 FR 12533 - Summer Food Service Program; 2017 Reimbursement RatesPDF
82 FR 12625 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
82 FR 12624 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
82 FR 12623 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
82 FR 12622 - Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and LaboratoryPDF
82 FR 12674 - Notice of Determinations; Culturally Significant Object Imported for Exhibition Determinations: “Egypt-Greece-Rome: Cultures in Contact” ExhibitionPDF
82 FR 12533 - Submission for OMB Review; Comment RequestPDF
82 FR 12588 - Combined Notice of Filings #2PDF
82 FR 12587 - MS Solar 2, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 AuthorizationPDF
82 FR 12577 - Steppe Petroleum USA Inc., Bakken Hunter, LLC; Notice of ApplicationPDF
82 FR 12582 - Combined Notice of Filings #1PDF
82 FR 12580 - Combined Notice of Filings #1PDF
82 FR 12586 - Combined Notice of FilingsPDF
82 FR 12581 - Records Governing Off-the-Record Communications; Public NoticePDF
82 FR 12585 - MPLX Ozark Pipe Line LLC; Notice of Petiton for Declaratory OrderPDF
82 FR 12578 - Combined Notice of Filings #2PDF
82 FR 12588 - Combined Notice of Filings #1PDF
82 FR 12662 - Touchstone Investment Trust, et al.; Notice of ApplicationPDF
82 FR 12658 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to the Co-Location Services Offered by the Exchange Adding a Wireless Connection to Toronto Stock Exchange (TSX) Third Party DataPDF
82 FR 12667 - Self-Regulatory Organizations; Chicago Board Options Exchange, Incorporated; Notice of Filing of a Proposed Rule Change Related to Unusual Market ConditionsPDF
82 FR 12642 - Self-Regulatory Organizations; New York Stock Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Amend Rule 103BPDF
82 FR 12656 - Self-Regulatory Organizations; Miami International Securities Exchange LLC; Notice of Filing and Immediate Effectiveness of a Proposed Rule Change To Amend MIAX Options Rule 519, MIAX Order MonitorPDF
82 FR 12649 - Self-Regulatory Organizations; The NASDAQ Stock Market LLC; Notice of Filing of Proposed Rule Change To Adopt Rule 7017PDF
82 FR 12671 - Self-Regulatory Organizations; NASDAQ PHLX LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change Related to Qualified Contingent Cross OrdersPDF
82 FR 12653 - Self-Regulatory Organizations; Investors Exchange LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change To Adopt DEEP, a New Depth of Book Market Data Feed, Rename TOPS Viewer to IEX Data Platform, and Include Depth of Book Market Data ThereinPDF
82 FR 12646 - Self-Regulatory Organizations; NYSE MKT LLC; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to the Co-Location Services Offered by the Exchange Adding a Wireless Connection to Toronto Stock Exchange (TSX) Third Party DataPDF
82 FR 12663 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing and Immediate Effectiveness of Proposed Rule Change to the Co-Location Services Offered by the Exchange Adding a Wireless Connection to Toronto Stock Exchange (TSX) Third Party DataPDF
82 FR 12634 - National Register of Historic Places; Notification of Pending Nominations and Related ActionsPDF
82 FR 12575 - Charter Renewal of Department of Defense Federal Advisory CommitteePDF
82 FR 12568 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California CoastsPDF
82 FR 12605 - Supplemental Evidence and Data Request on Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk FactorsPDF
82 FR 12673 - Nevada Disaster #NV-00044PDF
82 FR 12504 - Amendment of Class E Airspace for the Paragould, ARPDF
82 FR 12674 - Presidential Declaration of a Major Disaster for Public Assistance Only for the State of KansasPDF
82 FR 12526 - Proposed Establishment of Restricted Area R-2205 A, B, C, D, E, F, G and H, and Revocation of Restricted Area R-2205; Fairbanks, AKPDF
82 FR 12531 - DSM Biomedical; Filing of Color Additive PetitionPDF
82 FR 12529 - Proposed Establishment of Restricted Areas R-2201 A, B, C, D, E, F, G, H, and J; Fort Greely, AK.PDF
82 FR 12505 - Amendment of Class E Airspace; Mapleton, IAPDF
82 FR 12523 - Proposed Amendment and Removal of VOR Federal Airways; Eastern United StatesPDF
82 FR 12525 - Proposed Establishment of Class E Airspace; Grayling, AKPDF
82 FR 12503 - Amendment of Class E Airspace; Barter Island, AKPDF
82 FR 12522 - Proposed Amendment of VOR Federal Airways V-7 and V-67; TNPDF
82 FR 12618 - National Center for Complementary & Integrative Health; Notice of Closed MeetingPDF
82 FR 12621 - National Center for Complementary & Integrative Health; Notice of Closed MeetingPDF
82 FR 12616 - Eunice Kennedy Shriver National Institute of Child Health & Human Development; Notice of Closed MeetingPDF
82 FR 12615 - Eunice Kennedy Shriver National Institute of Child Health & Human Development; Amended Notice of MeetingPDF
82 FR 12622 - National Cancer Institute; Notice of Closed MeetingsPDF
82 FR 12618 - Center for Scientific Review; Notice of Closed MeetingsPDF
82 FR 12535 - Agenda and Notice of Public Meeting of the Maine Advisory CommitteePDF
82 FR 12614 - Meeting of the 2018 Physical Activity Guidelines Advisory CommitteePDF
82 FR 12610 - Agency Information Collection Activities; Proposed Collection; Public Comment Request; Extension of a Currently Approved Information Collection (ICR-REV); Centers for Independent Living Annual Performance Report (CILPPR); CorrectionPDF
82 FR 12589 - Granting Petitions To Add n-Propyl Bromide to the List of Hazardous Air PollutantsPDF
82 FR 12591 - Agency Information Collection Activities; Safer Choice Logo Redesign Consultations; Submitted to OMB for Review and Approval; Comment RequestPDF
82 FR 12590 - Agency Information Collection Activities; Request to Renew OMB Control No. 2070-0046 (EPA ICR No. 0794.16) Submitted to OMB for Review and Approval; Comment RequestPDF
82 FR 12610 - Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual DisabilitiesPDF
82 FR 12693 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 12691 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 12696 - Hazardous Materials: Notice of Applications for Special PermitsPDF
82 FR 12689 - Hazardous Materials: Notice of applications for special permitsPDF
82 FR 12512 - Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio LicenseesPDF
82 FR 12591 - Extension of Comment Period To Review Materials To Inform the Derivation of a Water Concentration Value for Lead in Drinking WaterPDF

Issue

82 42 Monday, March 6, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Supplemental Evidence and Data for Systematic Reviews Request: Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factor, 12605-12610 2017-04193 Agriculture Agriculture Department See

Food and Nutrition Service

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Animal Health Monitoring System; Antimicrobial Use Studies, 12533 2017-04220
Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: National Armaments Consortium, 12638-12639 2017-04250 National Spectrum Consortium, 12637-12638 2017-04243 Membership Changes under the National Cooperative Research and Production Act: IMS Global Learning Consortium, Inc., 12639 2017-04242 ODVA, Inc., 12638 2017-04246 Open Mobile Alliance, 12639 2017-04244 Census Bureau Census Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2017 Puerto Rico Census Test, 12535 2017-04297 2018 End-to-End Census Test—Address Canvassing Operation, 12535 2017-04296 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid and Children's Health Insurance Programs: Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections, 12509-12510 2017-04307 Civil Rights Civil Rights Commission NOTICES Meetings: Maine Advisory Committee, 12535 2017-04171 Commerce Commerce Department See

Census Bureau

See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Centers for Independent Living Annual Performance Report; Correction, 12610-12611 2017-04169 Meetings: Administration on Intellectual and Developmental Disabilities, President's Committee for People with Intellectual Disabilities, 12610 2017-04165 Defense Department Defense Department See

Engineers Corps

See

Navy Department

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12575-12576 2017-04251 Charter Renewals: National Security Education Board, 12575 2017-04195
Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the ESSA Title I, Part C, Migrant Education Programs (Recruitment phase), 12576-12577 2017-04309 Energy Department Energy Department See

Federal Energy Regulatory Commission

NOTICES Proposed Subsequent Arrangements, 12577 2017-04311
Engineers Engineers Corps PROPOSED RULES Intention to Review and Rescind or Revise Clean Water Rule, 12532 2017-04312 Environmental Protection Environmental Protection Agency PROPOSED RULES Intention to Review and Rescind or Revise Clean Water Rule, 12532 2017-04312 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12590-12591 2017-04166 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Safer Choice Logo Redesign Consultations, 12591-12592 2017-04167 List of Hazardous Air Pollutants: Granting Petitions to Add n-Propyl Bromide, 12589 2017-04168 Requests for Nominations: Period to Review Materials to Inform Derivation of a Water Concentration Value for Lead in Drinking Water, 12591 2017-03466 Risk Evaluation Scoping Efforts under TSCA for Ten Chemical Substances; Reopening of Comment Period, 12589-12590 2017-04316 Federal Aviation Federal Aviation Administration RULES Class E Airspace; Amendments: Barter Island, AK, 12503-12504 2017-04181 Mapleton, IA, 12505-12506 2017-04186 Paragould, AR, 12504-12505 2017-04191 PROPOSED RULES Class E Airspace; Establishments: Grayling, AK, 12525-12526 2017-04183 Establishment of Restricted Areas: R-2201 A, B, C, D, E, F, G, H, and J; Fort Greely, AK, 12529-12531 2017-04187 R-2205 A, B, C, D, E, F, G and H, and Revocation of Restricted Area R-2205; Fairbanks, AK, 12526-12529 2017-04189 VOR Federal Airways; Amendments: Eastern United States, 12523-12525 2017-04185 V-7 and V-67; TN, 12522-12523 2017-04179 Federal Communications Federal Communications Commission RULES Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees, 12512-12521 2017-03990 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12592-12594 2017-04260 Incentive Auction Task Force and Media Bureau Announce Procedures for Post-Incentive Auction Broadcast Transition, 12594-12602 2017-04248 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 12602 2017-04468 Federal Emergency Federal Emergency Management Agency RULES Flood Elevation Determinations, 12510-12512 2017-04233 NOTICES Flood Hazard Determinations, 12627-12629 2017-04230 Flood Hazard Determinations; Proposals, 12626 2017-04232 Meetings: Technical Mapping Advisory Council, 12627 2017-04234 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Guthrie Natural Gas, 12587-12588 2017-04306 Steppe Petroleum USA Inc., Bakken Hunter, LLC, 12577-12578 2017-04217 Combined Filings, 12578-12582, 12586-12589 2017-04210 2017-04211 2017-04214 2017-04215 2017-04216 2017-04219 2017-04285 2017-04286 Environmental Impact Statements; Availability, etc.: Columbia Gas Transmission, LLC; Columbia Gulf Transmission, LLC; Mountaineer Xpress and Gulf Xpress Projects, 12582-12584 2017-04303 Filings: Perkins, Zac, 12582 2017-04288 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Innovative Solar 37, LLC, 12584-12585 2017-04287 MS Solar 2, LLC, 12587 2017-04218 Petitions for Declaratory Orders: MPLX Ozark Pipe Line, LLC, 12585 2017-04212 Records Governing Off-the-Record Communications, 12581-12582 2017-04213 Staff Attendances, 12577, 12585-12586 2017-04304 2017-04305 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Hearing, 12682-12683 2017-04270 Vision, 12675-12687 2017-04256 2017-04257 2017-04258 2017-04263 2017-04268 2017-04269 Federal Railroad Federal Railroad Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12687-12689 2017-04235 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12602-12605 2017-04289 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Species: Technical/Agency Draft Recovery Plan for Yellowcheek Darter, 12632-12633 2017-04279 Food and Drug Food and Drug Administration PROPOSED RULES Color Additive Petitions: DSM Biomedical, 12531 2017-04188 NOTICES Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 0.05 Milligram, was Not Withdrawn from Sale for Reasons of Safety or Effectiveness, 12613-12614 2017-04231 Issuance of Priority Review Voucher; Rare Pediatric Disease Product, 12614 2017-04228 Meetings: Patient-Focused Drug Development for Autism, 12611-12613 2017-04229 Food and Nutrition Food and Nutrition Service NOTICES Summer Food Service Program 2017 Reimbursement Rates, 12533-12535 2017-04227 Foreign Assets Foreign Assets Control Office NOTICES Blocking or Unblocking of Persons and Properties, 12702 2017-04259 Foreign Trade Foreign-Trade Zones Board NOTICES Production Activities: Brake Parts Inc., Foreign-Trade Zone 176, Rockford, IL, 12536 2017-04276 Subzone Status; Approvals: TopShip, LLC, Gulfport, MS, 12536 2017-04277 Health and Human Health and Human Services Department See

Agency for Healthcare Research and Quality

See

Centers for Medicare & Medicaid Services

See

Community Living Administration

See

Food and Drug Administration

See

National Institutes of Health

RULES 340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties; Delay of Effective Date, 12508-12509 2017-04337 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12615 2017-04249 Meetings: 2018 Physical Activity Guidelines Advisory Committee, 12614-12615 2017-04170
Homeland Homeland Security Department See

Federal Emergency Management Agency

See

U.S. Citizenship and Immigration Services

See

U.S. Customs and Border Protection

Industry Industry and Security Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Technical Data Letter of Explanation, 12536 2017-04298 Interior Interior Department See

Fish and Wildlife Service

See

National Park Service

See

Ocean Energy Management Bureau

International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Crystalline Silicon Photovoltaic Products from People's Republic of China, 12562-12564 2017-04267 Certain Frozen Warmwater Shrimp from India, 12544-12550 2017-04282 Certain Frozen Warmwater Shrimp from Thailand, 12540-12544 2017-04275 Certain Hardwood Plywood Products from People's Republic of China, 12538 2017-04264 Certain Magnesia Carbon Bricks from People's Republic of China, 12550 2017-04266 Certain New Pneumatic Off-the-Road Tires from India, 12553-12555 2017-04432 Certain New Pneumatic Off-The-Road Tires from India and Sri Lanka, 12556-12558 2017-04433 Certain Preserved Mushrooms from People's Republic of China, 12564-12566 2017-04281 Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules; Certain Crystalline Silicon Photovoltaic Products from People's Republic of China, 12558-12561 2017-04265 Gray Portland Cement and Cement Clinker from Japan, 12561-12562 2017-04262 Large Residential Washers from Mexico, 12538-12540 2017-04272 Large Residential Washers from Republic of Korea, 12536-12538 2017-04273 Multilayered Wood Flooring from People's Republic of China, 12555-12556 2017-04271 Opportunity to Request Administrative Review, 12551-12553 2017-04280 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuits with Voltage Regulators and Products Containing Same Commission Determination Not to Review Initial Determination Amending Complaint and Notice of Investigation, 12637 2017-04310 Justice Department Justice Department See

Antitrust Division

National Endowment for the Arts National Endowment for the Arts NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12639-12640 2017-04245 National Foundation National Foundation on the Arts and the Humanities See

National Endowment for the Arts

National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Cancer Therapy Evaluation Program Support Contracts Forms and Surveys, NCI, NIH, 12618-12621 2017-04253 Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, National Cancer Institute, 12616-12617 2017-04254 National Cancer Institute Genomic Data Commons (GDC) Data Submission Request Form, 12617-12618 2017-04255 Meetings: Center for Scientific Review, 12618 2017-04172 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 12616 2017-04175 Eunice Kennedy Shriver National Institute of Child Health and Human Development; Correction, 12615-12616 2017-04174 National Cancer Institute, 12622 2017-04173 National Center for Complementary and Integrative Health, 12618, 12621-12622 2017-04176 2017-04177 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Conflict of Interest Disclosure for Nonfederal Government Individuals Who Are Candidates to Conduct Peer Reviews, 12567 2017-04299 Meetings: Fisheries of the South Atlantic; Southeast Data, Assessment, and Review; Pre-Assessment Webinar for Atlantic Blueline Tilefish, 12568 2017-04293 Gulf of Mexico Fishery Management Council, 12567-12568 2017-04295 New England Fishery Management Council, 12566-12567 2017-04294 Takes of Marine Mammals Incidental to Specified Activities: Rocky Intertidal Monitoring Surveys along Oregon and California Coasts, 12568-12575 2017-04194 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 12633-12636 2017-04199 2017-04237 2017-04238 2017-04239 Navy Navy Department NOTICES Government-Owned Inventions; Available for Licensing, 12576 2017-04283 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Licenses to Export Radioactive Waste; Correction, 12641 2017-04291 Licenses to Import Radioactive Waste; Correction, 12640-12641 2017-04290 2017-04292 Ocean Energy Management Ocean Energy Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Cape Wind Energy Project, 12636-12637 2017-04247 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Applications for Special Permits, 12689-12702 2017-04012 2017-04013 2017-04015 2017-04016 Postal Regulatory Postal Regulatory Commission RULES Revising Procedures for Freedom of Information Act, 12506-12508 2017-04308 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: American Red Cross Month (Proc. 9574), 12705-12708 2017-04503 Irish-American Heritage Month (Proc. 9575), 12709-12710 2017-04504 Women's History Month (Proc. 9576), 12711-12712 2017-04505 Securities Securities and Exchange Commission NOTICES Applications: Touchstone Investment Trust, et al., 12662-12663 2017-04209 IFRS Taxonomy: Foreign Private Issuers That Prepare their Financial Statements in Accordance with International Financial Reporting Standards as Issued by International Accounting Standards Board, 12641-12642 2017-04241 Self-Regulatory Organizations; Proposed Rule Changes: Chicago Board Options Exchange, Inc., 12667-12671 2017-04207 Investors Exchange, LLC, 12653-12656 2017-04202 Miami International Securities Exchange, LLC, 12656-12658 2017-04205 NASDAQ PHLX, LLC, 12671-12673 2017-04203 NASDAQ Stock Market, LLC, 12649-12653 2017-04204 New York Stock Exchange, LLC, 12642-12646, 12658-12662 2017-04206 2017-04208 NYSE Arca, Inc., 12663-12667 2017-04200 NYSE MKT, LLC, 12646-12649 2017-04201 Small Business Small Business Administration NOTICES Disaster Declarations: Kansas, Public Assistance Only, 12674 2017-04190 Nevada, 12673-12674 2017-04192 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition: Egypt-Greece-Rome: Cultures in Contact, 12674 2017-04221 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

See

Federal Railroad Administration

See

Pipeline and Hazardous Materials Safety Administration

Treasury Treasury Department See

Foreign Assets Control Office

U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Temporary Protected Status; Extensions and Redesignations: El Salvador, 12629-12632 2017-04454 Customs U.S. Customs and Border Protection NOTICES Commercial Gaugers and Laboratories; Accreditations and Approvals: Inspectorate America Corp., 12622-12625 2017-04222 2017-04223 2017-04224 2017-04225 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Ankle Conditions Disability Benefits Questionnaire, 12702-12703 2017-04300 Neck (Cervical Spine) Conditions Disability Benefits Questionnaire, 12703 2017-04301 Wrist Conditions Disability Benefits Questionnaire, 12703-12704 2017-04302 Separate Parts In This Issue Part II Presidential Documents, 12705-12712 2017-04503 2017-04504 2017-04505 Reader Aids

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

To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription.

82 42 Monday, March 6, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-9173; Airspace Docket No. 16-AAL-2] Amendment of Class E Airspace; Barter Island, AK AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action revises Class E airspace extending upward from 700 feet above the surface, and adjusts the airport's geographic coordinates at Barter Island LRRS Airport, Barter Island, AK. The Barter Island Borough is relocating the airport due to high maintenance caused by weather erosion. The FAA found modification of standard instrument approach and departure procedures and supporting airspace necessary for the safety and management of Instrument Flight Rules (IFR) operations at the new airport.

DATES:

Effective 0901 UTC, April 27, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11A and publication of conforming amendments.

ADDRESSES:

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

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

FOR FURTHER INFORMATION CONTACT:

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

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it revises controlled airspace at Barter Island LRRS Airport, Barter Island, AK.

History

On October 13, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM), (81 FR 70649) Docket FAA-2016-9173, to amend Class E airspace extending upward from 700 feet above the surface at the new Barter Island LRRS Airport, Barter Island, AK, to support new RNAV (GPS) to RWY 7, and RNAV (GPS) to RWY 25. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR part 71.1. The Class E airspace designation listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.911A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 revises Class E airspace extending upward from 700 feet above the surface at Barter Island LRRS Airport, Barter Island, AK. Due to oceanic erosion issues at this remote location, the North Slope Borough is relocating the airport approximately 2 miles southwest of the existing airport. The new airspace area is revised to within a 6.4-mile radius of the airport to support new instrument approach procedures for IFR operations at the airport. Additionally, the airport's geographic coordinates are revised to lat. 70°06′47″ N., long. 143°39′13″ W.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AAL AK E5 Barter Island, AK [Revised] Barter Island LRRS Airport, AK (Lat. 70°06′47″ N., long. 143°39′13″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Barter Island LRRS Airport, and that airspace extending upward from 1,200 feet above the surface within a 83-mile radius of Barter Island LRRS Airport, excluding that airspace east of 141° west longitude, and excluding that airspace that extends beyond 12 miles of the shoreline.

Issued in Seattle, Washington, on February 14, 2017. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
[FR Doc. 2017-04181 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-8835; Airspace Docket No. 16-ASW-14] Amendment of Class E Airspace for the Paragould, AR AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at Kirk Field, Paragould, AR. Decommissioning of non-directional radio beacons (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, June 22, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES:

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

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

FOR FURTHER INFORMATION CONTACT:

Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies Class E airspace at Kirk Field, Paragould, AR.

History

On August 25, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM) to modify Class E airspace extending upward from 700 feet above the surface at Kirk Field, Paragould, AR, (81 FR 58414) Docket No. FAA-2016-8835. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface within a 6.5-mile radius (increased from the 6.4-mile radius) of Kirk Field, Paragould, AR, with an extension south of the airport from the 6.5-mile radius 10.1 miles.

Airspace reconfiguration is necessary due to the decommissioning of NDBs, cancellation of NDB approaches, and implementation of RNAV procedures at this airport for the safety and management of the standard instrument approach procedures for IFR operations.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ASW AR E5 Paragould, AR [Amended] Kirk Field, AR (Lat. 36°03′50″ N., long. 90°30′33″ W.) Jonesboro VOR (Lat. 35°52′30″ N., long. 90°35′19″ W.)

That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Kirk Field, and within 3 miles each side of the 019° radial from the Jonesboro VOR extending from the 6.5-mile radius to 10.1 miles south of the airport.

Issued in Fort Worth, Texas, on February 22, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-04191 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-8834; Airspace Docket No. 16-ACE-9] Amendment of Class E Airspace; Mapleton, IA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace extending upward from 700 feet above the surface at James G. Whiting Memorial Field Airport, Mapleton, IA. Decommissioning of the Mapleton non-directional radio beacon (NDB), cancellation of NDB approaches, and implementation of area navigation (RNAV) procedures have made this action necessary for the safety and management of Instrument Flight Rules (IFR) operations at the airport.

DATES:

Effective 0901 UTC, June 22, 2017. The Director of the Federal Register approves this incorporation by reference action under Title 1, Code of Federal Regulations, part 51, subject to the annual revision of FAA Order 7400.11 and publication of conforming amendments.

ADDRESSES:

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

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

FOR FURTHER INFORMATION CONTACT:

Jeffrey Claypool, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5711.

SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it modifies Class E airspace at James G. Whiting Memorial Field Airport, Mapleton, IA.

History

On September 8, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM), (81 FR 62040) Docket No. FAA-2016-8834, to amend Class E airspace at James G. Whiting Memorial Field Airport, Mapleton, IA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

Availability and Summary of Documents for Incorporation by Reference

This document amends FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

The Rule

This amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 modifies Class E airspace extending upward from 700 feet above the surface within a 6.6-mile radius (increased from the 6.3-mile radius) of James G. Whiting Memorial Field Airport, Mapleton, IA, with an extension southwest of the airport from the 6.6-mile radius to 10.3 miles. The segment extending 10 miles northeast of the airport is removed.

Airspace reconfiguration is necessary due to the decommissioning of the Mapleton NDB, cancellation of NDB approaches, and implementation of RNAV procedures at the airport and for the safety and management of the standard instrument approach procedures for IFR operations at the airport.

Regulatory Notices and Analyses

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

Environmental Review

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

Lists of Subjects in 14 CFR Part 71

Airspace, Incorporation by reference, Navigation (air).

Adoption of the Amendment

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

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

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

§ 71.1 [Amended]
2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. ACE IA E5 Mapleton, IA [Amended] Mapleton, James G. Whiting Memorial Field Airport, IA (Lat. 42°10′42″ N., long. 95°47′37″ W.)

That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of James G. Whiting Memorial Field Airport, and within 4 miles each side of the 204° bearing from the airport extending from the 6.6-mile radius to 10.3 miles southwest of the airport.

Issued in Fort Worth, Texas, on February 22, 2017. Walter Tweedy Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-04186 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
POSTAL REGULATORY COMMISSION 39 CFR Part 3004 [Docket No. RM2017-2; Order No. 3812] Revising Procedures for the Freedom of Information Act AGENCY:

Postal Regulatory Commission.

ACTION:

Final rule.

SUMMARY:

The Commission issuing a set of rules amending existing regulations governing requests for agency records made under the Freedom of Information Act (FOIA), in accordance in with the FOIA Improvement Act of 2016.

DATES:

Effective April 5, 2017.

FOR FURTHER INFORMATION CONTACT:

David A. Trissell, General Counsel, at 202-789-6820.

SUPPLEMENTARY INFORMATION: Regulatory History 81 FR 95069 (Dec. 27, 2016) Table of Contents I. Introduction II. Background III. Review of Comments IV. Changes to Proposed Rules V. Ordering Paragraphs I. Introduction

On December 19, 2016, the Commission issued a notice of proposed rulemaking to revise its regulations governing requests for agency records made under the Freedom of Information Act (FOIA), 5 U.S.C. 552, to comply with the FOIA Improvement Act of 2016 (the Act), Public Law 114-185, 130 Stat. 538 (2016).1 For the reasons discussed below, the Commission adopts the following final rules, which include minor revisions to the proposed rules.

1 Notice of Proposed Rulemaking to Revise Procedures for the Freedom of Information Act, December 19, 2016 (Order No. 3671).

II. Background

The FOIA Improvement Act of 2016 was signed into law on June 30, 2016. Among other things, the Act expands the dispute resolution process available to requesters, limits the use of FOIA exemptions, and codifies the so-called “Rule of 3” for frequently requested records.

On December 19, 2016, the Commission issued Order No. 3671, introducing proposed revisions to its rules. As Order No. 3671 indicates, revisions to the affected sections of 39 CFR part 3004 are necessary to implement the Act.

III. Review of Comments

The Commission received two sets of comments on the proposed rules. The National Archives and Records Administration's Office of Government Information Services (OGIS) and the Public Representative submitted comments.2

2 Comments of National Archives and Records Administration on Proposed Rulemaking to Change its Freedom of Information Act Regulation, 39 CFR part 3004, Docket No. 2016-30905, January 26, 2017 (OGIS Comments); Public Representative Comments on Notice of Proposed Rulemaking to Revise Procedures for the Freedom of Information Act, January 26, 2017 (PR Comments).

A. OGIS Comments

Comments. OGIS notes that it has a statutory mandate under FOIA to offer mediation services to resolve disputes between requesters and federal agencies. OGIS Comments at 1. As part of this mission, OGIS states that it regularly monitors and comments on FOIA-related proposed rules. Id.

OGIS has reviewed the Commission's proposed rules and commends the Commission for its efforts in reviewing its disclosure policies and revising its regulations to comply with the Act. Id. OGIS also suggests two modifications to the Commission's rules related to OGIS' mediation services. Id. at 1-3.

First, OGIS suggests that the Commission clarify proposed § 3004.43, governing request responses. Id. at 2. OGIS notes that FOIA requires the Commission to notify requesters of their ability to seek dispute resolution services from the Commission's FOIA Public Liaison or OGIS when the Commission makes an adverse determination on a given request. Id. OGIS recommends that the Commission restructure proposed § 3004.43 to more clearly state that these dispute resolution services are available even when the adverse determination is not a denial. Id.

Second, OGIS recommends that the Commission supplement its rule on final denials of appeals, set out in § 3004.44(c)(1). Id. at 2-3. OGIS proposes additional language to ensure requesters are made aware that dispute resolution with OGIS is available as a non-exclusive alternative to litigation. Id.

B. Public Representative Comments

Comments. The Public Representative comments that the proposed rules are “effective in implementing the Act.” PR Comments at 2. Furthermore, she commends the Commission for clarifying how requesters can file FOIA requests with the Commission and for making its records more accessible to the public. Id. She also offers several editorial suggestions designed to provide additional clarity.

Specifically, the Public Representative recommends that proposed § 3004.13 be revised to define how the Commission determines that a record is frequently requested. Id. The proposed language replaces the words “frequently requested agency records” with “agency records that have been requested three or more times” to explicitly state the standard. Id. Furthermore, the Public Representative suggests that the Commission add corresponding language to § 3004.12(b) and (c) to make clear that the Commission will provide frequently requested records for review in its public reading room. Id.

The Public Representative also recommends that the Commission include its deadline for requesters to appeal adverse determinations in § 3004.44, the section addressing FOIA appeals. Id. at 3. The current Commission rules provide the deadline in § 3004.43(d)(3), which covers responses to FOIA requests.

IV. Changes to Proposed Rules

The Commission's final rules incorporate the commenters' suggested revisions, as well as several additional changes that the Commission determined would be prudent upon review of guidance published by the Department of Justice, Office of Information Policy (OIP).3 These changes provide greater clarity and improve the accessibility of the FOIA process. For this reason, the Commission adopts the changes in its final rules.

3 OIP issued suggested language, in template form, to assist agencies in revising their regulations on its Web site, https://www.justice.gov/oip/template-agency-foia-regulations (last updated on February 22, 2017).

The Commission accepts OGIS' proposed changes to help accommodate OGIS' statutory role as a mediator between agencies and FOIA requesters. The Commission finds that the proposed revisions will assist requesters by raising awareness that dispute resolution is available through OGIS. Furthermore, the Commission makes conforming changes to proposed § 3004.44 to clarify that administrative appeal is available even when the adverse determination is not a denial.

The Commission finds that the Public Representative's suggested changes supplement the proposed rules with additional explanation and improve their accessibility to the public. Accordingly, the Commission accepts the Public Representative's proposed changes.

The final rules also incorporate OIP's guidance on two of the FOIA request fee rules. The revisions eliminate a cross reference in proposed § 3004.52(e)(2) and revise proposed § 3004.52(f) to clarify which fees the Commission can collect when it issues a timely partial response but an untimely complete response. These changes clarify the Act's modifications to the FOIA fee structure in accordance with OIP's template.

V. Ordering Paragraphs

It is ordered:

1. Part 3004 of title 39, Code of Federal Regulations, is amended as set forth below the signature of this Order, effective 30 days after publication in the Federal Register.

2. The Secretary shall arrange for publication of this order in the Federal Register.

By the Commission.

Stacy L. Ruble, Secretary.
List of Subjects in 39 CFR Part 3004

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

For the reasons stated in the preamble, the Commission amends chapter III of title 39 of the Code of Federal Regulations as follows:

PART 3004—PUBLIC RECORDS AND FREEDOM OF INFORMATION ACT 1. The authority citation for part 3004 continues to read as follows: Authority:

5 U.S.C. 552; 39 U.S.C. 503.

2. Revise § 3004.2 to read as follows:
§ 3004.2 Presumption of openness.

(a) The Commission shall be proactive and timely in identifying and posting public records and other frequently requested records to its Web site.

(b) It is the stated policy of the Commission that FOIA requests shall be administered with a clear presumption of openness. The Commission will only withhold information if it reasonably foresees that disclosure would harm an interest protected by a FOIA exemption, as enumerated in § 3004.11, or disclosure is otherwise prohibited by law.

3. Add § 3004.3 to read as follows:
§ 3004.3 How to make a request.

(a) To request Commission records, please contact the Secretary of the Commission via letter or use the online request form provided on the Commission's Web site at http://www.prc.gov/foia/onlinerequest.

(b) Requests must describe the records sought in sufficient detail to enable the Commission to locate them with a reasonable amount of effort. To the extent possible, the requests should provide any specific information that might assist the Commission in responding to the request.

(c) Requesters must provide contact information to assist the Commission in communicating with them concerning requests and responding to the request.

4. Amend § 3004.11 by revising paragraph (f) to read as follows:
§ 3004.11 Use of exemptions.

(f) Inter-agency or intra-agency memoranda or letters that would not be available by law to a party other than an agency in litigation with the agency. This exemption shall not apply to records created 25 years or more before the date on which the records were requested.

5. Amend § 3004.12 by revising paragraph (c) to read as follows:
§ 3004.12 Reading room.

(c) The Commission shall make available, in an electronic and physical reading room, records previously released under FOIA and which the Commission determines are or are likely to become of significant public interest, including agency records that have been requested three or more times.

6. Amend § 3004.13 by revising paragraph (a) to read as follows:
§ 3004.13 Notice and publication of public information.

(a) Decisions, advisory opinions, orders, public reports, and agency records that have been requested three or more times will be made available to the public by posting on the Commission's Web site at http://www.prc.gov.

7. Amend § 3004.43 by revising paragraph (a) to read as follows:
§ 3004.43 Response to requests.

(a) Within 20 days (excluding Saturdays, Sundays, and legal holidays) after receipt of a request for a Commission record, the Secretary or Assistant Secretary will notify the requester of its determination to grant or deny the request and the right to seek assistance from the Commission's FOIA Public Liaison. In the case of an adverse determination, the Commission will notify the requester of their right to appeal and right to seek dispute resolution services from the Commission's FOIA Public Liaison or the Office of Government Information Services.

8. Amend § 3004.44 by revising paragraphs (b) and (c)(1) to read as follows:
§ 3004.44 Appeals.

(b) A requester who seeks to appeal any adverse determination must file an appeal with the Commission within 1 year of the date of the Commission's response.

(c)(1) The Commission will grant or deny the appeal in writing within 20 days (excluding Saturdays, Sundays, and legal holidays) of the date the appeal is received. If on appeal the adverse determination is upheld, the Commission will notify the requester of the availability of dispute resolution services from the Office of Government Information Services as a voluntary, non-exclusive alternative to litigation and the provisions for judicial review of that determination pursuant to 5 U.S.C. 552(c).

9. Revise § 3004.45 to read as follows:
§ 3004.45 Extension of response time limit.

(a) The Commission may extend the time limit for a response to a request or appeal for up to 10 business days due to unusual circumstances, as specified in 5 U.S.C. 552(a)(6)(B)(iii). In such a case, the Commission will notify the requester in writing of the unusual circumstance causing the extension and the date by which the Commission estimates that the request can be processed.

(b) If an extension will exceed 10 business days, the Commission will:

(1) Provide the requester with an opportunity to limit the scope of the request or to arrange an alternative timeframe for processing the request or a modified request. The applicable time limits are not tolled while the Commission waits for a response from the requester under this subsection; and

(2) Make its FOIA Public Liaison available to the requester and apprise the requester of their right to seek dispute resolution services from the Office of Government Information Services.

10. Amend § 3004.52 by revising paragraph (e) and adding paragraph (f) to read as follows:
§ 3004.52 Fees—general provisions.

(e) No requester will be charged a fee after any search or response which occurs after the applicable time limits as described in §§ 3004.43 and 3004.44, unless:

(1) The Commission extends the time limit for its response due to unusual circumstances, pursuant to § 3004.45(a), and the Commission completes its response within the extension of time provided under that section; or

(2) The Commission extends the time limit for its response due to unusual circumstances and more than 5,000 pages are necessary to respond to the request and the Commission has discussed with the requester how they could effectively limit the scope of the request or made at least three good faith attempts to do so; or

(3) A court has determined that exceptional circumstances exist and excused the Commission from responding by court order.

(f) The Commission may, however, charge fees for review, and in some cases duplication, for a partial grant of a request while it reviews records that may be exempt and may be responsive to the request, so long as the partial grant is made within the applicable time limits.

[FR Doc. 2017-04308 Filed 3-3-17; 8:45 am] BILLING CODE 7710-FW-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES 42 CFR Part 10 RIN 0906-AA89 340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties; Delay of Effective Date AGENCY:

Health Resources and Services Administration (HRSA), HHS.

ACTION:

Final rule; delay of effective date.

SUMMARY:

In accordance with the memorandum of January 20, 2017, from the Assistant to the President and Chief of Staff, entitled “Regulatory Freeze Pending Review,” this action temporarily delays for 60 days from the date of the memorandum the effective date of the final rule titled “340B Drug Pricing Program Ceiling Price and Manufacturer Civil Monetary Penalties Regulation,” published in the January 5, 2017, Federal Register. This document announces that the effective date is delayed until March 21, 2017.

DATES:

Effective date: This regulation is effective March 3, 2017. The effective date of the final rule published in the January 5, 2017, Federal Register (82 FR 1210), is delayed until March 21, 2017. Compliance date: HHS recognizes that the effective date falls in the middle of a quarter. As such, HHS plans to begin enforcing the requirements of this final rule at the start of the next quarter, which begins April 1, 2017.

FOR FURTHER INFORMATION CONTACT:

CAPT Krista Pedley, Director, Office of Pharmacy Affairs (OPA), Healthcare Systems Bureau (HSB), HRSA, 5600 Fishers Lane, Mail Stop 08W05A, Rockville, MD 20857, or by telephone at 301-594-4353.

SUPPLEMENTARY INFORMATION:

The January 20, 2017 memorandum from the Assistant to the President and Chief of Staff, titled “Regulatory Freeze Pending Review,” published in the Federal Register on January 24, 2017 (82 FR 8346) instructed federal agencies to delay the effective date of rules published in the Federal Register, but which have not yet taken effect, for a period of 60 days from the date of the memorandum. The final rule sets forth the calculation of the 340B ceiling price and application of civil monetary penalties (CMPs). The effective date of that rule, which would have been March 6, 2017, is now March 21, 2017. The temporary delay in the effective date of this final rule is necessary to give Department officials the opportunity for further review and consideration of new regulations, consistent with the Assistant to the President and Chief of Staff's memorandum.

Dated: February 23, 2017. James Macrae, Acting Administrator, Health Resources and Services Administration. Approved: March 1, 2017. Thomas E. Price, Secretary, Department of Health and Human Services.
[FR Doc. 2017-04337 Filed 3-2-17; 11:15 am] BILLING CODE 4160-15-P
DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Medicare & Medicaid Services 42 CFR Part 438 [CMS-2390-F4] RIN-0938-AS25 Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections AGENCY:

Centers for Medicare & Medicaid Services (CMS), HHS.

ACTION:

Final rule; correcting amendment.

SUMMARY:

This document corrects technical errors that appeared in the correcting amendment published in the January 3, 2017 Federal Register (82 FR 37 through 40) entitled, “Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections.”

DATES:

Effective Date: This correcting document is effective March 3, 2017.

Applicability Date: The corrections indicated in this document are applicable beginning immediately.

FOR FURTHER INFORMATION CONTACT:

Elmer Barksdale, 410-786-1943, Gaysha Brooks, 410-409-3837, or Annette Brewer, 410-786-6580.

SUPPLEMENTARY INFORMATION: I. Background

In FR Doc. 2016-31650 (82 FR 37 through 40), the correcting amendment entitled, “Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections” there were technical errors that are identified and corrected in this correcting document. These corrections are applicable immediately.

II. Summary of Errors in Regulation Text

On page 39, we made technical errors in the amendatory instructions amending the regulation text of § 438.358(c)(3) and (4). Therefore, the Office of the Federal Register was not able to properly correct the regulations text as intended.

III. Waiver of Proposed Rulemaking and Delay in Effective Date

Under 5 U.S.C. 553(b) of the Administrative Procedure Act (APA), the agency is required to publish a notice of the proposed rule in the Federal Register before the provisions of a rule take effect. In addition, section 553(d) of the APA mandates a 30-day delay in effective date after issuance or publication of a rule. Sections 553(b)(B) and 553(d)(3) of the APA provide for exceptions from the APA requirement for notice and comment, and delay in effective date requirements. Section 553(b)(B) of the APA authorizes an agency to dispense with normal notice and comment rulemaking procedures for good cause if the agency makes a finding that the notice and comment process is impracticable, unnecessary, or contrary to the public interest; and includes a statement of the finding and the reasons for it in the notice.

In our view, this correcting document does not constitute a rulemaking that would be subject to these requirements. This document merely corrects technical errors in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability; Corrections correcting amendment. The corrections contained in this document are consistent with, and do not make substantive changes to, the policies and payment methodologies that were adopted subject to notice and comment procedures in the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule. As a result, the corrections made through this correcting document are intended to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the policies adopted in that rule.

Even if this were a rulemaking to which the notice and comment and delayed effective date requirements applied, we find that there is good cause to waive such requirements. Undertaking further notice and comment procedures to incorporate the corrections in this document into the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule or delaying the effective date of the corrections would be contrary to the public interest because it could result in a period of confusion about the applicability of the rules while those procedures are pending. Further, such procedures would be unnecessary, because the corrections in this document do not make substantive changes in the underlying policies but are limited to technical errors. This correcting document is intended solely to ensure that the Medicaid and Children's Health Insurance Program (CHIP) Programs; Medicaid Managed Care, CHIP Delivered in Managed Care, and Revisions Related to Third Party Liability final rule accurately reflects the final policy determinations that were set forth in the overall rulemaking record. For these reasons, we believe there is good cause to waive the requirements for notice and comment and delay in effective date.

List of Subjects in 42 CFR Part 438

Grant programs—health, Medicaid, Reporting and recordkeeping requirements.

Correction

In FR Doc. 2016-31650, published on January 3, 2017 (82 FR 37), make the following correction:

On page 39, in the third column, remove amendatory instructions 8 and 9 and their amendments to § 438.358.

Accordingly, 42 CFR chapter IV is corrected by making the following correcting amendments to part 438:

PART 438—MANAGED CARE 1. The authority citation for part 438 continues to read as follows: Authority:

Sec. 1102 of the Social Security Act (42 U.S.C. 1302).

§ 438.358 [Amended]
2. In § 438.358— a. Amend paragraph (c)(3) by removing the reference “(b)(2) of this section.” and adding in its place the reference “paragraph (b)(1)(ii) of this section.”; and b. Amend paragraph (c)(4) by removing the reference “(b)(1) of this section.” and adding in its place the reference “paragraph (b)(1)(i) of this section.”. Dated: February 28, 2017. Wilma M. Robinson, Deputy Executive Secretary to the Department, Department of Health and Human Services.
[FR Doc. 2017-04307 Filed 3-3-17; 8:45 am] BILLING CODE 4120-01-P
DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 67 [Docket ID FEMA-2017-0002] Final Flood Elevation Determinations AGENCY:

Federal Emergency Management Agency, DHS.

ACTION:

Final rule.

SUMMARY:

Base (1% annual-chance) Flood Elevations (BFEs) and modified BFEs are made final for the communities listed below. The BFEs and modified BFEs are the basis for the floodplain management measures that each community is required either to adopt or to show evidence of being already in effect in order to qualify or remain qualified for participation in the National Flood Insurance Program (NFIP).

DATES:

The date of issuance of the Flood Insurance Rate Map (FIRM) showing BFEs and modified BFEs for each community. This date may be obtained by contacting the office where the maps are available for inspection as indicated in the table below.

ADDRESSES:

The final BFEs for each community are available for inspection at the office of the Chief Executive Officer of each community. The respective addresses are listed in the table below.

FOR FURTHER INFORMATION CONTACT:

Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

SUPPLEMENTARY INFORMATION:

The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the modified BFEs for each community listed. These modified elevations have been published in newspapers of local circulation and ninety (90) days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

This final rule is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

Interested lessees and owners of real property are encouraged to review the proof Flood Insurance Study and FIRM available at the address cited below for each community. The BFEs and modified BFEs are made final in the communities listed below. Elevations at selected locations in each community are shown.

National Environmental Policy Act. FEMA has reviewed this final rule for purposes of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and has determined that this action will not have a significant effect on the human environment. This action is covered by categorical exclusions A4 and A7 identified in FEMA Instruction 108-1-1 and Department of Homeland Security (DHS) Instruction 023-01-001-01, Appendix A.

Regulatory Flexibility Act. As flood elevation determinations are not within the scope of the Regulatory Flexibility Act, 5 U.S.C. 601-612, a regulatory flexibility analysis is not required.

Regulatory Classification. This final rule is not a significant regulatory action under the criteria of section 3(f) of Executive Order 12866 of September 30, 1993, Regulatory Planning and Review, 58 FR 51735.

Executive Order 13132, Federalism. This final rule involves no policies that have federalism implications under Executive Order 13132.

Executive Order 12988, Civil Justice Reform. This final rule meets the applicable standards of Executive Order 12988.

List of Subjects in 44 CFR Part 67

Administrative practice and procedure, Flood insurance, Reporting and recordkeeping requirements.

Dated: February 16, 2017. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Federal Emergency Management Agency, Department of Homeland Security.

Accordingly, 44 CFR part 67 is amended as follows:

PART 67—[AMENDED] 1. The authority citation for part 67 continues to read as follows: Authority:

42 U.S.C. 4001 et seq.; Reorganization Plan No. 3 of 1978, 3 CFR, 1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 3 CFR, 1979 Comp., p. 376.

§ 67.11 [Amended]
2. The tables published under the authority of § 67.11 are amended as follows: Flooding source(s) Location of referenced elevation * Elevation in feet (NGVD)
  • + Elevation in feet (NAVD)
  • # Depth in feet above ground
  • ⁁ Elevation in
  • meters (MSL)
  • modified
  • Communities affected
    Panola County, Mississippi and Incorporated Areas Docket No.: FEMA-B-1158 Enid Lake Entire shoreline within community +274 Unincorporated Areas of Panola County. Fowler Creek Approximately 790 feet downstream of the railroad +188 Town of Crenshaw, Unincorporated. Approximately 180 feet upstream of Old Crenshaw Road +200 Areas of Panola County. Peters Creek Approximately 380 feet upstream of the railroad +228 Town of Courtland, Village of Pope. Approximately 1,730 feet upstream of U.S. Route 51 +231 Sardis Lake Entire shoreline within community +286 Unincorporated Areas of Panola County. Shallow Flooding An area bounded by State Highway 6 to the north, Farrish Gravel Road to the west, and State Highway 35 to the south and east #1 City of Batesville. Whitten Creek Approximately 1,085 feet downstream of Tiger Drive +236 City of Batesville. * National Geodetic Vertical Datum.
  • + North American Vertical Datum.
  • # Depth in feet above ground.
  • ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
  • ADDRESSES City of Batesville: Maps are available for inspection at City Hall, 103 College Street, Batesville, MS 38606. Town of Courtland: Maps are available for inspection at the Panola County Building Department, 245 Eureka Street, Batesville, MS 38606. Town of Crenshaw: Maps are available for inspection at the Town Hall, 600 Broad Street, Crenshaw, MS 38621. Unincorporated Areas of Panola County Maps are available for inspection at the Panola County Building Department, 245 Eureka Street, Batesville, MS 38606. Village of Pope: Maps are available for inspection at the Panola County Building Department, 245 Eureka Street, Batesville, MS 38606. Quitman County, Mississippi and Incorporated Areas Docket No.: FEMA-B-1158 Opossum Bayou Tributary Approximately 1,875 feet downstream of State Highway 3 + 153 Town of Lambert, Unincorporated. Approximately 350 feet upstream of Johnson Avenue + 156. Areas of Quitman County. * National Geodetic Vertical Datum.
  • + North American Vertical Datum.
  • # Depth in feet above ground.
  • ⁁ Mean Sea Level, rounded to the nearest 0.1 meter.
  • ADDRESSES Town of Lambert: Maps are available for inspection at the Town Hall, 831 Scott Avenue, Lambert, MS 38643. Unicorporated Areas of Quitman County: Maps are available for inspection at the Quitman County Courthouse, 220 Chestnut Street, Marks, MS 38646. Tallahatchie County, Mississippi and Incorporated Areas Docket No.: FEMA-B-1184 Hunter Creek Approximately 1,170 feet downstream of State Route 32 + 187 City of Charleston. Approximately 66 feet upstream of State Route 32 + 187 North Fork Tillatoba Creek Approximately 995 feet downstream of State Route 35 + 180 City of Charleston. Approximately 1,170 feet upstream of State Route 35 + 181 Tillatoba Creek Approximately 1,465 feet downstream of State Route 32 + 181 City of Charleston. Approximately 1.1 miles upstream of State Route 32 + 186 * National Geodetic Vertical Datum. + North American Vertical Datum. # Depth in feet above ground. ⁁ Mean Sea Level, rounded to the nearest 0.1 meter. ADDRESSES City of Charleston:
  • Maps are available for inspection at City Hall, 26 South Square Street, Charleston, MS 38921.
  • [FR Doc. 2017-04233 Filed 3-3-17; 8:45 am] BILLING CODE 9110-12-P
    FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [GN Docket No. 15-236; FCC 16-128] Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees AGENCY:

    Federal Communications Commission.

    ACTION:

    Final rule; technical amendment.

    SUMMARY:

    The Federal Communications Commission (Commission) published a document revising Commission rules applicable to foreign ownership of broadcast, common carrier, aeronautical en route and aeronautical fixed radio station licensees. Due to an error in the effective date language, the Commission's rules were prematurely removed from the CFR. This technical amendment restores these rules to the CFR.

    DATES:

    This technical amendment is effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Kimberly Cook or Francis Gutierrez, Telecommunications and Analysis Division, International Bureau, FCC, (202) 418-1460 or via email to [email protected], [email protected].

    SUPPLEMENTARY INFORMATION:

    The Federal Communications Commission (Commission) published a document in the Federal Register on December 1, 2016 (81 FR 86586) revising Commission rules applicable to foreign ownership of broadcast, common carrier, aeronautical en route and aeronautical fixed radio station licensees. Due to an inadvertent Commission error in the effective date language in the preamble of the document, the Commission's rules applicable to foreign ownership of common carrier, aeronautical en route and aeronautical fixed radio station licensees (47 CFR 1.990-1.994) were prematurely removed from the CFR effective January 30, 2017. This technical amendment restores these rules to the CFR. Upon approval of information collection requirements by the Office of Management and Budget (OMB), the Commission will publish a separate document in the Federal Register to remove 47 CFR 1.990 through 1.994 and announce the effective date of amendments to 47 CFR 1.5000 through 1.5004, 25.105, 73.1010 and 74.5.

    List of Subjects in 47 CFR Part 1

    Communications common carriers, Radio, Reporting and recordkeeping requirements, Satellites, Telecommunications.

    Federal Communications Commission. Marlene H. Dortch, Secretary.

    For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows:

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

    15 U.S.C. 79, et seq.; 47 U.S.C. 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, and 1455.

    § § 1.990 through 1.994 [Added]
    2. In subpart F, add an undesignated center heading and §§ 1.990 through 1.994 to read as follows: Foreign Ownership of Common Carrier, Aeronautical en Route, and Aeronautical Fixed Radio Station Licensees
    § 1.990 Citizenship and filing requirements under the Communications Act of 1934.

    These rules establish the requirements and conditions for obtaining the Commission's prior approval of foreign ownership in common carrier, aeronautical en route, and aeronautical fixed radio station licensees and common carrier spectrum lessees that would exceed the 25 percent benchmark in section 310(b)(4) of the Communications Act of 1934, as amended (47 U.S.C. 310(b)(4)). These rules also establish the requirements and conditions for obtaining the Commission's prior approval of foreign ownership in common carrier (but not aeronautical en route or aeronautical fixed) radio station licensees and spectrum lessees that would exceed the 20 percent limit in section 310(b)(3) of the Act (47 U.S.C. 310(b)(3)).

    (a)(1) A common carrier, aeronautical en route or aeronautical fixed radio station licensee or common carrier spectrum lessee shall file a petition for declaratory ruling to obtain Commission approval under section 310(b)(4) of the Act, and obtain such approval, before the aggregate foreign ownership of any controlling, U.S.-organized parent company exceeds, directly and/or indirectly, 25 percent of the U.S. parent's equity interests and/or 25 percent of its voting interests. An applicant for a common carrier, aeronautical en route or aeronautical fixed radio station license or common carrier spectrum leasing arrangement shall file the petition for declaratory ruling required by this paragraph at the same time that it files its application.

    Note to paragraph (a)(1):

    Paragraph (a)(1) of this section implements the Commission's foreign ownership policies under section 310(b)(4) of the Act (47 U.S.C. 310(b)(4)), for common carrier, aeronautical en route, and aeronautical fixed radio station licensees and common carrier spectrum lessees. It applies to foreign equity and/or voting interests that are held, or would be held, directly and/or indirectly in a U.S.-organized entity that itself directly or indirectly controls a common carrier, aeronautical en route, or aeronautical fixed radio station licensee or common carrier spectrum lessee. A foreign individual or entity that seeks to hold a controlling interest in such a licensee or spectrum lessee must hold its controlling interest indirectly, in a U.S.-organized entity that itself directly or indirectly controls the licensee or spectrum lessee. Such controlling interests are subject to section 310(b)(4) and the requirements of paragraph (a)(1) of this section. The Commission assesses foreign ownership interests subject to section 310(b)(4) separately from foreign ownership interests subject to section 310(b)(3).

    (2) A common carrier radio station licensee or spectrum lessee shall file a petition for declaratory ruling to obtain approval under the Commission's section 310(b)(3) forbearance approach, and obtain such approval, before aggregate foreign ownership, held through one or more intervening U.S.-organized entities that hold non-controlling equity and/or voting interests in the licensee, along with any foreign interests held directly in the licensee or spectrum lessee, exceeds 20 percent of its equity interests and/or 20 percent of its voting interests. An applicant for a common carrier radio station license or spectrum leasing arrangement shall file the petition for declaratory ruling required by this paragraph at the same time that it files its application. Foreign interests held directly in a licensee or spectrum lessee, or other than through U.S.-organized entities that hold non-controlling equity and/or voting interests in the licensee or spectrum lessee, shall not be permitted to exceed 20 percent.

    Note to paragraph (a)(2):

    Paragraph (a)(2) of this section implements the Commission's section 310(b)(3) forbearance approach adopted in the First Report and Order in IB Docket No. 11-133, FCC 12-93 (released August 17, 2012), 77 FR 50628 (Aug. 22, 2012). The section 310(b)(3) forbearance approach applies only to foreign equity and voting interests that are held, or would be held, in a common carrier licensee or spectrum lessee through one or more intervening U.S.-organized entities that do not control the licensee or spectrum lessee. Foreign equity and/or voting interests that are held, or would be held, directly in a licensee or spectrum lessee, or indirectly other than through an intervening U.S.-organized entity, are not subject to the Commission's section 310(b)(3) forbearance approach and shall not be permitted to exceed the 20 percent limit in section 310(b)(3) of the Act (47 U.S.C. 310(b)(3)).

    Example 1. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is wholly owned and controlled by U.S.-organized Corporation B. U.S.-organized Corporation B is 51 percent owned and controlled by U.S.-organized Corporation C, which is, in turn, wholly owned and controlled by foreign-organized Corporation D. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation B are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by U.S. citizens. Paragraph (a)(1) of this section requires that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of the 51 percent foreign ownership of its controlling, U.S.-organized parent, Corporation B, by foreign-organized Corporation D, which exceeds the 25 percent benchmark in section 310(b)(4) of the Act for both equity interests and voting interests. Corporation A is also required to identify and request specific approval in its petition for any foreign individual or entity, or “group,” as defined in paragraph (d) of this section, that holds directly and/or indirectly more than five percent of Corporation B's total outstanding capital stock (equity) and/or voting stock, or a controlling interest in Corporation B, unless the foreign investment is exempt under § 1.991(i)(3).

    Example 2. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is 51 percent owned and controlled by U.S.-organized Corporation B, which is, in turn, wholly owned and controlled by U.S. citizens. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation A are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by foreign-organized Corporation Y. Paragraph (a)(2) of this section requires that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of the non-controlling 49 percent foreign ownership of U.S.-organized Corporation A by foreign-organized Corporation Y through U.S.-organized Corporation X, which exceeds the 20 percent limit in section 310(b)(3) of the Act for both equity interests and voting interests. U.S.-organized Corporation A is also required to identify and request specific approval in its petition for any foreign individual or entity, or “group,” as defined in paragraph (d) of this section, that holds an equity and/or voting interest in foreign-organized Corporation Y that, when multiplied by 49 percent, would exceed five percent of U.S.-organized Corporation A's equity and/or voting interests, unless the foreign investment is exempt under § 1.991(i)(3).

    Example 3. U.S.-organized Corporation A is preparing an application to acquire a common carrier radio license by assignment from another licensee. U.S.-organized Corporation A is 51 percent owned and controlled by U.S.-organized Corporation B, which is, in turn, wholly owned and controlled by foreign-organized Corporation C. The remaining non-controlling 49 percent equity and voting interests in U.S.-organized Corporation A are held by U.S.-organized Corporation X, which is, in turn, wholly owned and controlled by foreign-organized Corporation Y. Paragraphs (a)(1) and (2) of this section require that U.S.-organized Corporation A file a petition for declaratory ruling to obtain Commission approval of foreign-organized Corporation C's 100 percent ownership interest in U.S.-organized parent, Corporation B, and of foreign-organized Corporation Y's non-controlling, 49 percent foreign ownership interest in U.S.-organized Corporation A through U.S-organized Corporation X, which exceed the 25 percent benchmark and 20 percent limit in sections 310(b)(4) and 310(b)(3) of the Act, respectively, for both equity interests and voting interests. U.S-organized Corporation A's petition also must identify and request specific approval for ownership interests held by any foreign individual, entity, or “group,” as defined in paragraph (d) of this section, to the extent required by § 1.991(i).

    (b) The petition for declaratory ruling required by paragraph (a) of this section shall be filed electronically on the Internet through the International Bureau Filing System (IBFS). For information on filing your petition through IBFS, see subpart Y of this part and the IBFS homepage at http://www.fcc.gov/ib.

    (c)(1) Each applicant, licensee, or spectrum lessee filing a petition for declaratory ruling required by paragraph (a) of this section shall certify to the information contained in the petition in accordance with the provisions of § 1.16 and the requirements of this paragraph. The certification shall include a statement that the applicant, licensee and/or spectrum lessee has calculated the ownership interests disclosed in its petition based upon its review of the Commission's rules and that the interests disclosed satisfy each of the pertinent standards and criteria set forth in the rules.

    (2) Multiple applicants and/or licensees shall file jointly the petition for declaratory ruling required by paragraph (a) of this section where the entities are under common control and contemporaneously hold, or are contemporaneously filing applications for, common carrier licenses, common carrier spectrum leasing arrangements, or aeronautical en route or aeronautical fixed radio station licenses. Where joint petitioners have different responses to the information required by § 1.991, such information should be set out separately for each joint petitioner, except as otherwise permitted in § 1.991(h)(2).

    (i) Each joint petitioner shall certify to the information contained in the petition in accordance with the provisions of § 1.16 with respect to the information that is pertinent to that petitioner. Alternatively, the controlling parent of the joint petitioners may certify to the information contained in the petition.

    (ii) Where the petition is being filed in connection with an application for consent to transfer control of licenses or spectrum leasing arrangements, the transferee or its ultimate controlling parent may file the petition on behalf of the licensees or spectrum lessees that would be acquired as a result of the proposed transfer of control and certify to the information contained in the petition.

    (3) Multiple applicants and licensees shall not be permitted to file a petition for declaratory ruling jointly unless they are under common control.

    (d) The following definitions shall apply to this section and §§ 1.991 through 1.994.

    (1) Aeronautical radio licenses refers to aeronautical en route and aeronautical fixed radio station licenses only. It does not refer to other types of aeronautical radio station licenses.

    (2) Affiliate refers to any entity that is under common control with a licensee, defined by reference to the holder, directly and/or indirectly, of more than 50 percent of total voting power, where no other individual or entity has de facto control.

    (3) Control includes actual working control in whatever manner exercised and is not limited to majority stock ownership. Control also includes direct or indirect control, such as through intervening subsidiaries.

    (4) Entity includes a partnership, association, estate, trust, corporation, limited liability company, governmental authority or other organization.

    (5) Group refers to two or more individuals or entities that have agreed to act together for the purpose of acquiring, holding, voting, or disposing of their equity and/or voting interests in the relevant licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the licensee or U.S. parent.

    (6) Individual refers to a natural person as distinguished from a partnership, association, corporation, or other organization.

    (7) Licensee as used in §§ 1.990 through 1.994 of this part includes a spectrum lessee as defined in § 1.9003.

    (8) Privately held company refers to a U.S.- or foreign-organized company that has not issued a class of equity securities for which beneficial ownership reporting is required by security holders and other beneficial owners under section 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78a et seq. (Exchange Act), and corresponding Exchange Act Rule 13d-1, 17 CFR 240.13d-1, or a substantially comparable foreign law or regulation.

    (9) Public company refers to a U.S.- or foreign-organized company that has issued a class of equity securities for which beneficial ownership reporting is required by security holders and other beneficial owners under section 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, 15 U.S.C. 78a et seq. (Exchange Act) and corresponding Exchange Act Rule 13d-1, 17 CFR 240.13d-1, or a substantially comparable foreign law or regulation.

    (10) Subsidiary refers to any entity in which a licensee owns or controls, directly and/or indirectly, more than 50 percent of the total voting power of the outstanding voting stock of the entity, where no other individual or entity has de facto control.

    (11) Voting stock refers to an entity's corporate stock, partnership or membership interests, or other equivalents of corporate stock that, under ordinary circumstances, entitles the holders thereof to elect the entity's board of directors, management committee, or other equivalent of a corporate board of directors.

    (12) Would hold as used in §§ 1.990 through 1.994 includes equity and/or voting interests that an individual or entity proposes to hold in an applicant, licensee, or spectrum lessee, or their controlling U.S. parent, upon consummation of any transactions described in the petition for declaratory ruling filed under paragraph (a)(1) or (2) of this section.

    § 1.991 Contents of petitions for declaratory ruling under the Communications Act of 1934.

    The petition for declaratory ruling required by § 1.990(a)(1) and/or § 1.990(a)(2) shall contain the following information:

    (a) With respect to each petitioning applicant or licensee, provide its name; FCC Registration Number (FRN); mailing address; place of organization; telephone number; facsimile number (if available); electronic mail address (if available); type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)); name and title of officer certifying to the information contained in the petition.

    (b) If the petitioning applicant or licensee is represented by a third party (e.g., legal counsel), specify that individual's name, the name of the firm or company, mailing address and telephone number/electronic mail address.

    (c)(1) For each named licensee, list the type(s) of radio service authorized (e.g., cellular radio telephone service; microwave radio service; mobile satellite service; aeronautical fixed service).

    (2) If the petition is filed in connection with an application for a radio station license or a spectrum leasing arrangement, or an application to acquire a license or spectrum leasing arrangement by assignment or transfer of control, specify for each named applicant:

    (i) The File No(s). of the associated application(s), if available at the time the petition is filed; otherwise, specify the anticipated filing date for each application; and

    (ii) The type(s) of radio services covered by each application (e.g., cellular radio telephone service; microwave radio service; mobile satellite service; aeronautical fixed service).

    (d) With respect to each petitioner, include a statement as to whether the petitioner is requesting a declaratory ruling under § 1.990(a)(1) and/or § 1.990(a)(2).

    (e)(1) Direct U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.990(a)(1), provide the name of any individual or entity that holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning common carrier or aeronautical radio station applicant(s) or licensee(s) as specified in paragraphs (e)(1)(i) through (e)(4)(iv) of this section.

    (2) Direct U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.990(a)(2), provide the name of any individual or entity that holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in each petitioning common carrier applicant or licensee as specified in paragraphs (e)(1)(i) through (e)(4)(ii) of this section.

    (3) Where no individual or entity holds, or would hold, directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent (for petitions filed under § 1.990(a)(1)) or in the applicant or licensee (for petitions filed under § 1.990(a)(2)), the petition shall state that no individual or entity holds or would hold directly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the U.S. parent, applicant or licensee.

    (4)(i) Where a named U.S. parent, applicant, or licensee is organized as a corporation, provide the name of any individual or entity that holds, or would hold, 10 percent or more of the outstanding capital stock and/or voting stock, or a controlling interest.

    (ii) Where a named U.S. parent, applicant, or licensee is organized as a general partnership, provide the names of the partnership's constituent general partners.

    (iii) Where a named U.S. parent, applicant, or licensee is organized as a limited partnership or limited liability partnership, provide the name(s) of the general partner(s) (in the case of a limited partnership), any uninsulated partner(s), and any insulated partner(s) with an equity interest in the partnership of at least 10 percent (calculated according to the percentage of the partner's capital contribution). With respect to each named partner (other than a named general partner), the petitioner shall state whether the partnership interest is insulated or uninsulated, based on the insulation criteria specified in § 1.993.

    (iv) Where a named U.S. parent, applicant, or licensee is organized as a limited liability company, provide the name(s) of each uninsulated member, regardless of its equity interest, any insulated member with an equity interest of at least 10 percent (calculated according to the percentage of its capital contribution), and any non-equity manager(s). With respect to each named member, the petitioner shall state whether the interest is insulated or uninsulated, based on the insulation criteria specified in § 1.993, and whether the member is a manager.

    Note to paragraph (e):

    The Commission presumes that a general partner of a general partnership or limited partnership has a controlling interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership.

    (f)(1) Indirect U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.990(a)(1), provide the name of any individual or entity that holds, or would hold, indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent of the petitioning common carrier or aeronautical radio station applicant(s) or licensee(s). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.992.

    (2) Indirect U.S. or foreign interests of ten percent or more or a controlling interest. With respect to petitions filed under § 1.990(a)(2), provide the name of any individual or entity that holds, or would hold, indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the petitioning common carrier radio station applicant(s) or licensee(s). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.992.

    (3) Where no individual or entity holds, or would hold, indirectly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the controlling U.S. parent (for petitions filed under § 1.990(a)(1)) or in the petitioning applicant(s) or licensee(s) (for petitions filed under § 1.990(a)(2)), the petition shall specify that no individual or entity holds indirectly 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the U.S. parent, applicant(s), or licensee(s).

    Note to paragraph (f):

    The Commission presumes that a general partner of a general partnership or limited partnership has a controlling interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership.

    (g) For each 10 percent interest holder named in response to paragraphs (e) and (f) of this section, specify the equity interest held and the voting interest held (each to the nearest one percent); in the case of an individual, his or her citizenship; and in the case of a business organization, its place of organization, type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)), and principal business(es).

    (h)(1) Estimate of aggregate foreign ownership. For petitions filed under § 1.990(a)(1), attach an exhibit that provides a percentage estimate of the controlling U.S. parent's aggregate direct and/or indirect foreign equity interests and its aggregate direct and/or indirect foreign voting interests. For petitions filed under § 1.990(a)(2), attach an exhibit that provides a percentage estimate of the aggregate foreign equity interests and aggregate foreign voting interests held directly in the petitioning applicant(s) and/or licensee(s), if any, and the aggregate foreign equity interests and aggregate foreign voting interests held indirectly in the petitioning applicant(s) and/or licensee(s). The exhibit required by this paragraph must also provide a general description of the methods used to determine the percentages; and a statement addressing the circumstances that prompted the filing of the petition and demonstrating that the public interest would be served by grant of the petition.

    (2) Ownership and control structure. Attach an exhibit that describes the ownership and control structure of the applicant(s) and/or licensee(s) that are the subject of the petition, including an ownership diagram and identification of the real party-in-interest disclosed in any companion applications. The ownership diagram should illustrate the petitioner's vertical ownership structure, including the controlling U.S. parent named in the petition (for petitions filed under § 1.990(a)(1)) and the direct and indirect ownership (equity and voting) interests held by the individual(s) and/or entity(ies) named in response to paragraphs (e) and (f) of this section. Each such individual or entity shall be depicted in the ownership diagram and all controlling interests labeled as such. Where the petition includes multiple petitioners, the ownership of all petitioners may be depicted in a single ownership diagram or in multiple diagrams.

    (i) Requests for specific approval. Provide, as required or permitted by this paragraph, the name of each foreign individual and/or entity for which each petitioner requests specific approval, if any, and the respective percentages of equity and/or voting interests (to the nearest one percent) that each such foreign individual or entity holds, or would hold, directly and/or indirectly, in the controlling U.S. parent of the petitioning common carrier or aeronautical radio station applicant(s) or licensee(s) for petitions filed under § 1.990(a)(1), and in each petitioning common carrier applicant or licensee for petitions filed under § 1.990(a)(2).

    (1) Each petitioning common carrier or aeronautical radio station applicant or licensee filing under § 1.990(a)(1) shall identify and request specific approval for any foreign individual, entity, or group of such individuals or entities that holds, or would hold, directly and/or indirectly, more than 5 percent of the equity and/or voting interests, or a controlling interest, in the petitioner's controlling U.S. parent unless the foreign investment is exempt under paragraph (i)(3) of this section. Equity and voting interests shall be calculated in accordance with the principles set forth in paragraphs (e) and (f) of this section and in § 1.992.

    (2) Each petitioning common carrier radio station applicant or licensee filing under § 1.990(a)(2) shall identify and request specific approval for any foreign individual, entity, or group of such individuals or entities that holds, or would hold, directly, and/or indirectly through one or more intervening U.S.-organized entities that do not control the applicant or licensee, more than 5 percent of the equity and/or voting interests in the applicant or licensee unless the foreign investment is exempt under paragraph (i)(3) of this section. Equity and voting interests shall be calculated in accordance with the principles set forth in paragraphs (e) and (f) of this section and in § 1.992.

    Note to paragraphs (i)(1) and (2):

    Two or more individuals or entities will be treated as a “group” when they have agreed to act together for the purpose of acquiring, holding, voting, or disposing of their equity and/or voting interests in the licensee and/or controlling U.S. parent of the licensee or in any intermediate company(ies) through which any of the individuals or entities holds its interests in the licensee and/or controlling U.S. parent of the licensee.

    (3) A foreign investment is exempt from the specific approval requirements of paragraphs (i)(1) and (2) of this section where:

    (i) The foreign individual or entity holds, or would hold, directly and/or indirectly, no more than 10 percent of the equity and/or voting interests of the U.S. parent (for petitions filed under § 1.990(a)(1)) or the petitioning applicant or licensee (for petitions filed under § 1.990(a)(2)); and

    (ii) The foreign individual or entity does not hold, and would not hold, a controlling interest in the petitioner or any controlling parent company, does not plan or intend to change or influence control of the petitioner or any controlling parent company, does not possess or develop any such purpose, and does not take any action having such purpose or effect. The Commission will presume, in the absence of evidence to the contrary, that the following interests satisfy this criterion for exemption from the specific approval requirements in paragraphs (i)(1) and (2) of this section:

    (A) Where the relevant licensee, controlling U.S. parent, or entity holding a direct or indirect equity and/or voting interest in the licensee or U.S. parent is a “public company,” as defined in § 1.990(d)(9), provided that the foreign holder is an institutional investor that is eligible to report its beneficial ownership interests in the company's voting, equity securities in excess of 5 percent (not to exceed 10 percent) pursuant to Exchange Act Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable foreign law or regulation. This presumption shall not apply if the foreign individual, entity or group holding such interests is obligated to report its holdings in the company pursuant to Exchange Act Rule 13d-1(a), 17 CFR 240.13d-1(a), or a substantially comparable foreign law or regulation.

    Example.

    Common carrier applicant (“Applicant”) is preparing a petition for declaratory ruling to request Commission approval for foreign ownership of its controlling, U.S.-organized parent (“U.S. Parent”) to exceed the 25 percent benchmark in section 310(b)(4) of the Act. Applicant does not currently hold any FCC licenses. Shares of U.S. Parent trade publicly on the New York Stock Exchange. Based on a shareholder survey and a review of its shareholder records, U.S. Parent has determined that its aggregate foreign ownership on any given day may exceed an aggregate 25 percent, including a six percent common stock interest held by a foreign-organized mutual fund (“Foreign Fund”). U.S. Parent has confirmed that Foreign Fund is not currently required to report its interest pursuant to Exchange Act Rule 13d-1(a) and instead is eligible to report its interest pursuant to Exchange Act Rule 13d-1(b). U.S. Parent also has confirmed that Foreign Fund does not hold any other interests in U.S. Parent's equity securities, whether of a class of voting or non-voting securities. Applicant may, but is not required to, request specific approval of Foreign Fund's six percent interest in U.S. Parent.

    Note to paragraph (i)(3)(ii)(A):

    Where an institutional investor holds voting, equity securities that are subject to reporting under Exchange Act Rule 13d-1, 17 CFR 240.13d-1, or a substantially comparable foreign law or regulation, and equity securities that are not subject to such reporting the investor's total capital stock interests may be aggregated and treated as exempt from the 5 percent specific approval requirement in paragraphs (i)(1) and (2) of this section so long as the aggregate amount of the institutional investor's holdings does not exceed ten percent of the company's total capital stock or voting rights and the investor is eligible to certify under Exchange Act Rule 13d-1(b), 17 CFR 240.13d-1(b), or a substantially comparable foreign law or regulation that it has acquired its capital stock interests in the ordinary course of business and not with the purpose nor with the effect of changing or influencing the control of the company. In calculating foreign equity and voting interests, the Commission does not consider convertible interests such as options, warrants and convertible debentures until converted, unless specifically requested by the petitioner, i.e., where the petitioner is requesting approval so those rights can be exercised in a particular case without further Commission approval.

    (B) Where the relevant licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the licensee or U.S. parent is a “privately held” corporation, as defined in § 1.990(d)(8), provided that a shareholders' agreement, or similar voting agreement, prohibits the foreign holder from becoming actively involved in the management or operation of the corporation and limits the foreign holder's voting and consent rights, if any, to the minority shareholder protections listed in paragraph (i)(5) of this section.

    (C) Where the relevant licensee, controlling U.S. parent, or entity holding a direct and/or indirect equity and/or voting interest in the licensee or U.S. parent is “privately held,” as defined in § 1.990(d)(8), and is organized as a limited partnership, limited liability company (“LLC”), or limited liability partnership (“LLP”), provided that the foreign holder is “insulated” in accordance with the criteria specified in § 1.993.

    (4) A petitioner may, but is not required to, request specific approval for any other foreign individual or entity that holds, or would hold, a direct and/or indirect equity and/or voting interest in the controlling U.S. parent (for petitions filed under § 1.990(a)(1)) or in the petitioning applicant or licensee (for petitions filed under § 1.990(a)(2)).

    (5) The minority shareholder protections referenced in paragraph (i)(3)(ii)(B) of this section consist of the following rights:

    (i) The power to prevent the sale or pledge of all or substantially all of the assets of the corporation or a voluntary filing for bankruptcy or liquidation;

    (ii) The power to prevent the corporation from entering into contracts with majority shareholders or their affiliates;

    (iii) The power to prevent the corporation from guaranteeing the obligations of majority shareholders or their affiliates;

    (iv) The power to purchase an additional interest in the corporation to prevent the dilution of the shareholder's pro rata interest in the event that the corporation issues additional instruments conveying shares in the company;

    (v) The power to prevent the change of existing legal rights or preferences of the shareholders, as provided in the charter, by-laws or other operative governance documents;

    (vi) The power to prevent the amendment of the charter, by-laws or other operative governance documents of the company with respect to the matters described in paragraphs (i)(5)(i) through (v) of this section.

    (6) The Commission reserves the right to consider, on a case-by-case basis, whether voting or consent rights over matters other than those listed in paragraph (i)(5) of this section shall be considered permissible minority shareholder protections in a particular case.

    (j) For each foreign individual or entity named in response to paragraph (i) of this section, provide the following information:

    (1) In the case of an individual, his or her citizenship and principal business(es);

    (2) In the case of a business organization:

    (i) Its place of organization, type of business organization (e.g., corporation, unincorporated association, trust, general partnership, limited partnership, limited liability company, trust, other (include description of legal entity)), and principal business(es);

    (ii) The name of any individual or entity that holds, or would hold, directly and/or indirectly, through one or more intervening entities, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the foreign entity for which the petitioner requests specific approval. Specify for each such interest holder, his or her citizenship (for individuals) or place of legal organization (for entities). Equity interests and voting interests held indirectly shall be calculated in accordance with the principles set forth in § 1.992.

    (iii) Where no individual or entity holds, or would hold, directly and/or indirectly, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, the petition shall specify that no individual or entity holds, or would hold, directly and/or indirectly, 10 percent or more of the equity interests and/or voting interests, or a controlling interest, in the foreign entity for which the petitioner requests specific approval.

    (k) Requests for advance approval. The petitioner may, but is not required to, request advance approval in its petition for any foreign individual or entity named in response to paragraph (i) of this section to increase its direct and/or indirect equity and/or voting interests in the controlling U.S. parent of the common carrier or aeronautical radio station licensee, for petitions filed under § 1.990(a)(1), and/or in the common carrier licensee, for petitions filed under § 1.990(a)(2), above the percentages specified in response to paragraph (i) of this section. Requests for advance approval shall be made as follows:

    (1) Petitions filed under § 1.990(a)(1). Where a foreign individual or entity named in response to paragraph (i) of this section holds, or would hold upon consummation of any transactions described in the petition, a de jure or de facto controlling interest in the controlling U.S. parent, the petitioner may request advance approval in its petition for the foreign individual or entity to increase its interests, at some future time, up to any amount, including 100 percent of the direct and/or indirect equity and/or voting interests in the U.S. parent. The petitioner shall specify for the named controlling foreign individual(s) or entity(ies) the maximum percentages of equity and/or voting interests for which advance approval is sought or, in lieu of a specific amount, state that the petitioner requests advance approval for the named controlling foreign individual or entity to increase its interests up to and including 100 percent of the U.S. parent's direct and/or indirect equity and/or voting interests.

    (2) Petitions filed under § 1.990(a)(1) and/or § 1.990(a)(2). Where a foreign individual or entity named in response to paragraph (i) of this section holds, or would hold upon consummation of any transactions described in the petition, a non-controlling interest in the controlling U.S. parent of the licensee, for petitions filed under § 1.990(a)(1), or in the licensee, for petitions filed under § 1.990(a)(2), the petitioner may request advance approval in its petition for the foreign individual or entity to increase its interests, at some future time, up to any non-controlling amount not to exceed 49.99 percent. The petitioner shall specify for the named foreign individual(s) or entity(ies) the maximum percentages of equity and/or voting interests for which advance approval is sought or, in lieu of a specific amount, shall state that the petitioner requests advance approval for the named foreign individual(s) or entity(ies) to increase their interests up to and including a non-controlling 49.99 percent equity and/or voting interest in the licensee, for petitions filed under § 1.990(a)(2), or in the controlling U.S. parent of the licensee, for petitions filed under § 1.990(a)(1).

    § 1.992 How to calculate indirect equity and voting interests.

    (a) The criteria specified in this section shall be used for purposes of calculating indirect equity and voting interests under § 1.991.

    (b)(1) Equity interests held indirectly in the licensee and/or controlling U.S. parent. Equity interests that are held by an individual or entity indirectly through one or more intervening entities shall be calculated by successive multiplication of the equity percentages for each link in the vertical ownership chain, regardless of whether any particular link in the chain represents a controlling interest in the company positioned in the next lower tier.

    Example. Assume that a foreign individual holds a non-controlling 30 percent equity and voting interest in U.S.-organized Corporation A which, in turn, holds a non-controlling 40 percent equity and voting interest in U.S.-organized Parent Corporation B. The foreign individual's equity interest in U.S.-organized Parent Corporation B would be calculated by multiplying the foreign individual's equity interest in U.S.-organized Corporation A by that entity's equity interest in U.S.-organized Parent Corporation B. The foreign individual's equity interest in U.S.-organized Parent Corporation B would be calculated as 12 percent (30% × 40% = 12%). The result would be the same even if U.S.-organized Corporation A held a de facto controlling interest in U.S.-organized Parent Corporation B.

    (2) Voting interests held indirectly in the licensee and/or controlling U.S. parent. Voting interests that are held by any individual or entity indirectly through one or more intervening entities will be determined depending upon the type of business organization(s) in which the individual or entity holds a voting interest as follows:

    (i) Voting interests that are held through one or more intervening corporations shall be calculated by successive multiplication of the voting percentages for each link in the vertical ownership chain, except that wherever the voting interest for any link in the chain is equal to or exceeds 50 percent or represents actual control, it shall be treated as if it were a 100 percent interest.

    Example. Assume that a foreign individual holds a non-controlling 30 percent equity and voting interest in U.S.-organized Corporation A which, in turn, holds a controlling 70 percent equity and voting interest in U.S.-organized Parent Corporation B. Because U.S.-organized Corporation A's 70 percent voting interest in U.S.-organized Parent Corporation B constitutes a controlling interest, it is treated as a 100 percent interest. The foreign individual's 30 percent voting interest in U.S.-organized Corporation A would flow through in its entirety to U.S. Parent Corporation B and thus be calculated as 30 percent (30% × 100% = 30%).

    (ii) Voting interests that are held through one or more intervening partnerships shall be calculated depending upon whether the individual or entity holds a general partnership interest, an uninsulated partnership interest, or an insulated partnership interest as specified in paragraphs (b)(2)(ii)(A) and (B) of this section.

    (A) General partnership and other uninsulated partnership interests. A general partner and uninsulated partner shall be deemed to hold the same voting interest as the partnership holds in the company situated in the next lower tier of the vertical ownership chain. A partner shall be treated as uninsulated unless the limited partnership agreement, limited liability partnership agreement, or other operative agreement satisfies the insulation criteria specified in § 1.993.

    Note to paragraph (b)(2)(ii)(A):

    The Commission presumes that a general partner of a general partnership or limited partnership has a controlling interest in the partnership. A general partner shall in all cases be deemed to hold an uninsulated interest in the partnership.

    (B) Insulated partnership interests. A partner of a limited partnership (other than a general partner) or partner of a limited liability partnership that satisfies the insulation criteria specified in § 1.993 shall be treated as an insulated partner and shall be deemed to hold a voting interest in the partnership that is equal to the partner's equity interest.

    (iii) Voting interests that are held through one or more intervening limited liability companies shall be calculated depending upon whether the individual or entity is a non-member manager, an uninsulated member or an insulated member as specified in paragraphs (b)(2)(iii)(A) and (B) of this section.

    (A) Non-member managers and uninsulated membership interests. A non-member manager and an uninsulated member of a limited liability company shall be deemed to hold the same voting interest as the limited liability company holds in the company situated in the next lower tier of the vertical ownership chain. A member shall be treated as uninsulated unless the limited liability company agreement satisfies the insulation criteria specified in § 1.993.

    (B) Insulated membership interests. A member of a limited liability company that satisfies the insulation criteria specified in § 1.993 shall be treated as an insulated member and shall be deemed to hold a voting interest in the limited liability company that is equal to the member's equity interest.

    § 1.993 Insulation criteria for interests in limited partnerships, limited liability partnerships, and limited liability companies.

    (a) A limited partner of a limited partnership and a partner of a limited liability partnership shall be treated as uninsulated within the meaning of § 1.992(b)(2)(ii)(A) unless the partner is prohibited by the limited partnership agreement, limited liability partnership agreement, or other operative agreement from, and in fact is not engaged in, active involvement in the management or operation of the partnership and only the usual and customary investor protections are contained in the partnership agreement or other operative agreement. These criteria apply to any relevant limited partnership or limited liability partnership, whether it is the licensee, a controlling U.S.-organized parent, or any partnership situated above them in the vertical chain of ownership.

    (b) A member of a limited liability company shall be treated as uninsulated for purposes of § 1.992(b)(2)(iii)(A) unless the member is prohibited by the limited liability company agreement from, and in fact is not engaged in, active involvement in the management or operation of the company and only the usual and customary investor protections are contained in the agreement. These criteria apply to any relevant limited liability company, whether it is the licensee, a controlling U.S.-organized parent, or any limited liability company situated above them in the vertical chain of ownership.

    (c) The usual and customary investor protections referred to in paragraphs (a) and (b) of this section shall consist of:

    (1) The power to prevent the sale or pledge of all or substantially all of the assets of the limited partnership, limited liability partnership, or limited liability company or a voluntary filing for bankruptcy or liquidation;

    (2) The power to prevent the limited partnership, limited liability partnership, or limited liability company from entering into contracts with majority investors or their affiliates;

    (3) The power to prevent the limited partnership, limited liability partnership, or limited liability company from guaranteeing the obligations of majority investors or their affiliates;

    (4) The power to purchase an additional interest in the limited partnership, limited liability partnership, or limited liability company to prevent the dilution of the partner's or member's pro rata interest in the event that the limited partnership, limited liability partnership, or limited liability company issues additional instruments conveying interests in the partnership or company;

    (5) The power to prevent the change of existing legal rights or preferences of the partners, members, or managers as provided in the limited partnership agreement, limited liability partnership agreement, or limited liability company agreement, or other operative agreement;

    (6) The power to vote on the removal of a general partner, managing partner, managing member, or other manager in situations where such individual or entity is subject to bankruptcy, insolvency, reorganization, or other proceedings relating to the relief of debtors; adjudicated insane or incompetent by a court of competent jurisdiction (in the case of a natural person); convicted of a felony; or otherwise removed for cause, as determined by an independent party;

    (7) The power to prevent the amendment of the limited partnership agreement, limited liability partnership agreement, or limited liability company agreement, or other organizational documents of the partnership or limited liability company with respect to the matters described in paragraphs (c)(1) through (6) of this section.

    (d) The Commission reserves the right to consider, on a case-by-case basis, whether voting or consent rights over matters other than those listed in paragraph (c) of this section shall be considered usual and customary investor protections in a particular case.

    § 1.994 Routine terms and conditions.

    Foreign ownership rulings issued pursuant to §§ 1.990 through 1.993 shall be subject to the following terms and conditions, except as otherwise specified in a particular ruling:

    (a)(1) Aggregate allowance for rulings issued under § 1.990(a)(1). In addition to the foreign ownership interests approved specifically in a licensee's declaratory ruling issued pursuant to § 1.990(a)(1), the controlling U.S.-organized parent named in the ruling (or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization) may be 100 percent owned, directly and/or indirectly through one or more U.S- or foreign-organized entities, on a going-forward basis (i.e., after issuance of the ruling) by other foreign investors without prior Commission approval. This “100 percent aggregate allowance” is subject to the requirement that the licensee seek and obtain Commission approval before any foreign individual, entity, or “group” not previously approved acquires, directly and/or indirectly, more than five percent of the U.S. parent's outstanding capital stock (equity) and/or voting stock, or a controlling interest, with the exception of any foreign individual, entity, or “group” that acquires an equity and/or voting interest of ten percent or less, provided that the interest is exempt under § 1.991(i)(3).

    (2) Aggregate allowance for rulings issued under § 1.990(a)(2). In addition to the foreign ownership interests approved specifically in a licensee's declaratory ruling issued pursuant to § 1.990(a)(2), the licensee(s) named in the ruling (or a U.S.-organized successor-in-interest formed as part of a pro forma reorganization) may be 100 percent owned on a going forward basis (i.e., after issuance of the ruling) by other foreign investors holding interests in the licensee indirectly through U.S.-organized entities that do not control the licensee, without prior Commission approval. This “100 percent aggregate allowance” is subject to the requirement that the licensee seek and obtain Commission approval before any foreign individual, entity, or “group” not previously approved acquires directly and/or indirectly, through one or more U.S.-organized entities that do not control the licensee, more than five percent of the licensee's outstanding capital stock (equity) and/or voting stock, with the exception of any foreign individual, entity, or “group” that acquires an equity and/or voting interest of ten percent or less, provided that the interest is exempt under § 1.991(i)(3). Foreign ownership interests held directly in a licensee shall not be permitted to exceed an aggregate 20 percent of the licensee's equity and/or voting interests.

    Note to Paragraph (a):

    Licensees have an obligation to monitor and stay ahead of changes in foreign ownership of their controlling U.S.-organized parent companies (for rulings issued pursuant to § 1.990(a)(1)) and/or in the licensee itself (for rulings issued pursuant to § 1.990(a)(2)), to ensure that the licensee obtains Commission approval before a change in foreign ownership renders the licensee out of compliance with the terms and conditions of its declaratory ruling(s) or the Commission's rules. Licensees, their controlling parent companies, and other entities in the licensee's vertical ownership chain may need to place restrictions in their bylaws or other organizational documents to enable the licensee to ensure compliance with the terms and conditions of its declaratory ruling(s) and the Commission's rules.

    Example 1 (for rulings issued under § 1.990(a)(1)). U.S. Corp. files an application for a common carrier license. U.S. Corp. is wholly owned and controlled by U.S. Parent, which is a newly formed, privately held Delaware corporation in which no single shareholder has de jure or de facto control. A shareholders' agreement provides that a five-member board of directors shall govern the affairs of the company; five named shareholders shall be entitled to one seat and one vote on the board; and all decisions of the board shall be determined by majority vote. The five named shareholders and their respective equity interests are as follows: Foreign Entity A, which is wholly owned and controlled by a foreign citizen (5 percent); Foreign Entity B, which is wholly owned and controlled by a foreign citizen (10 percent); Foreign Entity C, a foreign public company with no controlling shareholder (20 percent); Foreign Entity D, a foreign pension fund that is controlled by a foreign citizen and in which no individual or entity has a pecuniary interest exceeding one percent (21 percent); and U.S. Entity E, a U.S. public company with no controlling shareholder (25 percent). The remaining 19 percent of U.S. Parent's shares are held by three foreign-organized entities as follows: F (4 percent), G (6 percent), and H (9 percent). Under the shareholders' agreement, voting rights of F, G, and H are limited to the minority shareholder protections listed in § 1.991(i)(5). Further, the agreement expressly prohibits G and H from becoming actively involved in the management or operation of U.S. Parent and U.S. Corp.

    As required by the rules, U.S. Corp. files a section 310(b)(4) petition concurrently with its application. The petition identifies and requests specific approval for the ownership interests held in U.S. Parent by Foreign Entity A and its sole shareholder (5 percent equity and 20 percent voting interest); Foreign Entity B and its sole shareholder (10 percent equity and 20 percent voting interest), Foreign Entity C (20 percent equity and 20 percent voting interest), and Foreign Entity D (21 percent equity and 20 percent voting interest) and its fund manager (20 percent voting interest). The Commission's ruling specifically approves these foreign interests. The ruling also provides that, on a going-forward basis, U.S. Parent may be 100 percent owned in the aggregate, directly and/or indirectly, by other foreign investors, subject to the requirement that U.S. Corp. seek and obtain Commission approval before any previously unapproved foreign investor acquires more than five percent of U.S. Parent's equity and/or voting interests, or a controlling interest, with the exception of any foreign investor that acquires an equity and/or voting interest of ten percent or less, provided that the interest is exempt under § 1.991(i)(3).

    In this case, foreign entities F, G, and H would each be considered a previously unapproved foreign investor (along with any new foreign investors). However, prior approval for F, G and H would only apply to an increase of F's interest above five percent (because the ten percent exemption under § 1.991(i)(3) does not apply to F) or to an increase of G's or H's interest above ten percent (because G and H do qualify for this exemption). U.S. Corp. would also need Commission approval before Foreign Entity D appoints a new fund manager that is a non-U.S. citizen and before Foreign Entities A, B, C, or D increase their respective equity and/or voting interests in U.S. Parent, unless the petition previously sought and obtained Commission approval for such increases (up to non-controlling 49.99 percent interests). (See § 1.991(k)(2).) Foreign shareholders of Foreign Entity C and U.S. Entity E would also be considered previously unapproved foreign investors. Thus, Commission approval would be required before any foreign shareholder of Foreign Entity C or U.S. Entity E acquires (1) a controlling interest in either company; or (2) a non-controlling equity and/or voting interest in either company that, when multiplied by the company's equity and/or voting interests in U.S. Parent, would exceed 5 percent of U.S. Parent's equity and/or voting interests, unless the interest is exempt under § 1.991(i)(3).

    Example 2 (for rulings issued under § 1.990(a)(2)). Assume that the following three U.S.-organized entities hold non-controlling equity and voting interests in common carrier Licensee, which is a privately held corporation organized in Delaware: U.S. corporation A (30 percent); U.S. corporation B (30 percent); and U.S. corporation C (40 percent). Licensee's shareholders are wholly owned by foreign individuals X, Y, and Z, respectively. Licensee has received a declaratory ruling under § 1.990(a)(2) specifically approving the 30 percent foreign ownership interests held in Licensee by each of X and Y (through U.S. corporation A and U.S. corporation B, respectively) and the 40 percent foreign ownership interest held in Licensee by Z (through U.S. corporation C). On a going-forward basis, Licensee may be 100 percent owned in the aggregate by X, Y, Z, and other foreign investors holding interests in Licensee indirectly, through U.S.-organized entities that do not control Licensee, subject to the requirement that Licensee obtain Commission approval before any previously unapproved foreign investor acquires more than five percent of Licensee's equity and/or voting interests, with the exception of any foreign investor that acquires an equity and/or voting interest of ten percent or less, provided that the interest is exempt under § 1.991(i)(3). In this case, any foreign investor other than X, Y, and Z would be considered a previously unapproved foreign investor. Licensee would also need Commission approval before X, Y, or Z increases its equity and/or voting interests in Licensee unless the petition previously sought and obtained Commission approval for such increases (up to non-controlling 49.99 percent interests). (See § 1.991(k)(2).)

    (b) Subsidiaries and affiliates. A foreign ownership ruling issued to a licensee shall cover it and any U.S.-organized subsidiary or affiliate, as defined in § 1.990(d), whether the subsidiary or affiliate existed at the time the ruling was issued or was formed or acquired subsequently, provided that the foreign ownership of the licensee named in the ruling, and of the subsidiary and/or affiliate, remains in compliance with the terms and conditions of the licensee's ruling and the Commission's rules.

    (1) The subsidiary or affiliate of a licensee named in a foreign ownership ruling issued under § 1.990(a)(1) may rely on that ruling for purposes of filing its own application for an initial common carrier or aeronautical license or spectrum leasing arrangement, or an application to acquire such license or spectrum leasing arrangement by assignment or transfer of control provided that the subsidiary or affiliate, and the licensee named in the ruling, each certifies in the application that its foreign ownership is in compliance with the terms and conditions of the foreign ownership ruling and the Commission's rules.

    (2) The subsidiary or affiliate of a licensee named in a foreign ownership ruling issued under § 1.990(a)(2) may rely on that ruling for purposes of filing its own application for an initial common carrier radio station license or spectrum leasing arrangement, or an application to acquire such license or spectrum leasing arrangement by assignment or transfer of control provided that the subsidiary or affiliate, and the licensee named in the ruling, each certifies in the application that its foreign ownership is in compliance with the terms and conditions of the foreign ownership ruling and the Commission's rules.

    (3) The certifications required by paragraphs (b)(1) and (2) of this section shall also include the citation(s) of the relevant ruling(s) (i.e., the DA or FCC Number, FCC Record citation when available, and release date).

    (c) Insertion of new controlling foreign-organized companies. (1) Where a licensee's foreign ownership ruling specifically authorizes a named, foreign investor to hold a controlling interest in the licensee's controlling U.S.-organized parent, for rulings issued under § 1.990(a)(1), or in an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.990(a)(2), the ruling shall permit the insertion of new, controlling foreign-organized companies in the vertical ownership chain above the controlling U.S. parent, for rulings issued under § 1.990(a)(1), or above an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.990(a)(2), without prior Commission approval provided that any new foreign-organized company(ies) are under 100 percent common ownership and control with the foreign investor approved in the ruling.

    (2) Where a previously unapproved foreign-organized entity is inserted into the vertical ownership chain of a licensee, or its controlling U.S.-organized parent, without prior Commission approval pursuant to paragraph (c)(1) of this section, the licensee shall file a letter to the attention of the Chief, International Bureau, within 30 days after the insertion of the new, foreign-organized entity. The letter must include the name of the new, foreign-organized entity and a certification by the licensee that the entity complies with the 100 percent common ownership and control requirement in paragraph (c)(1) of this section. The letter must also reference the licensee's foreign ownership ruling(s) by IBFS File No. and FCC Record citation, if available. This letter notification need not be filed if the ownership change is instead the subject of a pro forma application or pro forma notification already filed with the Commission pursuant to the relevant wireless radio service rules or satellite radio service rules applicable to the licensee.

    (3) Nothing in this section is intended to affect any requirements for prior approval under 47 U.S.C. 310(d) or conditions for forbearance from the requirements of 47 U.S.C. 310(d) pursuant to 47 U.S.C. 160.

    Example (for rulings issued under § 1.990(a)(1)). Licensee receives a foreign ownership ruling under § 1.990(a)(1) that authorizes its controlling, U.S.-organized parent (“U.S. Parent A”) to be wholly owned and controlled by a foreign-organized company (“Foreign Company”). Foreign Company is minority owned (20 percent) by U.S.-organized Corporation B, with the remaining 80 percent controlling interest held by Foreign Citizen C. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Parent A. There are no other changes in the direct or indirect foreign ownership of U.S. Parent A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Parent A would not require prior Commission approval, except for any approval otherwise required pursuant to section 310(d) of the Communications Act and not exempt therefrom as a pro forma transfer of control under § 1.948(c)(1).

    Example (for rulings issued under § 1.990(a)(2)). An applicant for a common carrier license receives a foreign ownership ruling under § 1.990(a)(2) that authorizes a foreign-organized company (“Foreign Company”) to hold a non-controlling 44 percent equity and voting interest in the applicant through Foreign Company's wholly-owned, U.S.-organized subsidiary, U.S. Corporation A, which holds the non-controlling 44 percent interest directly in the applicant. The remaining 56 percent of the applicant's equity and voting interests are held by its controlling U.S.-organized parent, which has no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary to hold all of Foreign Company's shares in U.S. Corporation A. There are no other changes in the direct or indirect foreign ownership of U.S. Corporation A. The insertion of the foreign-organized subsidiary into the vertical ownership chain between Foreign Company and U.S. Corporation A would not require prior Commission approval.

    (d) Insertion of new non-controlling foreign-organized companies. (1) Where a licensee's foreign ownership ruling specifically authorizes a named, foreign investor to hold a non-controlling interest in the licensee's controlling U.S.-organized parent, for rulings issued under § 1.990(a)(1), or in an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.990(a)(2), the ruling shall permit the insertion of new, foreign-organized companies in the vertical ownership chain above the controlling U.S. parent, for rulings issued under § 1.990(a)(1), or above an intervening U.S.-organized entity that does not control the licensee, for rulings issued under § 1.990(a)(2), without prior Commission approval provided that any new foreign-organized company(ies) are under 100 percent common ownership and control with the foreign investor approved in the ruling.

    Note to Paragraph (d)(1):

    Where a licensee has received a foreign ownership ruling under § 1.990(a)(2) and the ruling specifically authorizes a named, foreign investor to hold a non-controlling interest directly in the licensee (subject to the 20 percent aggregate limit on direct foreign investment), the ruling shall permit the insertion of new, foreign-organized companies in the vertical ownership chain of the approved foreign investor without prior Commission approval provided that any new foreign-organized companies are under 100 percent common ownership and control with the approved foreign investor.

    Example (for rulings issued under § 1.990(a)(1)). Licensee receives a foreign ownership ruling under § 1.990(a)(1) that authorizes a foreign-organized company (“Foreign Company”) to hold a non-controlling 30 percent equity and voting interest in Licensee's controlling, U.S.-organized parent (“U.S. Parent A”). The remaining 70 percent equity and voting interests in U.S. Parent A are held by U.S.-organized entities which have no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Parent A. There are no other changes in the direct or indirect foreign ownership of U.S. Parent A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Parent A would not require prior Commission approval.

    Example (for rulings issued under § 1.990(a)(2)). Licensee receives a foreign ownership ruling under § 1.990(a)(2) that authorizes a foreign-organized entity (“Foreign Company”) to hold approximately 24 percent of Licensee's equity and voting interests, through Foreign Company's non-controlling 48 percent equity and voting interest in a U.S.-organized entity, U.S. Corporation A, which holds a non-controlling 49 percent equity and voting interest directly in Licensee. A U.S. citizen holds the remaining 52 percent equity and voting interests in U.S. Corporation A, and the remaining 51 percent equity and voting interests in Licensee are held by its U.S.-organized parent, which has no foreign ownership. After issuance of the ruling, Foreign Company forms a wholly-owned, foreign-organized subsidiary (“Foreign Subsidiary”) to hold all of Foreign Company's shares in U.S. Corporation A. There are no other changes in the direct or indirect foreign ownership of U.S. Corporation A. The insertion of Foreign Subsidiary into the vertical ownership chain between Foreign Company and U.S. Corporation A would not require prior Commission approval.

    (2) Where a previously unapproved foreign-organized entity is inserted into the vertical ownership chain of a licensee, or its controlling U.S.-organized parent, without prior Commission approval pursuant to paragraph (d)(1) of this section, the licensee shall file a letter to the attention of the Chief, International Bureau, within 30 days after the insertion of the new, foreign-organized entity. The letter must include the name of the new, foreign-organized entity and a certification by the licensee that the entity complies with the 100 percent common ownership and control requirement in paragraph (d)(1) of this section. The letter must also reference the licensee's foreign ownership ruling(s) by IBFS File No. and FCC Record citation, if available. This letter notification need not be filed if the ownership change is instead the subject of a pro forma application or pro forma notification already filed with the Commission pursuant to the relevant wireless radio service rules or satellite radio service rules applicable to the licensee.

    (e) New petition for declaratory ruling required. A licensee that has received a foreign ownership ruling, including a U.S.-organized successor-in-interest to such licensee formed as part of a pro forma reorganization, or any subsidiary or affiliate relying on such licensee's ruling pursuant to paragraph (b) of this section, shall file a new petition for declaratory ruling under § 1.990 to obtain Commission approval before its foreign ownership exceeds the routine terms and conditions of this section, and/or any specific terms or conditions of its ruling.

    (f)(1) Continuing compliance. If at any time the licensee, including any successor-in-interest and any subsidiary or affiliate as described in paragraph (b) of this section, knows, or has reason to know, that it is no longer in compliance with its foreign ownership ruling or the Commission's rules relating to foreign ownership, it shall file a statement with the Commission explaining the circumstances within 30 days of the date it knew, or had reason to know, that it was no longer in compliance therewith. Subsequent actions taken by or on behalf of the licensee to remedy its non-compliance shall not relieve it of the obligation to notify the Commission of the circumstances (including duration) of non-compliance. Such licensee and any controlling companies, whether U.S.- or foreign-organized, shall be subject to enforcement action by the Commission for such non-compliance, including an order requiring divestiture of the investor's direct and/or indirect interests in such entities.

    (2) Any individual or entity that, directly or indirectly, creates or uses a trust, proxy, power of attorney, or any other contract, arrangement, or device with the purpose or effect of divesting itself, or preventing the vesting, of an equity interest or voting interest in the licensee, or in a controlling U.S. parent company, as part of a plan or scheme to evade the application of the Commission's rules or policies under section 310(b) shall be subject to enforcement action by the Commission, including an order requiring divestiture of the investor's direct and/or indirect interests in such entities.

    [FR Doc. 2017-03990 Filed 3-3-17; 8:45 am] BILLING CODE 6712-01-P
    82 42 Monday, March 6, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0109; Airspace Docket No. 16-ASO-13] RIN 2120-AA66 Proposed Amendment of VOR Federal Airways V-7 and V-67; TN AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify VHF Omnidirectional Range (VOR) Federal airways V-7 and V-67, in the eastern United States due to the planned decommissioning of the Graham, TN, VORTAC navigation aid.

    DATES:

    Comments must be received on or before April 20, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1 (800) 647-5527 or (202) 366-9826. You must identify FAA Docket No. FAA-2017-0109 and Airspace Docket No. 16-ASO-13 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1 (800) 647-5527), is on the ground floor of the building at the above address.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify three air traffic service route structures in the eastern United States to maintain the efficient flow of air traffic.

    Comments Invited

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

    Communications should identify both docket numbers (FAA Docket No. FAA-2017-0109 and Airspace Docket No. 16-ASO-13) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2017-0109 and Airspace Docket No. 16-ASO-13.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal airwaysV-7, and V-67, due to the planned decommissioning of the Graham, TN, VORTAC. The proposed route changes are described below.

    V-7: V-7 extends between Dolphin, FL, and Sawyer, MI. The FAA proposes to remove the Graham, TN, VORTAC from the route. This would create a gap in the route between Muscle Shoals, AL, and Central City, KY. Therefore, the amended route would extend between Dolphin, FL, and Muscle Shoals, AL, as currently described; then between Central City, KY, and Sawyer, MI, as currently described.

    V-67: V-67 extends between Choo Choo, TN, and Rochester, MN. The FAA proposes to remove the Graham, TN, VORTAC from the route. This would create a gap in the route between Shelbyville, TN, and Cunningham, KY. Therefore, the amended route would extend between Choo Choo, TN, and Shelbyville, TN, as currently described; then between Cunningham, KY, and Rochester, MN, as currently described.

    In addition, the V-67 description incorrectly lists the state location of the Choo Choo VORTAC as “Georgia” instead of “Tennessee.” This action would correct the route description to reflect the proper state.

    Domestic VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11A, dated August 3, 2016 and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airways listed in this document would be subsequently published in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016, is amended as follows: Paragraph 6010(a) Domestic VOR Federal Airways. V-7 [Amended]

    From Dolphin, FL; INT Dolphin 299° and Lee County, FL, 120° radials; Lee County; Lakeland, FL; Cross City, FL; Seminole, FL; Wiregrass, AL; INT Wiregrass 333° and Montgomery, AL, 129° radials; Montgomery; Vulcan, AL; to Muscle Shoals, AL. From Central City, KY; Pocket City, IN; INT Pocket City 016° and Terre Haute, IN, 191° radials; Terre Haute; Boiler, IN; Chicago Heights, IL; INT Chicago Heights 358° and Falls, WI, 170° radials; Falls; Green Bay, WI; Menominee, MI; to Sawyer, MI. The airspace below 2,000 feet MSL outside the United States is excluded. The portion outside the United States has no upper limit.

    V-67 [Amended]

    From Choo Choo, TN; to Shelbyville, TN. From Cunningham, KY; Marion, IL; Centralia, IL; INT Centralia 010° and Vandalia, IL, 162° radials; Vandalia; Spinner, IL; Burlington, IA; Iowa City, IA; Cedar Rapids, IA; Waterloo, IA; Rochester, MN.

    Issued in Washington, DC, on February 21, 2017. Rodger A. Dean Jr., Acting Manager, Airspace Policy Group.
    [FR Doc. 2017-04179 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2017-0107; Airspace Docket No. 16-AEA-11] RIN 2120-AA66 Proposed Amendment and Removal of VOR Federal Airways; Eastern United States AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to modify VHF Omnidirectional Range (VOR) Federal airways V-14, V-265, V-464, and V-522; and to remove airway V-90, in the eastern United States. The modifications are required due to the planned decommissioning of the Dunkirk, NY, VORTAC navigation aid which provides navigation guidance for portions of the above routes.

    DATES:

    Comments must be received on or before April 20, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1 (800) 647-5527 or (202) 366-9826. You must identify FAA Docket No. FAA-2017-0107 and Airspace Docket No. 16-AEA-11 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1 (800) 647-5527), is on the ground floor of the building at the above address.

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

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

    FOR FURTHER INFORMATION CONTACT:

    Paul Gallant, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would modify the VOR Federal airway route structure in the eastern United States to maintain the efficient flow of air traffic.

    Comments Invited

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

    Communications should identify both docket numbers (FAA Docket No. FAA-2017-0107 and Airspace Docket No. 16-AEA-11) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket No. FAA-2017-0107 and Airspace Docket No. 16-AEA-11.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Eastern Service Center, Federal Aviation Administration, Room 210, 1701 Columbia Ave., College Park, GA 30337.

    Availability and Summary of Documents for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this proposed rule. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 71 to modify the descriptions of VOR Federal airways V-14, V-265, V-464, and V-522; and to remove V-90, due to the planned decommissioning of the Dunkirk, NY, VORTAC. The proposed route changes are described below.

    V-14: V-14 extends between Chisum, NM and Norwich, CT. The FAA proposes to remove the segments between Erie, PA, and Buffalo, NY, thus eliminating Dunkirk, NY from the route. The amended route would extend between Chisum, NM, and Erie, PA, and between Buffalo, NY, and Norwich, CT.

    V-90: V-90 extends between Salem, MI, and Dunkirk, NY. The FAA proposes to remove V-90 in its entirety.

    V-265: V-265 extends between the intersection of the Washington, DC, 043° and the Westminster, MD, 179° radials and Toronto, ON, Canada. The FAA proposes to remove the segments between Jamestown, NY, and Toronto, ON, Canada, thus terminating the northern end of the route at Jamestown, NY.

    V-464: V-464 extends from Salem, MI, through Aylmer, Ontario, Canada to Geneseo, NY. The FAA proposes to remove the segment between Aylmer, Ontario, Canada and Geneseo, NY, thus terminating the route at Aylmer, Ontario, Canada.

    V-522: V-522 extends between Dryer, OH, and Toronto, Ontario, Canada. The FAA proposes to eliminate the route segments between Erie, PA, and Toronto, Ontario, Canada. The amended route would extend between Dryer, OH, and Erie, PA.

    Domestic VOR Federal airways are published in paragraph 6010(a) of FAA Order 7400.11A, dated August 3, 2016 and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The VOR Federal airways listed in this document would be subsequently published in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016 and effective September 15, 2016, is amended as follows: Paragraph 6010(a) Domestic VOR Federal Airways. V-14 [Amended]

    From Chisum, NM; Lubbock, TX; Childress, TX; Hobart, OK; Will Rogers, OK; INT Will Rogers 052° and Tulsa, OK 246° radials; Tulsa; Neosho, MO; Springfield, MO; Vichy, MO; INT Vichy 067° and St. Louis, MO, 225° radials; St. Louis; Vandalia, IL; Terre Haute, IN; Brickyard, IN; Muncie, IN; Flag City, OH; INT Flag City 079° and Dryer, OH, 240° radials; Dryer; Jefferson, OH; to Erie, PA. From Buffalo, NY; Geneseo, NY; Georgetown, NY; INT Georgetown 093° and Albany, NY, 270° radials; Albany; INT Albany 084° and Gardner, MA, 284° radials; Gardner; to Norwich, CT.

    V-90 [Removed] V-265 [Amended]

    From INT Washington, DC, 043° and Westminster, MD, 179° radials; via Westminster;

    Harrisburg, PA; Philipsburg, PA; Keating, NY; Bradford, PA; to Jamestown, NY.

    V-464 [Amended]

    From Salem, MI; via INT Salem 082° and Aylmer, ON, Canada, 261° radials; to Aylmer, ON. The airspace within Canada is excluded.

    V-522 [Amended]

    From Dryer, OH; INT Dryer 049° and Erie, PA, 258° radials; to Erie.

    Issued in Washington, DC, on February 27, 2017. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2017-04185 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-9333; Airspace Docket No. 16-AAL-4] Proposed Establishment of Class E Airspace; Grayling, AK AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to establish Class E airspace extending upward from 700 feet above the surface at Grayling Airport, Grayling, AK to support the development of Instrument Flight Rules (IFR) operations under standard instrument approach and departure procedures at the airport, and for the safety and management of controlled airspace within the National Airspace System.

    DATES:

    Comments must be received on or before April 20, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590; telephone: 1-800-647-5527, or (202) 366-9826. You must identify FAA Docket No. FAA-2016-9333; Airspace Docket No. 16-AAL-4, at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays.

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

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

    FOR FURTHER INFORMATION CONTACT:

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

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

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

    Comments Invited

    Interested parties are invited to participate in this proposed rulemaking by submitting such written data, views, or arguments, as they may desire. Comments that provide the factual basis supporting the views and suggestions presented are particularly helpful in developing reasoned regulatory decisions on the proposal. Comments are specifically invited on the overall regulatory, aeronautical, economic, environmental, and energy-related aspects of the proposal. Communications should identify both docket numbers and be submitted in triplicate to the address listed above. Persons wishing the FAA to acknowledge receipt of their comments on this notice must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to Docket No. FAA-2016-9333/Airspace Docket No. 16-AAL-4.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office (see the ADDRESSES section for the address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except federal holidays. An informal docket may also be examined during normal business hours at the Northwest Mountain Regional Office of the Federal Aviation Administration, Air Traffic Organization, Western Service Center, Operations Support Group, 1601 Lind Avenue SW., Renton, WA 98057.

    Availability and Summary of Documents Proposed for Incorporation by Reference

    This document proposes to amend FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016. FAA Order 7400.11A is publicly available as listed in the ADDRESSES section of this document. FAA Order 7400.11A lists Class A, B, C, D, and E airspace areas, air traffic service routes, and reporting points.

    The Proposal

    The FAA is proposing an amendment to Title 14 Code of Federal Regulations (14 CFR) part 71 by establishing Class E airspace extending upward from 700 feet above the surface at Grayling Airport, Grayling, AK. This airspace is necessary to support the development of IFR operations in standard instrument approach and departure procedures at the airport. Class E airspace would be established within a 6.5-mile radius of Grayling Airport, with segments extending from the 6.5-mile radius to 8 miles northeast of the airport, and 11.2 miles south of the airport.

    Class E airspace designations are published in paragraph 6005 of FAA Order 7400.11A, dated August 3, 2016, and effective September 15, 2016, which is incorporated by reference in 14 CFR 71.1. The Class E airspace designations listed in this document will be published subsequently in the Order.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 71

    Airspace, Incorporation by reference, Navigation (air).

    The Proposed Amendment

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

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

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

    § 71.1 [Amended]
    2. The incorporation by reference in 14 CFR 71.1 of FAA Order 7400.11A, Airspace Designations and Reporting Points, dated August 3, 2016, and effective September 15, 2016, is amended as follows: Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AAL AK E5 Grayling, AK [New] Grayling Airport, Alaska (Lat. 62°53′31″ N., long. 160°03′59″ W.)

    That airspace extending upward from 700 feet above the surface within a 6.5-mile radius of Grayling Airport, and that airspace 2 miles either side of the 024° bearing from the airport extending from the 6.5-mile radius to 8 miles northeast of the airport, and that airspace 2 miles either side of 182° bearing from the airport extending from the 6.5-mile radius to 11.2 miles south of the airport.

    Issued in Seattle, Washington on February 14, 2017. Tracey Johnson, Manager, Operations Support Group, Western Service Center.
    [FR Doc. 2017-04183 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2016-9479; Airspace Docket No. 15-AAL-4] RIN 2120-AA66 Proposed Establishment of Restricted Area R-2205 A, B, C, D, E, F, G and H, and Revocation of Restricted Area R-2205; Fairbanks, AK AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    This action proposes to expand upon the current Restricted Area R-2205 by subdividing 8 separate areas in the vicinity of Fairbanks, AK, over the Digital Multipurpose Training Range (DMPTR) and the Yukon Training Area (YTA), to provide a more realistic protective airspace required for hazardous activities within the Joint Pacific Alaska Range Complex (JPARC).

    DATES:

    Comments must be received on or before April 20, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA Docket Number FAA-2016-9479 and Airspace Docket No. 15-AAL-4 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1 (800) 647-5527), is on the ground floor of the building at the above address.

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish restricted airspace at Fairbanks AK, to contain activities deemed hazardous to nonparticipating aircraft.

    Comments Invited

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

    Communications should identify both docket numbers (FAA Docket Number FAA-2016-9479 and Airspace Docket No. 15-AAL-4) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket Number FAA-2016-9479 and Airspace Docket Number 15-AAL-4.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057.

    Background

    The Air Force and Army are currently developing YTA as one of JPARC's most important training areas. Expanding R-2205 would provide larger airspace to more realistically conduct service and joint hazardous training activities, consistent with current and future combat environments. The restricted area and Surface Danger Zones (SDZ) must be large enough to encompass the DMPTR and other ranges in the YTA.

    This proposed airspace would allow for manned and unmanned teaming of aviation assets and allow Air-to-Ground Integration (AGI) during large training exercises such as Red Flag and Distant Frontier. Additionally, the expansion of the restricted area over the DMPTR would allow for greater training complexity by incorporating AGI and more consistent training due to a reduction in non-participatory aircraft over the flying range.

    The activities within the proposed expansion of R-2205 are to meet the overall training objectives of the Department of Defense. The activities would include live and inert precision and unguided munitions, unmanned aerial vehicles (UAV) laser operations, joint combined arms live fire exercises, gunnery collective skills training, demolitions, indirect fire and helicopter integration with UAVs.

    The proposed restricted area would be subdivided into segmented blocks to enable restricted area activation for only the needed block. Segments activation would reduce the impact to non-participating aircraft. Some subdivisions will overlap with existing Military Operating Areas (MOAs). Considering the new proposed restricted areas are not continuous and the MOAs are not continuous, the potential exist for both the restricted areas and MOAs to be active at the same time. To alleviate this situation, the MOA descriptions will be amended to exclude those portions that overlap into the restricted areas when the restricted areas are active at the same time as the MOAs. This proposal would provide the Air Force and the Army with the necessary expansion to meet both current and future training requirements.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 73 to remove the current Restricted area R-2205, Stuart Creek, AK, and establish R-2205A through H, Fairbanks, AK. The FAA is proposing this action at the request of the United States Army in Alaska. The proposed restricted areas are described below.

    R-2205A and E would overlap the current R-2205 with a 1-mile extension to the east along the eastern boundary and a 3-mile extension to the north along the northern boundary. The western boundary is the same as R-2205B and F. The altitudes would be from the surface up to but not including 10,000 feet MSL (R-2205A) and 10,000 feet MSL to 31,000 feet MSL (R-2205E).

    R-2205B and F would be established west of R-2205A and E and east of R-2205C/D/G/H areas. The northern and southern boundaries are the same as R-2205A and E. The altitudes would be from the surface up to but not including 10,000 feet MSL (R-2205B) and 10,000 feet MSL to 31,000 feet MSL (R-2205F).

    R-2205C and G would be established northeast and southeast of Eilson Air Force Base bordering R-2205D and H on the western boundary. The altitudes would be from the surface up to but not including 10,000 feet MSL (R-2205C) and 10,000 feet MSL to 31,000 feet MSL (R-2205G).

    R-2205D and H would be established east of Eielson Air Force Base bordering R-2205C and G to the northeast and southeast. The altitudes would be from the surface up to but not including 10,000 feet MSL (R-2205D) and 10,000 feet MSL to 31,000 feet MSL (R-2205H).

    Finally, R-2205, Stuart Creek AK would be removed.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 73 as follows:

    PART 73—SPECIAL USE AIRSPACE 1. The authority citation for part 73 continues to read as follows: Authority:

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

    § 73.22 Alaska [Amended]
    2. § 73.22 is amended as follows: R-2205 Stuart Creek, AK [Removed] R-2205A Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°45′29″ N., long. 146°47′49″ W.; to lat. 64°48′48″ N., long. 146°47′29″ W.; to lat. 64°48′47″ N., long. 146°32′14″ W.; to lat. 64°46′37″ N., long. 146°32′20″ W.; to lat. 64°46′36″ N., long. 146°10′37″ W.; to lat. 64°40′15″ N., long. 146°10′39″ W.; to lat. 64°35′48″ N., long. 146°10′40″ W.; to lat. 64°35′48″ N., long. 146°11′38″ W.; to lat. 64°33′52″ N., long. 146°19′39″ W.; to lat. 64°33′38″ N., long. 146°19′39″ W.; to lat. 64°33′38″ N., long. 146°25′35″ W.; to the point of beginning.

    Designated altitudes. Surface to but not including 10,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205B Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°45′29″ N., long. 146°47′49″ W.; to lat. 64°33′38″ N., long. 146°25′35″ W.; to lat. 64°33′38″ N., long. 146°45′18″ W.; to lat. 64°33′51″ N., long. 146°45′19″ W.; to lat. 64°33′51″ N., long. 146°46′19″ W.; to lat. 64°34′04″ N., long. 146°46′20″ W.; to lat. 64°41′10″ N., long. 146°55′00″ W.; to lat. 64°48′48″ N., long. 146°54′59″ W.; to lat. 64°48′48″ N., long. 146°47′29″ W.; to the point of beginning.

    Designated altitudes. Surface to but not including 10,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205C Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°48′48″ N., long. 146°54′59″ W.; to lat. 64°41′10″ N., long. 146°55′00″ W.; to lat. 64°34′04″ N., long. 146°46′20″ W.; to lat. 64°36′14″ N., long. 146°56′23″ W.; to lat. 64°37′47″ N., long. 146°56′23″ W.; counter-clockwise along the 4.7-mile radius of Eielson AFB; to lat. 64°43′40″ N., long. 146°59′26″ W.; to lat. 64°44′54″ N., long. 146°59′33″ W.; to lat. 64°44′54″ N., long. 146°59′56″ W.; to lat. 64°48′47″ N., long. 146°59′59″ W.; to the point of beginning.

    Designated altitudes. Surface to but not including 10,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205D Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°43′40″ N., long. 146°59′26″ W.; clockwise along the 4.7-mile radius of Eielson AFB; to lat. 64°37′47″ N., long. 146°56′23″ W.; to lat. 64°39′42″ N., long. 146°56′23″ W.; to lat. 64°39′41″ N., long. 146°57′23″ W.; to lat. 64°40′06″ N., long. 146°57′19″ W.; to lat. 64°40′09″ N., long. 147°00′19″ W.; to lat. 64°41′26″ N., long. 147°00′29″ W.; to lat. 64°41′26″ N., long. 147°02′26″ W.; to lat. 64°43′37″ N., long. 147°02′23″ W.; to the point of beginning.

    Designated altitudes. Surface to but not including 10,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205E Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°45′29″ N., long. 146°47′49″ W.; to lat. 64°48′48″ N., long. 146°47′29″ W.; to lat. 64°48′47″ N., long. 146°32′14″ W.; to lat. 64°46′37″ N., long. 146°32′20″ W.; to lat. 64°46′36″ N., long. 146°10′37″ W.; to lat. 64°40′15″ N., long. 146°10′39″ W.; to lat. 64°35′48″ N., long. 146°10′40″ W.; to lat. 64°35′48″ N., long. 146°11′38″ W.; to lat. 64°33′52″ N., long. 146°19′39″ W.; to lat. 64°33′38″ N., long. 146°19′39″ W.; to lat. 64°33′38″ N., long. 146°25′35″ W.; to the point of beginning.

    Designated altitudes. 10,000 feet MSL to FL 310.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205F Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°45′29″ N., long. 146°47′49″ W.; to lat. 64°33′38″ N., long. 146°25′35″ W.; to lat. 64°33′38″ N., long. 146°45′18″ W.; to lat. 64°33′51″ N., long. 146°45′19″ W.; to lat. 64°33′51″ N., long. 146°46′19″ W.; to lat. 64°34′04″ N., long. 146°46′20″ W.; to lat. 64°41′10″ N., long. 146°55′00″ W.; to lat. 64°48′48″ N., long. 146°54′59″ W.; to lat. 64°48′48″ N., long. 146°47′29″ W.; to the point of beginning.

    Designated altitudes. 10,000 feet MSL to FL 310.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205G Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°48′48″ N., long. 146°54′59″ W.; to lat. 64°41′10″ N., long. 146°55′00″ W.; to lat. 64°34′04″ N., long. 146°46′20″ W.; to lat. 64°36′14″ N., long. 146°56′23″ W.; to lat. 64°37′47″ N., long. 146°56′23″ W.; counter-clockwise along the 4.7-mile radius of Eielson AFB; to lat. 64°43′40″ N., long. 146°59′26″ W.; to lat. 64°44′54″ N., long. 146°59′33″ W.; to lat. 64°44′54″ N., long. 146°59′56″ W.; to lat. 64°48′47″ N., long. 146°59′59″ W.; to the point of beginning.

    Designated altitudes. 10,000 feet MSL to FL 310.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2205H Fairbanks, AK [New]

    Boundaries—Beginning at lat. 64°43′40″ N., long. 146°59′26″ W.; clockwise along the 4.7-mile radius of Eielson AFB; to lat. 64°37′47″ N., long. 146°56′23″ W.; to lat. 64°39′42″ N., long. 146°56′23″ W.; to lat. 64°39′41″ N., long. 146°57′23″ W.; to lat. 64°40′06″ N., long. 146°57′19″ W.; to lat. 64°40′09″ N., long. 147°00′19″ W.; to lat. 64°41′26″ N., long. 147°00′29″ W.; to lat. 64°41′26″ N., long. 147°02′26″ W.; to lat. 64°43′37″ N., long. 147°02′23″ W.; to the point of beginning.

    Designated altitudes. 10,000 feet MSL to FL 310.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Fairbanks Approach Control.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    Issued in Washington, DC, on February 27, 2017. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2017-04189 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 73 [Docket No. FAA-2016-9495; Airspace Docket No. 15-AAL-6] RIN 2120-AA66 Proposed Establishment of Restricted Areas R-2201 A, B, C, D, E, F, G, H, and J; Fort Greely, AK. AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    The FAA is proposing the establishment of Restricted Area R-2201A, B, C, D, E, F, G, H, and J; Fort Greely AK, on behalf of/by the United States Army Alaska (USARAK), over the Battle Area Complex (BAX) and Combined Arms Collective Training Facility (CACTF), in the vicinity of Allen Army Airfield, AK. The proposed restricted airspace would contain hazardous activities and be available for joint military use, including active, National Guard and Reserve elements.

    DATES:

    Comments must be received on or before April 20, 2017.

    ADDRESSES:

    Send comments on this proposal to the U.S. Department of Transportation, Docket Operations, 1200 New Jersey Avenue SE., West Building Ground Floor, Room W12-140, Washington, DC 20590-0001; telephone: 1 (800) 647-5527, or (202) 366-9826. You must identify FAA Docket Number FAA-2016-9495 and Airspace Docket Number 15-AAL-6 at the beginning of your comments. You may also submit comments through the Internet at http://www.regulations.gov. You may review the public docket containing the proposal, any comments received, and any final disposition in person in the Dockets Office between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. The Docket Office (telephone 1 (800) 647-5527), is on the ground floor of the building at the above address.

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Ready, Airspace Policy Group, Office of Airspace Services, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone: (202) 267-8783.

    SUPPLEMENTARY INFORMATION: Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106 describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency's authority. This rulemaking is promulgated under the authority described in Subtitle VII, Part A, Subpart I, Section 40103. Under that section, the FAA is charged with prescribing regulations to assign the use of the airspace necessary to ensure the safety of aircraft and the efficient use of airspace. This regulation is within the scope of that authority as it would establish restricted airspace in the vicinity of Allen Army Airfield, to contain activities deemed hazardous to nonparticipating aircraft.

    Comments Invited

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

    Communications should identify both docket numbers (FAA Docket Number FAA-2016-9495 and Airspace Docket Number 15-AAL-6) and be submitted in triplicate to the Docket Management Facility (see ADDRESSES section for address and phone number). You may also submit comments through the Internet at http://www.regulations.gov.

    Commenters wishing the FAA to acknowledge receipt of their comments on this action must submit with those comments a self-addressed, stamped postcard on which the following statement is made: “Comments to FAA Docket Number FAA-2016-9495 and Airspace Docket Number 15-AAL-6.” The postcard will be date/time stamped and returned to the commenter.

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

    Availability of NPRMs

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

    You may review the public docket containing the proposal, any comments received and any final disposition in person in the Dockets Office (see ADDRESSES section for address and phone number) between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal holidays. An informal docket may also be examined during normal business hours at the office of the Western Service Center, Operations Support Group, Federal Aviation Administration, 1601 Lind Ave. SW., Renton, WA 98057.

    Background

    The current BAX Controlled Firing Area (CFA) does not provide the restricted area airspace required by USARAK to conduct full spectrum helicopter gunnery training, longer range firing on target areas and integrated use of varied weapon types, during simultaneous training events. The proposed restricted airspace would provide various combat teams the area required to properly train in both open and urban terrain environments.

    Combat units would be able to incorporate enablers, such as unmanned aerial vehicles, with piloted combat aircraft engaged in aggressive combat maneuvers and indirect fires with non-explosive munitions. This proposed restricted area would also accommodate fixed wing aircraft in support of ground operations using simulations and laser engagements.

    The restricted area would provide the protection required to contain these hazardous activities and the weapons' safety footprints for the different ordnances to be used within the proposed airspace.

    The proposed restricted area is subdivided into segmented blocks to enable restricted area activation for only the needed block. Segments activation reduces the impact to non-participating aircraft. This proposal would provide the Army with the necessary expansion to meet both current and future training requirements.

    The Proposal

    The FAA is proposing an amendment to Title 14, Code of Federal Regulations (14 CFR) part 73 to establish restricted area R-2201A through H, and J; Fort Greely, AK. The FAA is proposing this action at the request of the United States Army in Alaska. The proposed restricted areas are described below.

    R-2201A, D, and G would be established one mile southeast of Allen Army Airfield and extend south and east for 3 miles. The altitudes will be from the surface up to, but not including, 6,000 feet MSL for R-2201A; 6,000 feet MSL to but not including 15,000 feet MSL for R-2201D; 15,000 feet MSL to 22,000 feet MSL for R-2201G.

    R-2201B, E, and H would be established south of R-2201A, D, and G and east of R-2202A and C. The northern boundary is the same as R-22015A, D, and G southern boundary with an extension 3 miles to the west and 2 miles to the furthest point of the eastern boundary. The altitudes will be from the surface up to but not including 6,000 feet MSL for R-2201B; 6,000 feet MSL to but not including 15,000 feet MSL for R-2201E; 15,000 feet MSL to 22,000 feet MSL for R-2201H.

    R-2201C, F, and J would be established south of R-2201B, E, and H and east of R-2202 A and C. The northern boundary is the same as R-22015B, E, and H southern boundary. The altitudes will be from the surface up to but not including 6,000 feet MSL for R-2201C; 6,000 feet MSL to but not including 15,000 feet MSL for R-2201F; 15,000 feet MSL to 22,000 feet MSL for R-2201J.

    Regulatory Notices and Analyses

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

    Environmental Review

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

    List of Subjects in 14 CFR Part 73

    Airspace, Prohibited areas, Restricted areas.

    The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation Administration proposes to amend 14 CFR part 73 as follows:

    PART 73—SPECIAL USE AIRSPACE 1. The authority citation for part 73 continues to read as follows: Authority:

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

    § 73.22 Alaska [Amended]
    2. § 73.22 is amended as follows: R-2201A Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°58′49″ N., long. 145°41′15″ W.; to lat. 63°58′45″ N., long. 145°35′06″ W.; to lat. 63°58′08″ N., long. 145°35′05″ W.; to lat. 63°58′09″ N., long. 145°31′07″ W.; to lat. 63°57′17″ N., long. 145°31′05″ W.; to lat. 63°57′17″ N., long. 145°29′05″ W.; to lat. 63°56′54″ N., long. 145°29′02″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°57′20″ N., long. 145°39′25″ W.; to lat. 63°57′32″ N., long. 145°39′25″ W.; to the point of beginning by following Jarvis Creek.

    Designated altitudes. Surface to but not including 6,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201B Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°55′56″ N., long. 145°24′57″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°44′41″ W.; to lat. 63°56′20″ N., long. 145°44′49″ W.; to lat. 63°52′54″ N., long. 145°44′50″ W.; to lat. 63°52′55″ N., long. 145°42′56″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′01″ N., long. 145°33′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. Surface to but not including 6,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201C Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°51′01″ N., long. 145°33′04″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′10″ N., long. 145°43′50″ W.; to lat. 63°50′58″ N., long. 145°43′48″ W.; to lat. 63°50′15″ N., long. 145°43′49″ W.; to lat. 63°50′16″ N., long. 145°44′22″ W.; to lat. 63°49′22″ N., long. 145°44′35″ W.; to lat. 63°47′35″ N., long. 145°45′05″ W.; to lat. 63°46′58″ N., long. 145°45′13″ W.; to lat. 63°46′56″ N., long. 145°37′10″ W.; to lat. 63°46′57″ N., long. 145°36′31″ W.; to lat. 63°47′43″ N., long. 145°35′08″ W.; to lat. 63°47′45″ N., long. 145°35′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. Surface to but not including 6,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201D Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°58′49″ N., long. 145°41′15″ W.; to lat. 63°58′45″ N., long. 145°35′06″ W.; to lat. 63°58′08″ N., long. 145°35′05″ W.; to lat. 63°58′09″ N., long. 145°31′07″ W.; to lat. 63°57′17″ N., long. 145°31′05″ W.; to lat. 63°57′17″ N., long. 145°29′05″ W.; to lat. 63°56′54″ N., long. 145°29′02″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°57′20″ N., long. 145°39′25″ W.; to lat. 63°57′32″ N., long. 145°39′25″ W.; to the point of beginning by following Jarvis Creek.

    Designated altitudes. 6,000 feet MSL to but not including 15,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201E Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°55′56″ N., long. 145°24′57″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°44′41″ W.; to lat. 63°56′20″ N., long. 145°44′49″ W.; to lat. 63°52′54″ N., long. 145°44′50″ W.; to lat. 63°52′55″ N., long. 145°42′56″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′01″ N., long. 145°33′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. 6,000 feet MSL to but not including 15,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201F Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°51′01″ N., long. 145°33′04″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′10″ N., long. 145°43′50″ W.; to lat. 63°50′58″ N., long. 145°43′48″ W.; to lat. 63°50′15″ N., long. 145°43′49″ W.; to lat. 63°50′16″ N., long. 145°44′22″ W.; to lat. 63°49′22″ N., long. 145°44′35″ W.; to lat. 63°47′35″ N., long. 145°45′05″ W.; to lat. 63°46′58″ N., long. 145°45′13″ W.; to lat. 63°46′56″ N., long. 145°37′10″ W.; to lat. 63°46′57″ N., long. 145°36′31″ W.; to lat. 63°47′43″ N., long. 145°35′08″ W.; to lat. 63°47′45″ N., long. 145°35′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. 6,000 feet MSL to but not including 15,000 feet MSL.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201G Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°58′49″ N., long. 145°41′15″ W.; to lat. 63°58′45″ N., long. 145°35′06″ W.; to lat. 63°58′08″ N., long. 145°35′05″ W.; to lat. 63°58′09″ N., long. 145°31′07″ W.; to lat. 63°57′17″ N., long. 145°31′05″ W.; to lat. 63°57′17″ N., long. 145°29′05″ W.; to lat. 63°56′54″ N., long. 145°29′02″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°57′20″ N., long. 145°39′25″ W.; to lat. 63°57′32″ N., long. 145°39′25″ W.; to the point of beginning by following Jarvis Creek.

    Designated altitudes. 15,000 feet MSL to FL220.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201H Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°55′56″ N., long. 145°24′57″ W.; to lat. 63°56′33″ N., long. 145°27′43″ W.; to lat. 63°56′40″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°39′26″ W.; to lat. 63°56′20″ N., long. 145°44′41″ W.; to lat. 63°56′20″ N., long. 145°44′49″ W.; to lat. 63°52′54″ N., long. 145°44′50″ W.; to lat. 63°52′55″ N., long. 145°42′56″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′01″ N., long. 145°33′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. 15,000 feet MSL to FL220.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    R-2201J Fort Greely, AK [New]

    Boundaries. Beginning at lat. 63°51′01″ N., long. 145°33′04″ W.; to lat. 63°51′09″ N., long. 145°42′52″ W.; to lat. 63°51′10″ N., long. 145°43′50″ W.; to lat. 63°50′58″ N., long. 145°43′48″ W.; to lat. 63°50′15″ N., long. 145°43′49″ W.; to lat. 63°50′16″ N., long. 145°44′22″ W.; to lat. 63°49′22 N., long. 145°44′35″ W.; to lat. 63°47′35″ N., long. 145°45′05″ W.; to lat. 63°46′58 N., long. 145°45′13″ W.; to lat. 63°46′56″ N., long. 145°37′10″ W.; to lat. 63°46′57″ N., long. 145°36′31″ W.; to lat. 63°47′43″ N., long. 145°35′08″ W.; to lat. 63°47′45″ N., long. 145°35′04″ W.; to the point of beginning by following Granite Creek.

    Designated altitudes. 15,000 feet MSL to FL220.

    Time of designation. 0700-1900 local time Monday-Friday; other times by NOTAM.

    Controlling agency. FAA, Anchorage, ARTCC.

    Using agency. U.S. Army, AK (USARAK), Commanding General, Joint Base Elmendorf-Richardson (JBER), AK.

    Issued in Washington, DC, on February 27, 2017. Rodger A. Dean Jr., Manager, Airspace Policy Group.
    [FR Doc. 2017-04187 Filed 3-3-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration 21 CFR Part 73 [Docket No. FDA-2017-C-0935] DSM Biomedical; Filing of Color Additive Petition AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of petition.

    SUMMARY:

    The Food and Drug Administration (FDA or we) is announcing that we have filed a petition, submitted by DSM Biomedical, proposing that the color additive regulations be amended to provide for the safe use of high purity carbon black for coloring ultra-high molecular weight polyethylene sutures for use in general surgery.

    DATES:

    The color additive petition was filed on January 27, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Joseph M. Thomas, Center for Food Safety and Applied Nutrition (HFS-265), Food and Drug Administration, 5001 Campus Dr., College Park, MD 20740, 301-796-9465.

    SUPPLEMENTARY INFORMATION:

    Under section 721(d)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379e(d)(1)), we are giving notice that we have filed a color additive petition (CAP 7C0310), submitted by DSM Biomedical, 735 Pennsylvania Dr., Exton, PA 19341. The petition proposes to amend the color additive regulations in 21 CFR part 73, Listing of Color Additives Exempt From Certification, to provide for the safe use of high purity carbon black for coloring ultra-high molecular weight polyethylene sutures for use in general surgery.

    We have determined under 21 CFR 25.32(l) that this action is of a type that does not individually or cumulatively have a significant effect on the human environment. Therefore, neither an environmental assessment nor an environmental impact statement is required.

    Dated: February 28, 2017. Dennis M. Keefe, Director, Office of Food Additive Safety, Center for Food Safety and Applied Nutrition.
    [FR Doc. 2017-04188 Filed 3-3-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers 33 CFR Part 328 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Parts 110, 112, 116, 117, 122, 230, 232, 300, 302, and 401 [FRL-9959-93-OW] Intention To Review and Rescind or Revise the Clean Water Rule AGENCY:

    U.S. Army Corps of Engineers (Corps), Department of the Army, Department of Defense; Environmental Protection Agency (EPA).

    ACTION:

    Notice of intent.

    SUMMARY:

    In accordance with a Presidential directive, the U.S. Environmental Protection Agency (EPA) and the Department of the Army (Army) announces its intention to review and rescind or revise the Clean Water Rule.

    DATES:

    March 6, 2017.

    FOR FURTHER INFORMATION, CONTACT:

    Ms. Donna Downing, Office of Water (4502-T), Environmental Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460; telephone number 202-566-2428; email [email protected], and Mr. Gib Owen, Office of the Assistant Secretary of the Army for Civil Works, Department of the Army, 104 Army Pentagon, Washington, DC 20310-0104; telephone number 703-695-4641; email [email protected].

    SUPPLEMENTARY INFORMATION:

    The Federal Water Pollution Control Act, originally enacted in 1948, most comprehensively amended in 1972, and known as the Clean Water Act (CWA), seeks “to restore and maintain the chemical, physical, and biological integrity of the Nation's waters.” 33 U.S.C. 1251 et seq. Among other provisions, the CWA regulates the discharge of pollutants into “navigable waters,” defined in the CWA as “the waters of the United States.” The question of what is a “water of the United States” is one that has generated substantial interest and uncertainty, especially among states, small businesses, the agricultural communities, and environmental organizations, because it relates to the extent of jurisdiction for federal and relevant state regulations.

    The EPA and the Department of the Army (collectively, the agencies) have promulgated a series of regulations defining “waters of the United States.” The scope of “waters of the United States” as defined by the prior regulations has been subject to litigation in several U.S. Supreme Court cases, most recently in Rapanos v. United States, 547 U.S. 715 (2006) (“Rapanos”). In response to that decision, the agencies issued guidance regarding CWA jurisdiction in 2007, and revised it in 2008.

    In response to that guidance, Members of Congress, developers, farmers, state and local governments, environmental organizations, energy companies and others asked the agencies to replace the guidance with a regulation. At the conclusion of that rulemaking process, the agencies issued the “Clean Water Rule: Definition of ‘Waters of the United States.' ” 80 FR 37054 (“2015 Rule”) (found at 40 CFR 110, 112, 116, 117, 122, 230, 232, 300, 302 and 401, and 33 CFR 328).

    Due to concerns about the potential for continued regulatory uncertainty, as well as the scope and legal authority of the 2015 Rule, 31 states and a number of other parties sought judicial review in multiple actions. Seven states plus the District of Columbia, and an additional number of parties, then intervened in those cases. On October 9, 2015, the U.S. Court of Appeals for the Sixth Circuit stayed the 2015 Rule nationwide pending further action of the court.

    On February 28, 2017, the President of the United States issued an Executive Order directing the EPA and the Army to review and rescind or revise the 2015 Rule. Today, the EPA and the Army announce their intention to review that rule, and provide advanced notice of a forthcoming proposed rulemaking consistent with the Executive Order. In doing so, the agencies will consider interpreting the term “navigable waters,” as defined in the CWA in a manner consistent with the opinion of Justice Scalia in Rapanos. It is important that stakeholders and the public at large have certainty as to how the CWA applies to their activities.

    Agencies have inherent authority to reconsider past decisions and to revise, replace or repeal a decision to the extent permitted by law and supported by a reasoned explanation. FCC v. Fox Television Stations, Inc., 556 U.S. 502, 515 (2009) (“Fox”); Motor Vehicle Manufacturers Ass'n of the United States, Inc., et al, v. State Farm Mutual Automobile Insurance Co., et al. 463 U.S. 29, 42 (1983) (“State Farm”). Importantly, such a revised decision need not be based upon a change of facts or circumstances. A revised rulemaking based “on a reevaluation of which policy would be better in light of the facts” is “well within an agency's discretion,” and “[a] change in administration brought about by the people casting their votes is a perfectly reasonable basis for an executive agency's reappraisal of the costs and benefits of its programs and regulations.” National Ass'n of Home Builders v. EPA, 682 F.3d 1032, 1038 & 1043 (D.C. Cir. 2012) (citing Fox, 556 U.S. at 514-15; quoting State Farm, 463 U.S. at 59 (Rehnquist, J., concurring in part and dissenting in part)).

    Through new rulemaking, the EPA and the Army seek to provide greater clarity and regulatory certainty concerning the definition of “waters of the United States,” consistent with the principles outlined in the Executive Order and the agencies' legal authority.

    Dated: February 28, 2017. E. Scott Pruitt, Administrator, Environmental Protection Agency. Dated: February 28, 2017. Douglas W. Lamont, Senior Offical Performing the Duties of the Assistant Secretary of the Army for Civil Works, Department of the Army.
    [FR Doc. 2017-04312 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    82 42 Monday, March 6, 2017 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request March 1, 2017.

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

    Comments regarding this information collection received by April 5, 2017 will be considered. Written comments should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), New Executive Office Building, 725—17th Street NW., Washington, DC 20502. Commenters are encouraged to submit their comments to OMB via email to: [email protected] or fax (202) 395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Copies of the submission(s) may be obtained by calling (202) 720-8958.

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

    Animal and Plant Health Inspection Service

    Title: National Animal Health Monitoring System; Antimicrobial Use Studies.

    OMB Control Number: 0579-NEW.

    Summary of Collection: Collection and dissemination of animal health data and information is mandated by 7 U.S.C. 391, the Animal Industry Act of 1884, which established the precursor of the APHIS, Veterinary Services, the Bureau of Animal Industry. Legal requirements for examining and reporting on animal disease control methods were further mandated by 7 U.S.C. 8308 of the Animal Health Protection Act, “Detection, Control, and Eradication of Diseases and Pests,” May 13, 2002. APHIS will initiate the Antimicrobial Use Study which will consist of two surveys; a swine and feedlot survey. The information collected through the Antimicrobial Use Study will be analyzed and organized into one or more descriptive reports.

    Need and Use of the Information: APHIS will use the data collected from the Antimicrobial Use Study to: (1) Describe antimicrobial usage to control and treat disease and promote growth on a regional and national basis both before and after implementation of the Food and Drug Administration's Veterinary Feed Directive; (2) Provide this information to industry as well as legislators to help form policy based on objective estimates; and (3) Use findings from the study as a basis for more in-depth evaluation of usage and resistance in a subsequent longitudinal study on farms. Without this information on antimicrobial use, the United States would have no ability to understand and develop information on trends in antimicrobial use nor would it be able to provide objective information to evaluate the results of the Food and Drug Administration's Veterinary Feed Directive.

    Description of Respondents: Business or other for-profit.

    Number of Respondents: 15,375.

    Frequency of Responses: Reporting: Other: One time.

    Total Burden Hours: 7,830.

    Ruth Brown, Departmental Information Collection Clearance Officer.
    [FR Doc. 2017-04220 Filed 3-3-17; 8:45 am] BILLING CODE 3410-34-P
    DEPARTMENT OF AGRICULTURE Food and Nutrition Service Summer Food Service Program; 2017 Reimbursement Rates AGENCY:

    Food and Nutrition Service, USDA.

    ACTION:

    Notice.

    SUMMARY:

    This notice informs the public of the annual adjustments to the reimbursement rates for meals served in the Summer Food Service Program for Children. These adjustments address changes in the Consumer Price Index, as required under the Richard B. Russell National School Lunch Act. The 2017 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. The 2017 rates are also presented individually, as separate operating and administrative rates of reimbursement, to show the effect of the Consumer Price Index adjustment on each rate.

    DATES:

    Effective date: January 1, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Jessica Saracino, Program Monitoring and Operational Support Division, Child Nutrition Programs, Food and Nutrition Service, United States Department of Agriculture, 3101 Park Center Drive, Suite 628, Alexandria, Virginia 22302, 703-305-1620.

    SUPPLEMENTARY INFORMATION:

    The Summer Food Service Program (SFSP) is listed in the Catalog of Federal Domestic Assistance under No. 10.559 and is subject to the provisions of Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 2 CFR part 415 and final rule-related notice published at 48 FR 29114, June 24, 1983.)

    In accordance with the Paperwork Reduction Act of 1995, 44 U.S.C. 3501-3518, no new recordkeeping or reporting requirements have been included that are subject to approval from the Office of Management and Budget.

    This notice is not a rule as defined by the Regulatory Flexibility Act, 5 U.S.C. 601-612, and thus is exempt from the provisions of that Act. Additionally, this notice has been determined to be exempt from formal review by the Office of Management and Budget under Executive Order 12866.

    Definitions

    The terms used in this notice have the meaning ascribed to them under 7 CFR part 225 of the SFSP regulations.

    Background

    This notice informs the public of the annual adjustments to the reimbursement rates for meals served in SFSP. In accordance with sections 12(f) and 13, 42 U.S.C. 1760(f) and 1761, of the Richard B. Russell National School Lunch Act (NSLA) and SFSP regulations under 7 CFR part 225, the United States Department of Agriculture announces the adjustments in SFSP payments for meals served to participating children during calendar year 2017.

    The 2017 reimbursement rates are presented as a combined set of rates to highlight simplified cost accounting procedures. Reimbursement is based solely on a “meals times rate” calculation, without comparison to actual or budgeted costs.

    Sponsors receive reimbursement that is determined by the number of reimbursable meals served, multiplied by the combined rates for food service operations and administration. However, the combined rate is based on separate operating and administrative rates of reimbursement, each of which is adjusted differently for inflation.

    Calculation of Rates

    The combined rates are constructed from individually authorized operating and administrative reimbursements. Simplified procedures provide flexibility, enabling sponsors to manage their reimbursements to pay for any allowable cost, regardless of the cost category. Sponsors remain responsible, however, for ensuring proper administration of the Program, while providing the best possible nutrition benefit to children.

    The operating and administrative rates are calculated separately. However, the calculations of adjustments for both cost categories are based on the same set of changes in the Food Away From Home series of the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the United States Department of Labor. They represent a 2.3 percent increase in this series for the 12-month period, from November 2015 through November 2016 (from 258.805 in November 2015 to 264.699 in November 2016).

    Table of 2017 Reimbursement Rates

    Presentation of the 2017 maximum per meal rates for meals served to children in SFSP combines the results from the calculations of operational and administrative payments, which are further explained in this notice. The total amount of payments to State agencies for disbursement to SFSP sponsors will be based upon these adjusted combined rates and the number of meals of each type served. These adjusted rates will be in effect from January 1, 2017 through December 31, 2017.

    Summer Food Service Program 2017 Reimbursement Rates [Combined] Per meal rates in whole or fractions of U.S. dollars All states except Alaska
  • and Hawaii
  • Rural or
  • self-prep sites
  • All other types of sites Alaska Rural or
  • self-prep
  • sites
  • All other types
  • of sites
  • Hawaii Rural or self-
  • prep sites
  • All other types of sites
    Breakfast 2.1875 2.1450 3.5400 3.4725 2.5500 2.5025 Lunch or Supper 3.8325 3.7700 6.2075 6.1075 4.4850 4.4125 Snack 0.9075 0.8875 1.4700 1.4375 1.0550 1.0300
    Operating Rates

    The portion of the SFSP rates for operating costs is based on payment amounts set in section 13(b)(1) of the NSLA, 42 U.S.C. 1761(b)(1). They are rounded down to the nearest whole cent, as required by section 11(a)(3)(B)(iii) of the NSLA, 42 U.S.C. 1759a(a)(3)(B)(iii).

    Summer Food Service Program Operating Component of 2017 Reimbursement Rates Operating rates in U.S. dollars, rounded down to the nearest whole cent All States
  • except Alaska and Hawaii
  • Alaska Hawaii
    Breakfast 1.99 3.22 2.32 Lunch or Supper 3.47 5.62 4.06 Snack 0.81 1.31 0.94
    Administrative Rates

    The administrative cost component of the reimbursement is authorized under section 13(b)(3) of the NSLA, 42 U.S.C. 1761(b)(3). Rates are higher for sponsors of sites located in rural areas and for “self-prep” sponsors that prepare their own meals at the SFSP site or at a central facility instead of purchasing them from vendors. The administrative portion of SFSP rates are adjusted, either up or down, to the nearest quarter-cent.

    Summer Food Service Program Administrative Component of 2017 Reimbursement Rates Administrative rates in U.S. dollars,
  • adjusted, up or down, to the nearest
  • quarter-cent
  • All States except Alaska and Hawaii Rural or self-prep sites All other types of sites Alaska Rural or self-prep sites All other types of sites Hawaii Rural or self-prep sites All other types of sites
    Breakfast 0.1975 0.1550 0.3200 0.2525 0.2300 0.1825 Lunch or Supper 0.3625 0.3000 0.5875 0.4875 0.4250 0.3525 Snack 0.0975 0.0775 0.1600 0.1275 0.1150 0.0900
    Authority:

    Sections 9, 13, and 14, Richard B. Russell National School Lunch Act, 42 U.S.C. 1758, 1761, and 1762a, respectively.

    Dated: February 27, 2017. Jessica Shahin, Acting Administrator, Food and Nutrition Service.
    [FR Doc. 2017-04227 Filed 3-3-17; 8:45 am] BILLING CODE 3410-30-P
    COMMISSION ON CIVIL RIGHTS Agenda and Notice of Public Meeting of the Maine Advisory Committee AGENCY:

    Commission on Civil Rights.

    ACTION:

    Announcement of monthly planning meeting.

    SUMMARY:

    Notice is hereby given, pursuant to the provisions of the rules and regulations of the U.S. Commission on Civil Rights (Commission), and the Federal Advisory Committee Act (FACA) that a meeting of the Maine Advisory Committee to the Commission will convene by conference call at 1:30 p.m. (EDT) on Tuesday, March 28, 2017. The purpose of the meeting is to discuss possible dates for a briefing on its project regarding the criminalization of the mentally ill and potential panelists for the briefing.

    DATES:

    Thursday, March 28, 2017, from 1:30 p.m. to 3:00 p.m. EDT.

    PUBLIC CALL-IN INFORMATION:

    Conference call number: 1-888-684-1264 and conference call ID: 9702460.

    FOR FURTHER INFORMATION CONTACT:

    Ivy L. Davis, at [email protected] or by phone at 202-376-7533.

    SUPPLEMENTARY INFORMATION:

    Interested members of the public may listen to the discussion by calling the following toll-free conference call number: 1-888-684-1264 and conference call ID: 9702460. Please be advised that before placing them into the conference call, the conference call operator will ask callers to provide their names, their organizational affiliations (if any), and email addresses (so that callers may be notified of future meetings). Callers can expect to incur charges for calls they initiate over wireless lines, and the Commission will not refund any incurred charges. Callers will incur no charge for calls they initiate over land-line connections to the toll-free telephone number herein.

    Persons with hearing impairments may also follow the discussion by first calling the Federal Relay Service at 1-888-364-3109 and providing the operator with the toll-free conference call number: 1-888-684-1264 and conference call ID: 9702460.

    Members of the public are invited to submit written comments; the comments must be received in the regional office approximately 30 days after each scheduled meeting. Written comments may be mailed to the Eastern Regional Office, U.S. Commission on Civil Rights, 1331 Pennsylvania Avenue, Suite 1150, Washington, DC 20425, faxed to (202) 376-7548, or emailed to Evelyn Bohor at [email protected] Persons who desire additional information may contact the Eastern Regional Office at (202) 376-7533.

    Records and documents discussed during the meeting will be available for public viewing as they become available at https://database.faca.gov/committee/meetings.aspx?cid=252; click the “Meeting Details” and “Documents” links. Records generated from this meeting may also be inspected and reproduced at the Eastern Regional Office, as they become available, both before and after the meeting. Persons interested in the work of this advisory committee are advised to go to the Commission's Web site, www.usccr.gov, or to contact the Eastern Regional Office at the above phone number, email or street address.

    Agenda I. Roll Call II. Planning Meeting Discuss project planning III. Other Business IV. Adjournment Dated: February 28, 2017. David Mussatt, Supervisory Chief, Regional Programs Unit.
    [FR Doc. 2017-04171 Filed 3-3-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE Census Bureau Notice of Correction to Filing of Federal Register Notice for 2018 End-to-End Census Test—Address Canvassing Operation AGENCY:

    Census Bureau, Commerce.

    ACTION:

    Notice of correction.

    SUMMARY:

    On January 10, 2017, Federal Register Document 2017-00196 was published under the Department of Commerce. This document should be posted with Agency name Census Bureau and with the document title 2018 End-to-End Census Test—Address Canvassing Operation.

    There are no other changes or corrections to this document.

    Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.
    [FR Doc. 2017-04296 Filed 3-3-17; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Census Bureau Notice of Correction to Federal Register Notice for 2017 Puerto Rico Census Test AGENCY:

    Census Bureau, Commerce.

    ACTION:

    Notice of correction.

    SUMMARY:

    On July 19, 2016, Federal Register Document 2016-16966 was published, which provided the Census Bureau's plans for the 2017 Puerto Rico Census Test. This test was subsequently cancelled. This Correction Notice serves as notification of the cancellation of this test after the Federal Register Notice was published for public comment.

    Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.
    [FR Doc. 2017-04297 Filed 3-3-17; 8:45 am] BILLING CODE 3510-07-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-171-2016] Approval of Subzone Status; TopShip, LLC, Gulfport, Mississippi

    On December 1, 2016, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Mississippi Coast Foreign Trade Zone, Inc., grantee of FTZ 92, requesting subzone status subject to the existing activation limit of FTZ 92, on behalf of TopShip, LLC, in Gulfport, Mississippi.

    The application was processed in accordance with the FTZ Act and Regulations, including notice in the Federal Register inviting public comment (81 FR 88213, December 7, 2016). The FTZ staff examiner reviewed the application and determined that it meets the criteria for approval.

    Pursuant to the authority delegated to the FTZ Board's Executive Secretary (15 CFR 400.36(f)), the application to establish Subzone 92F is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 92's 2,000-acre activation limit.

    Dated: February 28, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04277 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-73-2016] Foreign-Trade Zone (FTZ) 176—Rockford, Illinois, Authorization of Production Activity, Brake Parts Inc. (Automotive Parts Kitting), McHenry, Illinois

    On November 2, 2016, Brake Parts Inc., submitted a notification of proposed production activity to the Foreign-Trade Zones (FTZ) Board for its facility within FTZ Subzone 176G, in McHenry, Illinois.

    The notification was processed in accordance with the regulations of the FTZ Board (15 CFR part 400), including notice in the Federal Register inviting public comment (81 FR 79415, November 14, 2016). The FTZ Board has determined that no further review of the activity is warranted at this time. The production activity described in the notification is authorized, subject to the FTZ Act and the Board's regulations, including Section 400.14.

    Dated: March 1, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04276 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Submission for OMB Review; Comment Request; Technical Data Letter of Explanation

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

    Agency: Bureau of Industry and Security.

    Title: Technical Data Letter of Explanation.

    Form Number(s): N/A.

    OMB Control Number: 0694-0047.

    Type of Review: Regular submission.

    Estimated Total Annual Burden Hours: 6,226.

    Estimated Number of Respondents: 6,313.

    Estimated Time per Response: 30 minutes-2 hours.

    Needs and Uses: These technical data letters of explanation will assure the Bureau of Industry and Security that U.S.-origin technical data will be exported only for authorized end-uses, users and destinations.

    Affected Public: Business or other for-profit organizations.

    Frequency: On Occasion.

    Respondent's Obligation: Voluntary.

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

    Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to [email protected]

    Sheleen Dumas, PRA Departmental Lead, Office of the Chief Information Officer.
    [FR Doc. 2017-04298 Filed 3-3-17; 8:45 am] BILLING CODE 3510-33-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-580-868] Large Residential Washers From the Republic of Korea: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on large residential washers from the Republic of Korea. The period of review (POR) is February 1, 2015, through January 31, 2016. The review covers one producer/exporter of the subject merchandise, LG Electronics, Inc. (LGE). We preliminarily determine that sales of subject merchandise by LGE were not made at prices below normal value (NV). We invite interested parties to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    David Goldberger, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-4136.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The products covered by the order are all large residential washers and certain subassemblies thereof from Korea. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.1

    1 For a full descripition of the scope of the order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Decision Memorandum for the Preliminary Results of the 2015-2016 Administrative Review of the Antidumping Duty Order on Large Residential Washers from Korea,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Methodology

    The Department is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of the Review

    As a result of this review, the Department preliminarily determines that a weighted-average margin of 0.00 percent exists for LGE for the period February 1, 2015, through January 31, 2016.

    Disclosure and Public Comment

    We will disclose the calculations performed to parties in this segment of the proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties may submit case briefs not later than seven days after the date on which the last verification report is issued in this proceeding.2 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.3 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    2See 19 CFR 351.309(c).

    3See 19 CFR 351.309(d).

    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.4 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    4See 19 CFR 351.310(d).

    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 Time.

    The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.5

    5See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

    Assessment Rates

    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.6

    6See 19 CFR 351.212(b).

    We will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.7 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.8

    7See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012).

    8See section 751(a)(2)(C) of the Act.

    We intend to issue instructions to CBP 15 days after the publication date of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 LGE will be the rate established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 11.80 percent, the all-others rate established in the less-than-fair-value investigation.9 These deposit requirements, when imposed, shall remain in effect until further notice.

    9See Large Residential Washers from Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping and/or countervailing duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties and/or countervailing duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. NV Comparisons 1. Determination of Comparison Method 2. Results of the Differential Pricing Analysis B. Product Comparisons C. EP and CEP D. NV 1. Home Market Viability and Selection of Comparison Market 2. Affiliated Party Transactions and Arm's-Length Test 3. Level of Trade (LOT) E. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test F. Calculation of NV Based on Comparison Market Prices G. Calculation of NV Based on CV H. Currency Conversion V. Recommendation
    [FR Doc. 2017-04273 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-051] Certain Hardwood Plywood Products From the People's Republic of China: Postponement of Preliminary Determination of Antidumping Duty Investigation AGENCY:

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

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Amanda Brings at (202) 482-3927 or 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.

    SUPPLEMENTARY INFORMATION:

    Background

    On December 8, 2016, the Department of Commerce (the Department) initiated an antidumping duty investigation of certain hardwood plywood products from the People's Republic of China.1 Section 733(b)(1)(A) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.205(b)(1) state that the Department will make a preliminary determination no later than 140 days after the date of the initiation. Accordingly, the preliminary determination of this antidumping duty investigation is currently due no later than April 27, 2017.

    1See Certain Hardwood Plywood Products From the People's Republic of China: Initiation of Less-Than-Fair-Value Investigation, 81 FR 91125 (December 16, 2016).

    Postponement of Preliminary Determination

    On February 21, 2017, the Coalition for Fair Trade in Hardwood Plywood and its individual members (Petitioners), made a timely request, pursuant to 19 CFR 351.205(e), for postponement of the preliminary determination, in order to facilitate the Department's analysis of the data and questionnaire responses submitted by respondents.2 Because there are no compelling reasons to deny the request, in accordance with section 733(c)(1)(A) of the Act, the Department is postponing the deadline for the preliminary determination by 50 days.

    2See Letter to the Acting Secretary of Commerce from Petitioners, re: “Certain Hardwood Plywood Products from the People's Republic of China: Petitioner's Request to Extend Preliminary Determination” (February 21, 2017).

    For the reasons stated above, the Department, in accordance with section 733(c)(1)(A) of the Act, is postponing the deadline for the preliminary determination to no later than 190 days after the date on which the Department initiated this investigation. Therefore, the new deadline for the preliminary determination is June 16, 2017. In accordance with section 735(a)(1) of the Act, the deadline for the final determination of this investigation will continue to be 75 days after the date of the preliminary determination, unless postponed at a later date.

    This notice is issued and published pursuant to section 733(c)(2) of the Act and 19 CFR 351.205(f)(1).

    Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-04264 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-201-842] Large Residential Washers From Mexico: Preliminary Results of the Antidumping Duty Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on large residential washers from Mexico. The period of review (POR) is February 1, 2015, through January 31, 2016. The review covers one producer/exporter of the subject merchandise, Electrolux Home Products, Inc., Electrolux Home Products Corp. N.V., and Electrolux Home Products de Mexico, S.A. de C.V. (collectively, Electrolux). We preliminarily determine that sales of subject merchandise by Electrolux have been made at prices below normal value (NV). We invite interested parties to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Ross Belliveau or Rebecca Janz, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4952 or (202) 482-2972, respectively.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The products covered by the order are all large residential washers and certain subassemblies thereof from Mexico. The products are currently classifiable under subheadings 8450.20.0040 and 8450.20.0080 of the Harmonized Tariff System of the United States (HTSUS). Products subject to this order may also enter under HTSUS subheadings 8450.11.0040, 8450.11.0080, 8450.90.2000, and 8450.90.6000. Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise subject to this scope is dispositive.1

    1 For a full description of the scope of the order see Memorandum from Gary Taverman, Associate Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Decision Memorandum for the Preliminary Results of the 2015-2016 Administrative Review of the Antidumping Duty Order on Large Residential Washers from Mexico,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Methodology

    The Department is conducting this review in accordance with sections 751(a)(1)(B) and (2) of the Tariff Act of 1930, as amended (the Act). Constructed export price is calculated in accordance with section 772 of the Act. NV is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as an Appendix to this notice.

    Preliminary Results of the Review

    As a result of this review, the Department preliminarily determines that a weighted-average margin of 1.24 percent exists for Electrolux for the period February 1, 2015, through January 31, 2016.

    Disclosure and Public Comment

    We will disclose the calculations performed to parties in this segment of the proceeding within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Interested parties may submit case briefs not later than seven days after the date on which the final verification report is issued in this proceeding.2 Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.3 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.

    2See 19 CFR 351.309(c).

    3See 19 CFR 351.309(d).

    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.4 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    4Id.

    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 Time.

    The Department intends to issue the final results of this administrative review, including the results of its analysis of issues raised in any written briefs, not later than 120 days after the date of publication of this notice, unless the deadline is extended.5

    5See section 751(a)(3)(A) of the Act and 19 CFR 351.213(h).

    Assessment Rates

    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.6

    6See 19 CFR 351.212(b).

    We will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the examined sales to that importer. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific assessment rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.7 The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.8

    7See Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8101, 8103 (February 14, 2012).

    8See section 751(a)(2)(C) of the Act.

    We intend to issue instructions to CBP 41 days after the publication date of the final results of this review.

    Cash Deposit Requirements

    The following cash deposit requirements will be effective 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 Electrolux will be the rate established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit rate will continue to be the company-specific rate published for the most recent period; (3) if the exporter is not a firm covered in this review, a prior review, or the original investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent period for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 36.52 percent, the all-others rate established in the less-than-fair-value investigation.9 These deposit requirements, when imposed, shall remain in effect until further notice.

    9See Large Residential Washers From Mexico and the Republic of Korea: Antidumping Duty Orders, 78 FR 11148 (February 15, 2013).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Discussion of the Methodology A. Comparisons to Normal Value B. Determination of Comparison Method C. Results of the Differential Pricing Analysis V. Product Comparisons VI. Constructed Export Price VII. Normal Value A. Home Market Viability and Selection of Comparison Market B. Affiliated Party Transactions and Arm's-Length Test C. Level of Trade D. Cost of Production (COP) Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test E. Calculation of Normal Value Based on Comparison Market Prices F. Calculation of Normal Value Based on Constructed Value VIII. Currency Conversion IX. Recommendation
    [FR Doc. 2017-04272 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-549-822] Certain Frozen Warmwater Shrimp From Thailand; Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from Thailand. The review covers 160 producers/exporters of the subject merchandise. The Department selected two mandatory respondents for individual examination: A Foods 1991 Co., Limited and May Ao Foods Co., Ltd. (collectively, Mayao); and Thai Union/Pakfood, which consists of Thai Union Group Public Co., Ltd. (also known as Thai Union Frozen Products Public Co., Ltd.), Thai Union Seafood Company Limited, Pakfood Public Company Limited, Asia Pacific (Thailand) Co., Ltd., Chaophraya Cold Storage Co. Ltd., Okeanos Co. Ltd., Okeanos Food Co. Ltd., and Takzin Samut Co. Ltd. The period of review (POR) is February 1, 2015, through January 31, 2016. We preliminarily determine that sales to the United States have been made below normal value and, therefore, are subject to antidumping duties. Additionally, we preliminarily determine that certain companies for which we initiated a review did not have any shipments during the POR. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. We invite interested parties to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Andrew Medley or Alice Maldonado, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4987 and (202) 482-4682, respectively.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise subject to the order is certain frozen warmwater shrimp.1 The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description remains dispositive.

    1 For a complete description of the scope of the Order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Decision Memorandum for the Preliminary Results of the Administrative Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from Thailand,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Methodology

    The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). Export price and constructed export price are 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, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice.

    Preliminary Determination of No Shipments

    Among the companies under review, five companies properly filed statements reporting that they made no shipments of subject merchandise to the United States during the POR.2 Based on the certifications submitted by four of these companies and our analysis of CBP information, we preliminarily determine that the following companies had no reviewable transactions during the POR: (1) Calsonic Kansei (Thailand) Co., Ltd.; (2) Lucky Union Foods Co., Ltd.; (3) Marine Gold Products Ltd. (Marine Gold); 3 and (4) Thai Union Manufacturing Company Limited (Thai Union Manufacturing). The Department finds that it is not appropriate to preliminarily rescind the review with respect to these companies but, rather, to complete the review with respect to these companies and issue appropriate instructions to CBP based on the final results of this review.4

    2 For a full explanation of the Department's analysis, see the Preliminary Decision Memorandum.

    3 Shrimp produced and exported by Marine Gold was excluded from the AD Thailand order effective February 1, 2012. See Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review, Partial Rescission of Review, and Revocation of Order (in Part); 2011-2012, 78 FR 42497, 42499 (July 16, 2013) (2011-2012 Thai Shrimp). Accordingly, we are conducting this administrative review with respect to Marine Gold only for shrimp produced in Thailand where Marine Gold acted as either the producer or the exporter (but not both).

    4See, e.g., Certain Frozen Warmwater Shrimp From Thailand; Preliminary Results of Antidumping Duty Administrative Review, Partial Rescission of Review, Preliminary Determination of No Shipments; 2012-2013, 79 FR 15951, 15952 (March 24, 2014), unchanged in Certain Frozen Warmwater Shrimp From Thailand: Final Results of Antidumping Duty Administrative Review, Final Determination of No Shipments, and Partial Rescission of Review; 2012-2013, 79 FR 51306 (August 28, 2014).

    One of the remaining companies, Grobest Frozen Foods Co., Ltd. (Grobest) failed to provide a complete certification relating to potential sales or entries of subject merchandise during the POR.5 Therefore, we preliminarily find that there is insufficient evidence on the record of this review to conclude that Grobest made no shipments of subject merchandise to the United States during the POR.

    5See the Department's letter to Grobest, dated March 29, 2016, to which Grobest did not respond.

    Preliminary Results of the Review

    As a result of this review, we preliminarily determine that weighted-average dumping margins exist for the respondents for the period February 1, 2015, through January 31, 2016, as follows:

    6 On January 5, 2016, the Department found that Thai Union Group Public Co., Ltd. is the successor-in-interest to Thai Union Frozen Products Public Co., Ltd. See Notice of Final Results of Antidumping Duty Changed Circumstances Review: Certain Frozen Warmwater Shrimp From Thailand, 81 FR 222 (January 5, 2016).

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • A Foods 1991 Co., Limited/May Ao Foods Co., Ltd 1.23 Thai Union Frozen Products Public Co., Ltd.6/Thai Union Group Public Co., Ltd./Thai Union Seafood Co., Ltd./Pakfood Public Company Limited/Okeanos Food Co., Ltd./Okeanos Co. Ltd./Asia Pacific (Thailand) Co., Ltd.,/Chaophraya Cold Storage Co. Ltd./Takzin Samut Co. Ltd 0.51

    Review-Specific Average Rate Applicable to the Following Non-Selected Companies:  7

    7 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis or based entirely on facts available. See section 735(c)(5)(A) of the Act.

    8 Shrimp produced and exported by Marine Gold Products Ltd. (Marine Gold) were excluded from the antidumping duty order order effective February 1, 2012. See 2011-2012 Thai Shrimp, 78 FR at 42499. Accordingly, we are conducting this administrative review with respect to Marine Gold only for shrimp produced in Thailand where Marine Gold acted as either the manufacturer or exporter (but not both).

    Exporter/producer Estimated
  • weighted-
  • average
  • dumping
  • margin
  • (percent)
  • A. Wattanachai Frozen Products Co., Ltd 0.81 A.P. Frozen Foods Co., Ltd 0.81 A.S. Intermarine Foods Co., Ltd 0.81 ACU Transport Co., Ltd 0.81 Ampai Frozen Foods Co., Ltd 0.81 Anglo-Siam Seafoods Co., Ltd 0.81 Apex Maritime (Thailand) Co., Ltd 0.81 Apitoon Enterprise Industry Co., Ltd 0.81 Applied DB 0.81 Asian Seafood Coldstorage (Sriracha) 0.81 Asian Seafoods Coldstorage Public Co., Ltd./Asian Seafoods Coldstorage (Suratthani) Co., Limited/STC Foodpak Ltd 0.81 Assoc. Commercial Systems 0.81 B.S.A. Food Products Co., Ltd 0.81 Bangkok Dehydrated Marine Product Co., Ltd 0.81 C Y Frozen Food Co., Ltd 0.81 C.P. Mdse 0.81 C.P. Merchandising Co., Ltd./Charoen Pokphand Foods Public Co., Ltd./Klang Co., Ltd./Seafoods Enterprise Co., Ltd./Thai Prawn Culture Center Co., Ltd 0.81 CP Retailing and Marketing Co., Ltd 0.81 C.P. Intertrade Co. Ltd 0.81 Calsonic Kansei (Thailand) Co., Ltd (*) Century Industries Co., Ltd 0.81 Chaivaree Marine Products Co., Ltd 0.81 Chaiwarut Company Limited 0.81 Charoen Pokphand Foods Public Co., Ltd 0.81 Charoen Pokphand Petrochemical Co., Ltd 0.81 Chonburi LC 0.81 Chue Eie Mong Eak 0.81 Commonwealth Trading Co., Ltd 0.81 Core Seafood Processing Co., Ltd 0.81 C.P.F. Food Products Co., Ltd 0.81 Crystal Frozen Foods Co., Ltd 0.81 Crystal Seafood 0.81 Daedong (Thailand) Co. Ltd 0.81 Daiei Taigen (Thailand) Co., Ltd 0.81 Daiho (Thailand) Co., Ltd 0.81 Dynamic Intertransport Co., Ltd 0.81 Earth Food Manufacturing Co., Ltd 0.81 F.A.I.T. Corporation Limited 0.81 Far East Cold Storage Co., Ltd 0.81 Fimex VN 0.81 Findus (Thailand) Ltd 0.81 Fortune Frozen Foods (Thailand) Co., Ltd 0.81 Frozen Marine Products Co., Ltd 0.81 Gallant Ocean (Thailand) Co., Ltd 0.81 Gallant Seafoods Corporation 0.81 Global Maharaja Co., Ltd 0.81 Golden Sea Frozen Foods Co., Ltd 0.81 Golden Thai Imp. & Exp. Co., Ltd 0.81 Good Fortune Cold Storage Co. Ltd 0.81 Good Luck Product Co., Ltd 0.81 Grobest Frozen Foods Co., Ltd 0.81 Gulf Coast Crab Intl 0.81 H.A.M. International Co., Ltd 0.81 Haitai Seafood Co., Ltd 0.81 Handy International (Thailand) Co., Ltd 0.81 Heng Seafood Limited Partnership 0.81 Heritrade 0.81 HIC (Thailand) Co., Ltd 0.81 High Way International Co., Ltd 0.81 I.S.A. Value Co., Ltd 0.81 I.T. Foods Industries Co., Ltd 0.81 Inter-Oceanic Resources Co., Ltd 0.81 Inter-Pacific Marine Products Co., Ltd 0.81 K & U Enterprise Co., Ltd 0.81 K Fresh 0.81 K.D. Trading Co., Ltd 0.81 K.L. Cold Storage Co., Ltd 0.81 KF Foods Ltd 0.81 Kiang Huat Sea Gull Trading Frozen Food Public Co., Ltd 0.81 Kibun Trdg 0.81 Kingfisher Holdings Ltd 0.81 Kitchens of the Oceans (Thailand) Company, Ltd 0.81 Kongphop Frozen Foods Co., Ltd 0.81 Lee Heng Seafood Co., Ltd 0.81 Leo Transports 0.81 Li-Thai Frozen Foods Co., Ltd 0.81 Lucky Union Foods Co., Ltd (*) Magnate & Syndicate Co., Ltd 0.81 Mahachai Food Processing Co., Ltd 0.81 Mahachai Marine Foods Co., Ltd 0.81 Marine Gold Products Ltd.8 (*) Merit Asia Foodstuff Co., Ltd 0.81 Merkur Co., Ltd. 0.81 Ming Chao Ind Thailand 0.81 N&N Foods Co., Ltd 0.81 N.R. Instant Produce Co., Ltd 0.81 Namprik Maesri Ltd. Part 0.81 Narong Seafood Co., Ltd 0.81 Nongmon SMJ Products 0.81 Ongkorn Cold Storage Co., Ltd./Thai-Ger Marine Co., Ltd 0.81 Pacific Queen Co., Ltd 0.81 Pakpanang Coldstorage Public Co., Ltd 0.81 Penta Impex Co., Ltd 0.81 Pinwood Nineteen Ninety Nine 0.81 Piti Seafood Co., Ltd 0.81 Premier Frozen Products Co., Ltd 0.81 Preserved Food Specialty Co., Ltd 0.81 Queen Marine Food Co., Ltd 0.81 Rayong Coldstorage (1987) Co., Ltd 0.81 S&D Marine Products Co., Ltd 0.81 S&P Aquarium 0.81 S&P Syndicate Public Company Ltd 0.81 S. Chaivaree Cold Storage Co., Ltd 0.81 S. Khonkaen Food Industry Public Co., Ltd. and/or S. Khonkaen Food Ind. Public 0.81 S.K. Foods (Thailand) Public Co. Limited 0.81 Samui Foods Company Limited 0.81 SB Inter Food Co., Ltd 0.81 SCT Co., Ltd 0.81 Sea Bonanza Food Co., Ltd 0.81 SEA NT'L CO., LTD 0.81 Seafresh Fisheries/Seafresh Industry Public Co., Ltd 0.81 Search and Serve 0.81 Sethachon Co., Ltd 0.81 Shianlin Bangkok Co., Ltd 0.81 Shing Fu Seaproducts Development Co 0.81 Siam Food Supply Co., Ltd 0.81 Siam Haitian Frozen Food Co., Ltd 0.81 Siam Intersea Co., Ltd 0.81 Siam Marine Products Co. Ltd 0.81 Siam Ocean Frozen Foods Co. Ltd 0.81 Siam Union Frozen Foods 0.81 Siamchai International Food Co., Ltd 0.81 Smile Heart Foods Co. Ltd 0.81 SMP Products, Co., Ltd 0.81 Southport Seafood Co., Ltd 0.81 Star Frozen Foods Co., Ltd 0.81 Starfoods Industries Co., Ltd 0.81 Suntechthai Intertrading Co., Ltd 0.81 Surapon Foodsblic Co., Ltd./Surat Seafoods Public Co., Ltd 0.81 Surapon Nichirei Foods Co., Ltd 0.81 Suratthani Marine Products Co., Ltd 0.81 Suree Interfoods Co., Ltd 0.81 T.S.F. Seafood Co., Ltd 0.81 Tep Kinsho Foods Co., Ltd 0.81 Teppitak Seafood Co., Ltd 0.81 Tey Seng Cold Storage Co., Ltd 0.81 Thai Agri Foods Public Co., Ltd 0.81 Thai Hanjin Logistics Co., Ltd 0.81 Thai Mahachai Seafood Products Co., Ltd 0.81 Thai Ocean Venture Co., Ltd 0.81 Thai Patana Frozen 0.81 Thai Royal Frozen Food Co., Ltd 0.81 Thai Spring Fish Co., Ltd 0.81 Thai Union Manufacturing Company Limited (*) Thai World Imports and Exports Co., Ltd 0.81 Thai Yoo Ltd., Part 0.81 The Siam Union Frozen Foods Co., Ltd 0.81 The Union Frozen Products Co., Ltd./Bright Sea Co., Ltd 0.81 Trang Seafood Products Public Co., Ltd 0.81 Transamut Food Co., Ltd 0.81 Tung Lieng Tradg 0.81 United Cold Storage Co., Ltd 0.81 UTXI Aquatic Products Processing Company 0.81 V. Thai Food Product Co., Ltd 0.81 Wann Fisheries Co., Ltd 0.81 Xian-Ning Seafood Co., Ltd 0.81 Yeenin Frozen Foods Co., Ltd 0.81 ZAFCO TRDG 0.81 * No shipments or sales subject to this review.
    Disclosure and Public Comment

    The Department intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.9 Interested parties may submit cases briefs to the Department no later than 30 days after the date of publication of this notice.10 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.11 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.12 Case and rebuttal briefs should be filed using ACCESS.13

    9See 19 CFR 351.224(b).

    10See 19 CFR 351.309(c).

    11See 19 CFR 351.309(d).

    12See 19 CFR 351.309(c)(2) and (d)(2).

    13See 19 CFR 351.303.

    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 via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.14 Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.15

    14 See 19 CFR 351.310(c).

    15Id.

    The Department intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.

    Pursuant to 19 CFR 351.212(b)(1), where Mayao and Thai Union/Pakfood reported the entered value for of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where Mayao and Thai Union/Pakfood have not reported entered value, we calculated the entered value in order to calculate the assessment rates. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

    For the companies which were not selected for individual review, we will assign an assessment rate based on the average 16 of the cash deposit rates calculated for the companies selected for mandatory review (i.e., Mayao and Thai Union), excluding any which are de minimis or determined entirely on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.17

    16 This rate will be calculated as discussed in footnote 5, above.

    17See section 751(a)(2)(C) of the Act.

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective 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 each specific company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 5.34 percent, the all-others rate made effective by the Section 129 Determination. 18 These deposit requirements, when imposed, shall remain in effect until further notice.

    18See Implementation of the Findings of the WTO Panel in United States Antidumping Measure on Shrimp From Thailand: Notice of Determination Under Section 129 of the Uruguay Round Agreements Act and Partial Revocation of the Antidumping Duty Order on Frozen Warmwater Shrimp From Thailand, 74 FR 5638 (January 30, 2009) (Section 129 Determination).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

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

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Preliminary Determination of No Shipments 5. Discussion of the Methodology a. Normal Value Comparisons i. Determination of Comparison Method ii. Results of Differential Pricing Analysis b. Product Comparisons c. Export Price/Constructed Export Price d. Normal Value i. Home Market Viability ii. Affiliated-Party Transactions and Arm's-Length Test iii. Level of Trade iv. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test v. Calculation of Normal Value Based on Comparison Market Prices vi. Calculation of Normal Value Based on Constructed Value 6. Currency Conversion 7. Recommendation
    [FR Doc. 2017-04275 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-840] Certain Frozen Warmwater Shrimp From India: Preliminary Results of Antidumping Duty Administrative Review; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (Department) is conducting an administrative review of the antidumping duty order on certain frozen warmwater shrimp (shrimp) from India. The review covers 231 producers and/or exporters of the subject merchandise. The Department selected two mandatory respondents for individual examination: Falcon Marine Exports Limited and its affiliate K.R. Enterprises (collectively, Falcon); and the Liberty Group, which consists of: Devi Marine Food Exports Private Ltd.; Kader Exports Private Limited; Kader Investment and Trading Company Private Limited; Liberty Frozen Foods Pvt. Ltd.; Liberty Oil Mills Ltd.; Premier Marine Products Private Limited; and Universal Cold Storage Private Limited. The period of review (POR) is February 1, 2015, through January 31, 2016. We preliminarily determine that sales to the United States have been made below normal value and, therefore, are subject to antidumping duties. If these preliminary results are adopted in the final results of this review, we will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. We invite all interested parties to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Blaine Wiltse or Manuel Rey, AD/CVD Operations, Office II, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6345 or (202) 482-5518, respectively.

    Scope of the Order

    The merchandise subject to the order is certain frozen warmwater shrimp.1 The product is currently classified under the following Harmonized Tariff Schedule of the United States (HTSUS) item numbers: 0306.17.00.03, 0306.17.00.06, 0306.17.00.09, 0306.17.00.12, 0306.17.00.15, 0306.17.00.18, 0306.17.00.21, 0306.17.00.24, 0306.17.00.27, 0306.17.00.40, 1605.21.10.30, and 1605.29.10.10. Although the HTSUS numbers are provided for convenience and for customs purposes, the written product description remains dispositive.

    1 For a complete description of the Scope of the Order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, entitled “Decision Memorandum for the Preliminary Results of the 2015-2016 Administrative Review of the Antidumping Duty Order on Certain Frozen Warmwater Shrimp from India,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Methodology

    The Department is conducting this review in accordance with section 751(a)(2) of the Tariff Act of 1930, as amended (the Act). 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, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content. A list of the topics discussed in the Preliminary Decision Memorandum is attached as the Appendix to this notice.

    Preliminary Results of the Review

    As a result of this review, we preliminarily determine that weighted-average dumping margins exist for the respondents for the period February 1, 2015, through January 31, 2016, as follows:

    Exporter/Producer Weighted-
  • average dumping
  • margin
  • (percent)
  • Falcon Marine Exports Limited/K.R. Enterprises 1.07 The Liberty Group 0.00

    Review-Specific Average Rate Applicable to the Following Companies: 2

    2 This rate is based on the rates for the respondents that were selected for individual review, excluding rates that are zero, de minimis or based entirely on facts available. See section 735(c)(5)(A) of the Act.

    Exporter/Producer Weighted-
  • average dumping
  • margin
  • (percent)
  • Abad Fisheries 1.07 Adilakshmi Enterprises 1.07 Akshay Food Impex Pvt., Limited 1.07 Alashore Marine Exports (P) Ltd 1.07 Allana Frozen Foods Pvt. Ltd 1.07 Allanasons Ltd 1.07 AMI Enterprises 1.07 Amulya Seafoods 1.07 Anand Aqua Exports 1.07 Ananda Aqua Applications/Ananda Aqua Exports (P) Limited/Ananda Foods 1.07 Ananda Enterprises (India) Private Limited 1.07 Angelique Intl 1.07 Anjaneya Seafoods 1.07 Apex Frozen Foods Private Limited 1.07 Aquatica Frozen Foods Global Pvt. Ltd 1.07 Arvi Import & Export 1.07 Asvini Exports 1.07 Asvini Fisheries Private Limited 1.07 Avanti Feeds Limited 1.07 Ayshwarya Seafood Private Limited 1.07 B-One Business House Pvt. Ltd 1.07 B R Traders 1.07 Baby Marine Exports 1.07 Baby Marine International 1.07 Baby Marine Sarass 1.07 Baby Marine Ventures 1.07 Balasore Marine Exports Private Limited 1.07 Bay Seafoods 1.07 Bhatsons Aquatic Products 1.07 Bhavani Seafoods 1.07 Bijaya Marine Products 1.07 Blue Fin Frozen Foods Pvt. Ltd 1.07 Blue Water Foods & Exports P. Ltd 1.07 Bluepark Seafoods Private Ltd 1.07 BMR Exports 1.07 BMR Industries Private Limited 1.07 Britto Exports 1.07 C P Aquaculture (India) Ltd 1.07 Calcutta Seafoods Pvt. Ltd 1.07 Canaan Marine Products 1.07 Capithan Exporting Co 1.07 Cargomar Private Limited 1.07 Castlerock Fisheries Ltd 1.07 Chemmeens (Regd) 1.07 Cherukattu Industries (Marine Div.) 1.07 Choice Canning Company 1.07 Choice Trading Corporation Private Limited 1.07 Coastal Aqua 1.07 Coastal Corporation Ltd 1.07 Cochin Frozen Food Exports Pvt. Ltd 1.07 Coreline Exports 1.07 Corlim Marine Exports Pvt. Ltd 1.07 D2 D Logistics Private Limited 1.07 Damco India Private Limited 1.07 Delsea Exports Pvt. Ltd 1.07 Devi Aquatech Private Limited 1.07 Devi Fisheries Limited/Satya Seafoods Private Limited/Usha Seafoods 1.07 Devi Sea Foods Limited 3 1.07 Diamond Seafoods Exports/Edhayam Frozen Foods Pvt. Ltd./Kadalkanny Frozen Foods/Theva & Company 1.07 Esmario Export Enterprises 1.07 Exporter Coreline Exports 1.07 Febin Marine Foods 1.07 Five Star Marine Exports Private Limited 1.07 Forstar Frozen Foods Pvt. Ltd 1.07 Frontline Exports Pvt. Ltd 1.07 G A Randerian Ltd 1.07 Gadre Marine Exports 1.07 Galaxy Maritech Exports P. Ltd 1.07 Gayatri Seafoods 1.07 Geo Aquatic Products (P) Ltd 1.07 Geo Seafoods 1.07 Goodwill Enterprises 1.07 Grandtrust Overseas (P) Ltd 1.07 GVR Exports Pvt. Ltd 1.07 Haripriya Marine Export Pvt. Ltd 1.07 Harmony Spices Pvt. Ltd 1.07 HIC ABF Special Foods Pvt. Ltd 1.07 Hindustan Lever, Ltd 1.07 Hiravata Ice & Cold Storage 1.07 Hiravati Exports Pvt. Ltd 1.07 Hiravati International Pvt. Ltd. (located at APM—Mafco Yard, Sector—18, Vashi, Navi, Mumbai—400 705, India) 1.07 Hiravati International Pvt. Ltd. (located at Jawar Naka, Porbandar, Gujarat, 360 575, India) 1.07 IFB Agro Industries Ltd 1.07 Indian Aquatic Products 1.07 Indo Aquatics 1.07 Indo Fisheries 1.07 Indo French Shellfish Company Private Limited 1.07 Innovative Foods Limited 1.07 International Freezefish Exports 1.07 Interseas 1.07 ITC Limited, International Business 1.07 ITC Ltd 1.07 Jagadeesh Marine Exports 1.07 Jaya Satya Marine Exports 1.07 Jaya Satya Marine Exports Pvt. Ltd 1.07 Jaya Lakshmi Sea Foods Pvt. Limited 1.07 Jinny Marine Traders 1.07 Jiya Packagings 1.07 K R M Marine Exports Ltd 1.07 K V Marine Exports 1.07 Kalyan Aqua & Marine Exp. India Pvt. Ltd 1.07 Kalyanee Marine 1.07 Kanch Ghar 1.07 Karunya Marine Exports Private Limited 1.07 Kay Kay Exports 1.07 Kay Kay Exports (Kay Kay Foods) 1.07 Kings Marine Products 1.07 KNC Agro Limited 1.07 Koluthara Exports Ltd 1.07 Landauer Ltd 1.07 Libran Cold Storages (P) Ltd 1.07 Magnum Estates Limited 1.07 Magnum Export 1.07 Magnum Sea Foods Limited 1.07 Malabar Arabian Fisheries 1.07 Malnad Exports Pvt. Ltd 1.07 Mangala Marine Exim India Pvt. Ltd 1.07 Mangala Seafoods 1.07 Mangala Sea Products 1.07 Marine Harvest India 1.07 Meenaxi Fisheries Pvt. Ltd 1.07 Milesh Marine Exports Private Limited 1.07 MSRDR Exports 1.07 MTR Foods 1.07 Munnangi Sea Foods Pvt. Ltd 1.07 N.C. John & Sons (P) Ltd 1.07 Naga Hanuman Fish Packers 1.07 Naik Frozen Foods Private Limited 1.07 Naik Seafoods Ltd 1.07 Navayuga Exports 1.07 Neeli Aqua Private Limited 1.07 Nekkanti Sea Foods Limited 1.07 Nezami Rekha Sea Foods Private Limited 1.07 NGR Aqua International 1.07 Nila Sea Foods Exports 1.07 Nila Sea Foods Pvt. Ltd 1.07 Nine Up Frozen Foods 1.07 Nutrient Marine Foods Ltd 1.07 Oceanic Edibles International Limited 1.07 Overseas Marine Export 1.07 Paragon Sea Foods Pvt. Ltd 1.07 Paramount Seafoods 1.07 Parayil Food Products Pvt. Ltd 1.07 Penver Products Pvt. Ltd 1.07 Pesca Marine Products Pvt. Ltd 1.07 Pijikay International Exports P Ltd 1.07 Pisces Seafood International 1.07 Premier Exports International 1.07 Premier Marine Foods 1.07 Premier Seafoods Exim (P) Ltd 1.07 R V R Marine Products Limited 1.07 Raa Systems Pvt. Ltd 1.07 Raju Exports 1.07 Ram's Assorted Cold Storage Ltd 1.07 Raunaq Ice & Cold Storage 1.07 Raysons Aquatics Pvt. Ltd 1.07 Razban Seafoods Ltd 1.07 RBT Exports 1.07 RDR Exports 1.07 RF Exports 1.07 Riviera Exports Pvt. Ltd 1.07 Rohi Marine Private Ltd 1.07 S & S Seafoods 1.07 S Chanchala Combines 1.07 S.A. Exports 1.07 S.J. Seafoods 1.07 Safa Enterprises 1.07 Sagar Foods 1.07 Sagar Grandhi Exports Pvt. Ltd 1.07 Sagar Samrat Seafoods 1.07 Sagarvihar Fisheries Pvt. Ltd 1.07 Sai Marine Exports Pvt. Ltd 1.07 Sai Sea Foods 1.07 Salvam Exports (P) Ltd 1.07 Sanchita Marine Products Private Limited 1.07 Sandhya Aqua Exports 1.07 Sandhya Aqua Exports Pvt. Ltd 1.07 Sandhya Marines Limited 1.07 Santhi Fisheries & Exports Ltd 1.07 Sarveshwari Exports 1.07 Sawant Food Products 1.07 Sea Foods Private Limited 1.07 Seagold Overseas Pvt. Ltd 1.07 Selvam Exports Private Limited 1.07 Sharat Industries Ltd 1.07 Sharma Industries 1.07 Shimpo Exports Pvt. Ltd 1.07 Shippers Exports 1.07 Shiva Frozen Food Exports Pvt. Ltd 1.07 Shree Datt Aquaculture Farms Pvt. Ltd 1.07 Shroff Processed Food & Cold Storage P Ltd 1.07 Silver Seafood 1.07 Sita Marine Exports 1.07 Sowmya Agri Marine Exports 1.07 Sprint Exports Pvt. Ltd 1.07 Sri Chandrakantha Marine Exports 1.07 Sri Sakkthi Cold Storage 1.07 Sri Satya Marine Exports 1.07 Sri Venkata Padmavathi Marine Foods Pvt. Ltd 1.07 Srikanth International 1.07 Star Agro Marine Exports Private Limited 1.07 Star Organic Foods Incorporated 1.07 Sterling Foods 1.07 Sun-Bio Technology Ltd 1.07 Sunrise Aqua Food Exports 1.07 Supran Exim Private Limited 1.07 Suryamitra Exim Pvt. Ltd 1.07 Suvarna Rekha Exports Private Limited 1.07 Suvarna Rekha Marines P Ltd 1.07 TBR Exports Pvt Ltd 1.07 Teekay Marine P Ltd 1.07 The Waterbase Ltd 1.07 Triveni Fisheries P Ltd 1.07 U & Company Marine Exports 1.07 Uniroyal Marine Exports Ltd 1.07 Unitriveni Overseas 1.07 V V Marine Products 1.07 V.S. Exim Pvt Ltd 1.07 Vasista Marine 1.07 Veejay Impex 1.07 Veerabhadra Exports Private Limited 1.07 Veronica Marine Exports Private Limited 1.07 Victoria Marine & Agro Exports Ltd 1.07 Vinner Marine 1.07 Vishal Exports 1.07 Vitality Aquaculture Pvt., Ltd 1.07 Wellcome Fisheries Limited 1.07 West Coast Frozen Foods Private Limited 1.07 Z A Sea Foods Pvt. Ltd 1.07
    Disclosure and Public Comment

    The Department intends to disclose the calculations performed in connection with these preliminary results to interested parties within five days after the date of publication of this notice.4 Interested parties may submit case briefs to the Department no later than seven days after the date of the final verification report issued in this review. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.5 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.6 Case and rebuttal briefs should be filed using ACCESS.7

    3 Shrimp produced and exported by Devi Sea Foods (Devi) was excluded from the AD Indian order effective February 1, 2009. See Certain Frozen Warmwater Shrimp from India: Final Results of Antidumping Duty Administrative Review, Partial Rescission of Review, and Notice of Revocation of Order in Part, 75 FR 41813, 41814 (July 19, 2010). Accordingly, we are conducting this administrative review with respect to Devi only for shrimp produced in India where Devi acted as either the manufacturer or exporter (but not both).

    4See 19 CFR 351.224(b).

    5See 19 CFR 351.309(d).

    6See 19 CFR 351.309(c)(2) and (d)(2).

    7See 19 CFR 351.303.

    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 via ACCESS. An electronically-filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Time within 30 days after the date of publication of this notice.8 Hearing requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230.9

    8See 19 CFR 351.310(c).

    9Id.

    The Department intends to issue the final results of this administrative review, including the results of its analysis raised in any written briefs, not later than 120 days after the publication date of this notice, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon completion of the administrative review, the Department shall determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.

    Pursuant to 19 CFR 351.212(b)(1), because Falcon and the Liberty Group reported the entered value for all of their U.S. sales, we calculated importer-specific ad valorem duty assessment rates based on the ratio of the total amount of antidumping duties calculated for the examined sales to the total entered value of the sales for which entered value was reported. Where either the respondent's weighted-average dumping margin is zero or de minimis within the meaning of 19 CFR 351.106(c), or an importer-specific rate is zero or de minimis, we will instruct CBP to liquidate the appropriate entries without regard to antidumping duties.

    For the companies which were not selected for individual review, we will assign an assessment rate based on the average 10 of the cash deposit rates calculated for the companies selected for mandatory review (i.e., Falcon and the Liberty Group), excluding any which are de minimis or determined entirely on adverse facts available. The final results of this review shall be the basis for the assessment of antidumping duties on entries of merchandise covered by the final results of this review and for future deposits of estimated duties, where applicable.11

    10 This rate will be calculated as discussed in footnote 2, above.

    11See section 751(a)(2)(C) of the Act.

    We intend to issue liquidation instructions to CBP 15 days after publication of the final results of this review.

    Cash Deposit Requirements

    The following deposit requirements will be effective 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 each specific company listed above will be that established in the final results of this review, except if the rate is less than 0.50 percent and, therefore, de minimis within the meaning of 19 CFR 351.106(c)(1), in which case the cash deposit rate will be zero; (2) for previously reviewed or investigated companies not participating in this review, the cash deposit will continue to be the company-specific rate published for the most recently completed segment; (3) if the exporter is not a firm covered in this review, or the original less-than-fair-value (LTFV) investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recent segment for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 10.17 percent, the all-others rate made effective by the LTFV investigation.12 These deposit requirements, when imposed, shall remain in effect until further notice.

    12See Notice of Amended Final Determination of Sale at Less Than Fair Value and Antidumping Duty Order: Certain Frozen Warmwater Shrimp From India, 70 FR 5147 (February 1, 2005).

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Secretary's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

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

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix—List of Topics Discussed in the Preliminary Decision Memorandum 1. Summary 2. Background 3. Scope of the Order 4. Discussion of the Methodology a. Normal Value Comparisons b. Determination of Comparison Method c. Results of Differential Pricing Analysis d. Product Comparisons e. Export Price f. Normal Value i. Home Market Viability and Comparison Market ii. Level of Trade iii. Cost of Production Analysis 1. Calculation of Cost of Production 2. Test of Comparison Market Sales Prices 3. Results of the COP Test iv. Calculation of Normal Value Based on Comparison Market Prices v. Calculation of Normal Value Based on Constructed Value 5. Currency Conversion 6. Recommendation
    [FR Doc. 2017-04282 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-954] Certain Magnesia Carbon Bricks From the People's Republic of China: Rescission of Antidumping Duty Administrative Review AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is rescinding the administrative review of the antidumping duty order on certain magnesia carbon bricks from the People's Republic of China for the period of review (POR), September 1, 2015, through August 31, 2016.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Kenneth Hawkins, AD/CVD Operations, Office V, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone 202.482.6491.

    SUPPLEMENTARY INFORMATION: Background

    On September 8, 2016, the Department published a notice of opportunity to request an administrative review of the antidumping duty order on certain magnesia carbon bricks from the People's Republic of China for the POR.1 On November 9, 2016, based on a timely request for review by Petitioner,2 the Department published in the Federal Register a notice of initiation of an administrative review of the antidumping duty order on certain magnesia carbon bricks, covering the POR.3 On February 3, 2017, Petitioner withdrew its request for an administrative review of these companies in its entirety.4

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review, 81 FR 62096 (September 8, 2016).

    2 The Magnesia Carbon Bricks Fair Trade Committee is an ad hoc association comprised of the following three U.S. producers of magnesia carbon bricks: Resco Products, Inc.; Magnesita Refractories Company; and Harbison Walker International, Inc. (collectively Petitioner). See letter from Petitioner Re: Magnesia Carbon Bricks from the People's Republic of China: Request for Administrative Review, dated September 30, 2016.

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 78778 (November 9, 2016) (Initiation).

    4See letter from Petitioners, Re: Magnesia Carbon Bricks from the People's Republic of China Withdrawal of Request for Administrative Review, dated February 3, 2017. These Companies are: Fedmet Resources Corportion; Fengchi Imp. and Exp. Co., Ltd. Of Haicheng City; Fengchi Mining Co., Ltd. Of Haicheng City; Fengchi Refractories Co., of Haicheng City; Dashiqiao City Guancheng Refractor Co., Ltd. (aka Dashiqiao City Guancheng Refractory Co., Ltd.); Jiangsu Sujia Group New Materials Co., Ltd.; Liaoning Fucheng Refractories Group Co., Ltd.; Liaoning Fucheng Special Refractory Co., Ltd.; Liaoning Jiayi Metals & Minerals Co., Ltd.; Puyang Refractories Group Co., Ltd.; RHI Refractories Liaoning Co., Ltd.; Yingkou Bayuquan Refractories Co., Ltd.; Yingkou Dalmond Refractories Co., Ltd.; Yingkou Guangyang Co., Ltd.; Yingkou Jiahe Refractories Co., Ltd.; Yingkou Kyushu Refractories Co., Ltd.; Yingkou New Century Refractories Ltd.; and, Yingkou Wonjin Refractory Material Co., Ltd.

    Rescission of Review

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the party that requested the review withdraws its request within 90 days of the publication of the notice of initiation of the requested review. Petitioner withdrew its request within the 90-day deadline. No other party requested an administrative review of the antidumping duty order. As a result, we are rescinding the administrative review of certain magnesia carbon bricks from the People's Republic of China for the POR.

    Assessment

    The Department will instruct U.S. Customs and Border Protection (CBP) to assess antidumping duties on all appropriate entries. Because the Department is rescinding this administrative review in its entirety, the entries to which this administrative review pertained shall be assessed antidumping duties at rates equal to the cash deposit of estimated antidumping duties required at the time of entry, or withdrawal from warehouse, for consumption, in accordance with 19 CFR 351.212(c)(1)(i). The Department intends to issue appropriate assessment instructions to CBP 15 days after the publication of this notice.

    Notifications

    This notice serves as a final reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties prior to liquidation of the relevant entries during this review period. Failure to comply with this requirement could result in the Department's presumption that reimbursement of the antidumping duties occurred and the subsequent assessment of doubled antidumping duties.

    This notice also serves as a final reminder to parties subject to administrative protective order (APO) of their responsibility concerning the return or destruction of proprietary information disclosed under APO in accordance with 19 CFR 351.305, which continues to govern business proprietary information in this segment of the proceeding. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    This notice is issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Tariff Act of 1930, as amended, and 19 CFR 351.213(d)(4).

    Dated: February 27, 2017. James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-04266 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review AGENCY:

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

    FOR FURTHER INFORMATION CONTACT:

    Brenda E. Waters, Office of AD/CVD Operations, Customs Liaison Unit, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, telephone: (202) 482-4735.

    Background

    Each year during the anniversary month of the publication of an antidumping or countervailing duty order, finding, or suspended investigation, an interested party, as defined in section 771(9) of the Tariff Act of 1930, as amended (“the Act”), may request, in accordance with 19 CFR 351.213, that the Department of Commerce (“the Department”) conduct an administrative review of that antidumping or countervailing duty order, finding, or suspended investigation.

    All deadlines for the submission of comments or actions by the Department discussed below refer to the number of calendar days from the applicable starting date.

    Respondent Selection

    In the event the Department limits the number of respondents for individual examination for administrative reviews initiated pursuant to requests made for the orders identified below, the Department intends to select respondents based on U.S. Customs and Border Protection (“CBP”) data for U.S. imports during the period of review. We intend to release the CBP data under Administrative Protective Order (“APO”) to all parties having an APO within five days of publication of the initiation notice and to make our decision regarding respondent selection within 21 days of publication of the initiation Federal Register notice. Therefore, we encourage all parties interested in commenting on respondent selection to submit their APO applications on the date of publication of the initiation notice, or as soon thereafter as possible. The Department invites comments regarding the CBP data and respondent selection within five days of placement of the CBP data on the record of the review.

    In the event the Department decides it is necessary to limit individual examination of respondents and conduct respondent selection under section 777A(c)(2) of the Act:

    In general, the Department finds that determinations concerning whether particular companies should be “collapsed” (i.e., treated as a single entity for purposes of calculating antidumping duty rates) require a substantial amount of detailed information and analysis, which often require follow-up questions and analysis. Accordingly, the Department will not conduct collapsing analyses at the respondent selection phase of a review and will not collapse companies at the respondent selection phase unless there has been a determination to collapse certain companies in a previous segment of this antidumping proceeding (i.e., investigation, administrative review, new shipper review or changed circumstances review). For any company subject to a review, if the Department determined, or continued to treat, that company as collapsed with others, the Department will assume that such companies continue to operate in the same manner and will collapse them for respondent selection purposes. Otherwise, the Department will not collapse companies for purposes of respondent selection. Parties are requested to (a) identify which companies subject to review previously were collapsed, and (b) provide a citation to the proceeding in which they were collapsed. Further, if companies are requested to complete a Quantity and Value Questionnaire for purposes of respondent selection, in general each company must report volume and value data separately for itself. Parties should not include data for any other party, even if they believe they should be treated as a single entity with that other party. If a company was collapsed with another company or companies in the most recently completed segment of a proceeding where the Department considered collapsing that entity, complete quantity and value data for that collapsed entity must be submitted.

    Deadline for Withdrawal of Request for Administrative Review

    Pursuant to 19 CFR 351.213(d)(1), a party that requests a review may withdraw that request within 90 days of the date of publication of the notice of initiation of the requested review. The regulation provides that the Department may extend this time if it is reasonable to do so. In order to provide parties additional certainty with respect to when the Department will exercise its discretion to extend this 90-day deadline, interested parties are advised that, with regard to reviews requested on the basis of anniversary months on or after March 2017, the Department does not intend to extend the 90-day deadline unless the requestor demonstrates that an extraordinary circumstance prevented it from submitting a timely withdrawal request. Determinations by the Department to extend the 90-day deadline will be made on a case-by-case basis.

    The Department is providing this notice on its Web site, as well as in its “Opportunity to Request Administrative Review” notices, so that interested parties will be aware of the manner in which the Department intends to exercise its discretion in the future.

    Opportunity To Request a Review: Not later than the last day of March 2017,1 interested parties may request administrative review of the following orders, findings, or suspended investigations, with anniversary dates in March for the following periods:

    1 Or the next business day, if the deadline falls on a weekend, federal holiday or any other day when the Department is closed.

    Period of review Antidumping Duty Proceedings Australia: Uncoated Paper, A-602-807 8/26/15-2/28/17 Brazil: Uncoated Paper, A-351-842 8/27/15-2/28/17 Canada: Iron Construction Castings, A-122-503 3/1/16-2/28/17 France: Brass Sheet & Strip, A-427-602 3/1/16-2/28/17 Germany: Brass Sheet & Strip, A-428-602 3/1/16-2/28/17 India: Sulfanilic Acid, A-533-806 3/1/16-2/28/17 Indonesia: Uncoated Paper, A-560-828 8/26/15-2/28/17 Italy: Brass Sheet & Strip, A-475-601 3/1/16-2/28/17 Portugal: Uncoated Paper, A-471-807 8/26/15-2/28/17 Russia: Silicon Metal, A-821-817 3/1/16-2/28/17 Spain: Stainless Steel Bar, A-469-805 3/1/16-2/28/17 Taiwan: Light-Walled Rectangular Welded Carbon Steel Pipe and Tube, A-583-803 3/1/16-2/28/17 Thailand: Circular Welded Carbon Steel Pipes and Tubes, A-549-502 3/1/16-2/28/17 The People's Republic of China: Chloropicrin, A-570-002 3/1/16-2/28/17 The People's Republic of China: Circular Welded Austenitic Stainless Pressure Pipe, A-570-930 3/1/16-2/28/17 The People's Republic of China: Glycine, A-570-836 3/1/16-2/28/17 The People's Republic of China: Sodium Hexametaphosphate, A-570-908 3/1/16-2/28/17 The People's Republic of China: Tissue Paper Products, A-570-894 3/1/16-2/28/17 The People's Republic of China: Uncoated Paper, A-570-022 8/26/15-2/28/17 Countervailing Duty Proceedings India: Sulfanilic Acid, C-533-807 1/1/16-12/31/16 Indonesia: Uncoated Paper, C-560-829 6/29/15-12/31/16 Iran: In-Shell Pistachios Nuts, C-507-501 1/1/16-12/31/16 The People's Republic of China: Circular Welded Austenitic Stainless Pressure Pipe, C-570-931 1/1/16-12/31/16 The People's Republic of China: Uncoated Paper, C-570-023 6/29/15-12/31/16 Turkey: Circular Welded Carbon Steel Pipe and Tubes, C-489-502 1/1/16-12/31/16 Suspension Agreements Mexico: Fresh Tomatoes,2 A-201-820 3/1/16-2/28/17

    In accordance with 19 CFR 351.213(b), an interested party as defined by section 771(9) of the Act may request in writing that the Secretary conduct an administrative review. For both antidumping and countervailing duty reviews, the interested party must specify the individual producers or exporters covered by an antidumping finding or an antidumping or countervailing duty order or suspension agreement for which it is requesting a review. In addition, a domestic interested party or an interested party described in section 771(9)(B) of the Act must state why it desires the Secretary to review those particular producers or exporters. If the interested party intends for the Secretary to review sales of merchandise by an exporter (or a producer if that producer also exports merchandise from other suppliers) which was produced in more than one country of origin and each country of origin is subject to a separate order, then the interested party must state specifically, on an order-by-order basis, which exporter(s) the request is intended to cover.

    2 In the notice of opportunity to request administrative reviews that published on January 10, 2017 (82 FR 2951) the Department inadvertently listed Fresh Tomatoes from Mexico in the month of January. March is the correct month of review for this case.

    Note that, for any party the Department was unable to locate in prior segments, the Department will not accept a request for an administrative review of that party absent new information as to the party's location. Moreover, if the interested party who files a request for review is unable to locate the producer or exporter for which it requested the review, the interested party must provide an explanation of the attempts it made to locate the producer or exporter at the same time it files its request for review, in order for the Secretary to determine if the interested party's attempts were reasonable, pursuant to 19 CFR 351.303(f)(3)(ii).

    As explained in Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003), and Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), the Department clarified its practice with respect to the collection of final antidumping duties on imports of merchandise where intermediate firms are involved. The public should be aware of this clarification in determining whether to request an administrative review of merchandise subject to antidumping findings and orders.3

    3See also the Enforcement and Compliance Web site at http://trade.gov/enforcement/.

    The Department no longer considers the non-market economy (NME) entity as an exporter conditionally subject to an antidumping duty administrative reviews.4 Accordingly, the NME entity will not be under review unless the Department specifically receives a request for, or self-initiates, a review of the NME entity.5 In administrative reviews of antidumping duty orders on merchandise from NME countries where a review of the NME entity has not been initiated, but where an individual exporter for which a review was initiated does not qualify for a separate rate, the Department will issue a final decision indicating that the company in question is part of the NME entity. However, in that situation, because no review of the NME entity was conducted, the NME entity's entries were not subject to the review and the rate for the NME entity is not subject to change as a result of that review (although the rate for the individual exporter may change as a function of the finding that the exporter is part of the NME entity).

    4See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).

    5 In accordance with 19 CFR 351.213(b)(1), parties should specify that they are requesting a review of entries from exporters comprising the entity, and to the extent possible, include the names of such exporters in their request.

    Following initiation of an antidumping administrative review when there is no review requested of the NME entity, the Department will instruct CBP to liquidate entries for all exporters not named in the initiation notice, including those that were suspended at the NME entity rate. All requests must be filed electronically in Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”) on Enforcement and Compliance's ACCESS Web site at http://access.trade.gov.6 Further, in accordance with 19 CFR 351.303(f)(l)(i), a copy of each request must be served on the petitioner and each exporter or producer specified in the request.

    6See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    The Department will publish in the Federal Register a notice of “Initiation of Administrative Review of Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation” for requests received by the last day of March 2017. If the Department does not receive, by the last day of March 2017, a request for review of entries covered by an order, finding, or suspended investigation listed in this notice and for the period identified above, the Department will instruct CBP to assess antidumping or countervailing duties on those entries at a rate equal to the cash deposit of (or bond for) estimated antidumping or countervailing duties required on those entries at the time of entry, or withdrawal from warehouse, for consumption and to continue to collect the cash deposit previously ordered.

    For the first administrative review of any order, there will be no assessment of antidumping or countervailing duties on entries of subject merchandise entered, or withdrawn from warehouse, for consumption during the relevant provisional-measures “gap” period of the order, if such a gap period is applicable to the period of review.

    This notice is not required by statute but is published as a service to the international trading community.

    Dated: February 27, 2017. James Maeder, Senior Director, Office I for Antidumping and Countervailing Duty Operations.
    [FR Doc. 2017-04280 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-533-869] Certain New Pneumatic Off-the-Road Tires From India: Antidumping Duty Order AGENCY:

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

    SUMMARY:

    Based on an affirmative amended final determination by the Department of Commerce (the Department) and an affirmative final determination by the International Trade Commission (the ITC), the Department is issuing an antidumping duty order on certain new pneumatic off-the-road tires (off road tires) from India.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Lilit Astvatsatrian or Trisha Tran, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6412 or (202) 482-4852, respectively.

    SUPPLEMENTARY INFORMATION: Background

    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 17, 2017, the Department published its final negative determination of sales at less-than-fair-value (LTFV) with respect to off-the-road tires from India.1 Pursuant to section 735(e) of the Act and 19 CFR 351.224(e), which provide for the correction of ministerial errors, on February 2, 2017, the Department published its affirmative amended final determination of sales at LTFV.2 On February 23, 2017, the ITC notified the Department of its final determination that an industry in the United States is materially injured within the meaning of section 735(b)(1)(A)(i) of the Act, by reason of the LTFV imports of off road tires from India.3

    1See Certain New Pneumatic Off-the-Road Tires from India: Final Negative Determination of Sales at Less Than Fair Value and Final Determination of Critical Circumstances, 82 FR 4848 (January 17, 2017).

    2See Certain New Pneumatic Off-the-Road Tires from India: Affirmative Amended Final Determination of Sales at Less Than Fair Value and Final Negative Determination of Critical Circumstances, 82 FR 9056 (February 2, 2017) (Amended Final Determination).

    3See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding off the road tires from the India and Sri Lanka (February 23, 2017). See also Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka, Investigation Nos. 701‐TA‐552‐553 and 731‐TA‐1308 (Final), USITC Publication 4669 (February 2017).

    Scope of the Order

    The products covered by this order are off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the order, see Appendix I.

    Antidumping Duty Order

    In accordance with sections 735(b)(1)(A)(i) and 735(d) of the Act, the ITC notified the Department of its final determination that the industry in the United States producing off road tires is materially injured by reason of the LTFV imports of off road tires from India.4 Therefore, in accordance with section 735(c)(2) of the Act, we are publishing this antidumping duty order.

    4Id.

    As a result of the ITC's final determination, 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 off-road tires from India. Antidumping duties will be assessed on unliquidated entries of off road tires from India entered, or withdrawn from warehouse, for consumption on or after February 2, 2017, the date of publication of the Amended Final Determination. 5

    5Amended Final Determination.

    Continuation of Suspension of Liquidation

    In accordance with section 735(c)(1)(B) of the Act, the Department will instruct CBP to continue to suspend liquidation on all relevant entries of off road tires from India. These instructions suspending liquidation will remain in effect until further notice.

    We will also instruct CBP to require cash deposits equal to the estimated weighted-average dumping margins indicated below. Accordingly, effective on the date of publication of the ITC's final affirmative injury 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 antidumping duty margins listed below.6 The all-others rate applies to all producers or exporters not specifically listed. For the purposes of determining cash deposit rates, the estimated weighted-average dumping margins for imports of subject merchandise from India have been adjusted for export subsidies found in the amended final determination of the companion countervailing duty investigation of this merchandise (i.e., 4.72 percent).7

    6See Section 736(a)(3) of the Act.

    7See Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders, dated concurrently with this notice.

    Estimated Weighted-Average Dumping Margins

    The estimated weighted-average antidumping duty margin percentages are as follows:

    Exporter/
  • producer
  • Weighted-
  • average dumping
  • margin
  • (percent)
  • Cash
  • deposit
  • rate
  • adjusted
  • for subsidy
  • offset
  • (percent)
  • ATC Tires Private Ltd 3.67 0.00 All-Others 3.67 0.00
    Notification to Interested Parties

    This notice constitutes the antidumping duty order with respect to off road tires from India pursuant to section 736(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.

    These orders are published in accordance with section 736(a) of the Act and 19 CFR 351.211(b).

    Dated: March 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Order

    The scope of the order is certain new pneumatic off-the-road tires (off-road tires). Off-road tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type 8 or tubeless, radial, or non-radial, regardless of whether for original equipment manufacturers or the replacement market.

    8 While tube-type tires are subject to the scope of these proceedings, tubes and flaps are not subject merchandise and therefore are not covered by the scope of these proceedings, regardless of the manner in which they are sold (e.g., sold with or separately from subject merchandise).

    Subject tires may have the following prefix or suffix designation, which appears on the sidewall of the tire:

    Prefix designations:

    DH—Identifies a tire intended for agricultural and logging service which must be mounted on a DH drop center rim.

    VA—Identifies a tire intended for agricultural and logging service which must be mounted on a VA multipiece rim.

    IF—Identifies an agricultural tire to operate at 20 percent higher rated load than standard metric tires at the same inflation pressure.

    VF—Identifies an agricultural tire to operate at 40 percent higher rated load than standard metric tires at the same inflation pressure.

    Suffix designations:

    ML—Mining and logging tires used in intermittent highway service.

    DT—Tires primarily designed for sand and paver service.

    NHS—Not for Highway Service.

    TG—Tractor Grader, off-the-road tire for use on rims having bead seats with nominal +0.188″ diameter (not for highway service).

    K—Compactor tire for use on 5° drop center or semi-drop center rims having bead seats with nominal minus 0.032 diameter.

    IND—Drive wheel tractor tire used in industrial service.

    SL—Service limited to agricultural usage.

    FI—Implement tire for agricultural towed highway service.

    CFO—Cyclic Field Operation.

    SS—Differentiates tires for off-highway vehicles such as mini and skid-steer loaders from other tires which use similar size designations such as 7.00-15TR and 7.00-15NHS, but may use different rim bead seat configurations.

    All tires marked with any of the prefixes or suffixes listed above in their sidewall markings are covered by the scope regardless of their intended use.

    In addition, all tires that lack any of the prefixes or suffixes listed above in their sidewall markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the following sections of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set forth below. The sections of the Tire and Rim Association Year Book listing numerical size designations of covered certain off road tires include:

    The table of mining and logging tires included in the section on Truck-Bus tires;

    The entire section on Off-the-Road tires;

    The entire section on Agricultural tires; and

    The following tables in the section on Industrial/ATV/Special Trailer tires:

    • Industrial, Mining, Counterbalanced Lift Truck (Smooth Floors Only);

    • Industrial and Mining (Other than Smooth Floors);

    • Construction Equipment;

    • Off-the-Road and Counterbalanced Lift Truck (Smooth Floors Only);

    • Aerial Lift and Mobile Crane; and

    • Utility Vehicle and Lawn and Garden Tractor.

    Certain off road tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes certain off road tires produced in the subject countries whether mounted on wheels or rims in a subject country or in a third country. Certain off road tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires that enter attached to a vehicle are not covered by the scope.

    Specifically excluded from the scope are passenger vehicle and light truck tires, racing tires, mobile home tires, motorcycle tires, all-terrain vehicle tires, bicycle tires, on-road or on-highway trailer tires, and truck and bus tires. Such tires generally have in common that the symbol “DOT” must appear on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Such excluded tires may also have the following prefixes and suffixes included as part of the size designation on their sidewalls:

    Prefix letter designations:

    AT—Identifies a tire intended for service on All-Terrain Vehicles;

    P—Identifies a tire intended primarily for service on passenger cars;

    LT—Identifies a tire intended primarily for service on light trucks;

    T—Identifies a tire intended for one-position “temporary use” as a spare only; and

    ST—Identifies a special tire for trailers in highway service.

    Suffix letter designations:

    TR—Identifies a tire for service on trucks, buses, and other vehicles with rims having specified rim diameter of nominal plus 0.156″ or plus 0.250″;

    MH—Identifies tires for Mobile Homes;

    HC—Identifies a heavy duty tire designated for use on “HC” 15″ tapered rims used on trucks, buses, and other vehicles. This suffix is intended to differentiate among tires for light trucks, and other vehicles or other services, which use a similar designation.

    Example: 8R17.5 LT, 8R17.5 HC;

    LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service;

    ST—Special tires for trailers in highway service; and

    M/C—Identifies tires and rims for motorcycles.

    The following types of tires are also excluded from the scope: Pneumatic tires that are not new, including recycled or retreaded tires and used tires; non-pneumatic tires, including solid rubber tires; aircraft tires; and turf, lawn and garden, and golf tires. Also excluded from the scope are mining and construction tires that have a rim diameter equal to or exceeding 39 inches. Such tires may be distinguished from other tires of similar size by the number of plies that the construction and mining tires contain (minimum of 16) and the weight of such tires (minimum 1500 pounds).

    The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 8716.90.1020.9 Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.10 While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.

    9 Prior to January 1, 2017, subject merchandise was classifiable under the following HTSUS numbers which have been deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050, 4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and 4011.94.8000.

    10 Prior to January 1, 2017, tires meeting the scope description may also enter under the following HTSUS subheadings which have been deleted or discontinued: 4011.99.4550, 4011.99.8550, 8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and 8716.90.5055.

    [FR Doc. 2017-04432 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-971] Multilayered Wood Flooring From the People's Republic of China: Final Results of Expedited First Sunset Review of the Countervailing Duty Order AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) finds that revocation of the countervailing duty (CVD) order on multilayered wood flooring (MLWF) from the People's Republic of China (PRC) would likely lead to continuation or recurrence of a countervailable subsidy at the levels indicated in the “Final Results of Review” section of this notice.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Robert James or John Anwesen, AD/CVD Operations, Office VIII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-0649 or (202) 482-0131, respectively.

    SUPPLEMENTARY INFORMATION: Background

    On November 1, 2016, the Department initiated the first sunset review of the CVD order on MLWF from the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.218(c).1 The Department received a notice of intent to participate in the review on behalf of the Coalition for American Hardwood Parity and its member companies, Cumberland Products Group, LLC, d/b/a American OEM Wood Floors, Mannington Mills, Inc., Mohawk Industries, Inc., Shaw Industries Group, Inc. (collectively, CAHP), within the deadline specified in 19 CFR 351.218(d)(1)(i).2 CAHP claimed interested party status under section 771(9)(C) and (F) of the Act, as domestic producers of the domestic like product and an association comprised of domestic producers.

    1See Initiation of Five-Year (“Sunset”) Reviews, 81 FR 75808 (November 1, 2016).

    2See Coalition for American Hardwood Parity et al.'s Notice of Intent to Participate entitled, “Petitioners' Notice of Intent to Participate: Five-Year (“Sunset”) Review: Multilayered Wood Flooring from the People's Republic of China,” dated November 16, 2016.

    The Department received an adequate substantive response from the domestic industry within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 The Department did not receive a substantive response from any government or respondent interested party to the proceeding. Because the Department received no response from the respondent interested parties, the Department conducted an expedited review of this CVD order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).

    3See Coalition for American Hardwood Parity et al.'s Substantive Response entitled “Petitioner's Substantive Response: Five Year (“Sunset”) Review: Multilayered Wood Flooring from the People's Republic of China,” dated December 1, 2016.

    Scope of the Order

    The products covered by this order are certain multilayered wood flooring which are composed of an assembly of two or more layers or plies of wood veneer(s) 4 in combination with a core. Imports of the subject merchandise are provided for under the following subheadings of the Harmonized Tariff Schedule of the United States (HTSUS): 4412.31.0620; 4412.31.0640; 4412.31.0660; 4412.31.2610; 4412.31.2620; 4412.31.4140; 4412.31.4160; 4412.31.4175; 4412.31.5225; 4412.32.0640; 4412.32.0665; 4412.32.2610; 4412.32.2625; 4412.32.3225; 4412.32.5700; 4418.74.2000; 4418.74.9000; 4418.75.4000; 4418.75.7000; 4418.79.0100; 4412.31.0520; 4412.31.0540; 4412.31.0560; 4412.31.2510; 4412.31.2520; 4412.31.4040; 4412.31.4050; 4412.31.4060; 4412.31.4070; 4412.31.5125; 4412.31.5135; 4412.31.5155; 4412.31.5165; 4412.31.6000; 4412.31.9100; 4412.32.0520; 4412.32.0540; 4412.32.0560; 4412.32.2510; 4412.32.2520; 4412.32.3125; 4412.32.3135; 4412.32.3155; 4412.32.3165; 4412.32.3175; 4412.32.3185; 4412.32.5600; 4412.39.1000; 4412.39.3000; 4412.39.4011; 4412.39.4012; 4412.39.4019; 4412.39.4031; 4412.39.4032; 4412.39.4039; 4412.39.4051; 4412.39.4052; 4412.39.4059; 4412.39.4061; 4412.39.4062; 4412.39.4069; 4412.39.5010; 4412.39.5030; 4412.39.5050; 4412.94.1030; 4412.94.1050; 4412.94.3105; 4412.94.3111; 4412.94.3121; 4412.94.3131; 4412.94.3141; 4412.94.3160; 4412.94.3171; 4412.94.4100; 4412.94.5100; 4412.94.6000; 4412.94.7000; 4412.94.8000; 4412.94.9000; 4412.94.9500; 4412.99.0600; 4412.99.1020; 4412.99.1030; 4412.99.1040; 4412.99.3110; 4412.99.3120; 4412.99.3130; 4412.99.3140; 4412.99.3150; 4412.99.3160; 4412.99.3170; 4412.99.4100; 4412.99.5100; 4412.99.5710; 4412.99.6000; 4412.99.7000; 4412.99.8000; 4412.99.9000; 4412.99.9500; 4418.71.2000; 4418.71.9000; 4418.72.2000; 4418.72.9500; and 9801.00.2500.5 Although the HTSUS numbers are provided for convenience and customs purposes, the written product description remains dispositive. For a full description of the scope, see the Issues and Decision Memorandum, which is hereby adopted by this notice.6

    4 A “veneer” is a thin slice of wood, rotary cut, sliced or sawed from a log, bolt or flitch. Veneer is referred to as a ply when assembled.

    5 The following HTS numbers were added to the Case Reference File in ACE: 9801.00.2500, 4412.31.0620, 4412.31.0640, 4412.31.0660, 4412.31.2610, 4412.31.2620, 4412.31.4140, 4412.31.4160, 4412.31.4175, 4412.31.5225, 4412.32.0640, 4412.32.0665, 4412.32.2610, 4412.32.2625, 4412.32.3225, 4412.32.5700, 4418.74.2000, 4418.74.9000, 4418.75.4000, 4418.75.7000, 4418.79.0100. See Memorandum regarding: Multilayered Wood Flooring from the PRC, Modification of the Case Reference File in ACE, dated February 8, 2017; see also Memorandum regarding: Multilayered Wood Flooring from the People's Republic of China: A-570-970, C-570-971, dated February 9, 2017.

    6See Department Memorandum, “Issues and Decision Memorandum for the Final Results of the Expedited First Sunset Review of the Countervailing Duty Order on Multilayered Wood Flooring from the People's Republic of China” (Issues and Decision Memorandum), dated concurrently with this final notice.

    The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    Analysis of Comments Received

    All issues raised in this review are addressed in the Issues and Decision Memorandum. The issues discussed in the Issues and Decision Memorandum address the likelihood of continuation or recurrence of a countervailable subsidy, the net countervailable subsidy likely to prevail if the order were revoked, and the nature of the subsidy.

    Final Results of Review

    Pursuant to section 752(b)(1) and (3) of the Act, we determine that revocation of the CVD order on MLWF from the PRC would be likely to lead to continuation or recurrence of countervailable subsidies at the rates listed below:

    Exporter/manufacturer Net subsidy rate
  • % (ad valorem)
  • Fine Furniture (Shanghai) Ltd.; Great Wood (Tonghua) Ltd.; Fine Furniture Plantation (Shishou) Ltd 1.90 All-Others 2.27 124 Non-Cooperating Companies 7 27.37
    Notification Regarding Administrative Protective Order

    7See Issues and Decision Memorandum at Appendix I.

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

    The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(b), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-04271 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-533-870, C-542-801] Certain New Pneumatic Off-the-Road Tires From India and Sri Lanka: Amended Final Affirmative Countervailing Duty Determination for India and Countervailing Duty Orders AGENCY:

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

    SUMMARY:

    Based on affirmative final determinations by the Department of Commerce (the Department) and the International Trade Commission (ITC), the Department is issuing countervailing duty orders on certain new pneumatic off-the-road tires (off road tires) from India and Sri Lanka. In addition, the Department is amending its final determination with respect to India, as a result of ministerial errors.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Gene Calvert (India); Whitley Herndon (Sri Lanka); AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-3586 or (202) 482-6274, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    In accordance with sections 705(d) and 777(i) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.210(c), on January 10, 2017, the Department published its final determinations in the countervailing duty investigations of off road tires from India and Sri Lanka.1 On February 23, 2017, the ITC notified the Department of its final determination that an industry in the United States is materially injured by reason of subsidized imports of subject merchandise from India and Sri Lanka within the meaning of section 705(b)(1)(A)(i) of the Act, and its determination that critical circumstances do not exist with respect to imports of subject merchandise from India and Sri Lanka that are subject to the Department's affirmative critical circumstances finding.2

    1See Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Final Affirmative Determination, and Final Affirmative Critical Circumstances Determination, in Part, 82 FR 2946 (January 10, 2017) (India Final Determination); and Certain New Pneumatic Off-the-Road Tires from Sri Lanka: Final Affirmative Countervailing Duty Determination, and Final Determination of Critical Circumstances, 82 FR 2949 (January 10, 2017).

    2See Letter to Ronald Lorentzen, Acting Assistant Secretary of Commerce for Enforcement and Compliance, from Rhonda K. Schmidtlein, Chairman of the U.S. International Trade Commission, regarding off the road tires from the India and Sri Lanka (February 23, 2017). See also Certain New Pneumatic Off-the-Road Tires from India and Sri Lanka, Investigation Nos. 701-TA-552-553 and 731-TA-1308 (Final), USITC Publication 4669 (February 2017).

    Scope of the Orders

    The products covered by these orders are off road tires, which are tires with an off road tire size designation. For a complete description of the scope of the orders, see Appendix I.

    Amendment to India Final Determination

    On January 17, 2017, ATC Tires Private Limited (ATC) alleged that the Department made ministerial errors in the India Final Determination. 3 A ministerial error is defined as an error in addition, subtraction, or other arithmetic function, clerical error resulting from inaccurate copying, duplication, or the like, and any other similar type of unintentional error which the Secretary considers ministerial.4

    3See Letter from ATC, “Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination,” dated January 17, 2017.

    4See section 705(e) of the Act.

    The Department reviewed the record and agrees that the errors referenced in ATC's allegation constitute ministerial errors within the meaning of 19 CFR 351.224(f).5 Specifically, the Department double-counted the benefit ATC received through the Central Sales Tax Reimbursement Program and inadvertently treated a stamp duty exemption as a subsidy received during the POI when the record indicates it was received prior to the POI.6 Pursuant to 19 CFR 351.224(e), the Department is amending the India Final Determination to reflect the correction of the ministerial errors described above. Based on our correction, ATC's subsidy rate decreased from 4.90 percent to 4.72 percent.7 Because the “all-others” rate is based, in part, on ATC's subsidy rate, the “all-others” rate decreased from 5.06 percent to 4.94 percent.8

    5See Memorandum to Jim Maeder, Senior Director for Antidumping and Countervailing Duty Operations “Countervailing Duty Investigation of Certain New Pneumatic Off-the-Road Tires from India: Ministerial Error Comments on the Final Determination” (February 27, 2017).

    6Id.

    7Id.

    8Id.

    Countervailing Duty Orders

    In accordance with sections 705(b)(1)(A)(i) and 705(d) of the Act, the ITC notified the Department of its final determinations that the industry in the United States producing off road tires is materially injured by reason of subsidized imports of off road tires from India and Sri Lanka and that critical circumstances do not exist with respect to imports of subject merchandise from India and Sri Lanka that are subject to the Department's affirmative critical circumstances findings. Therefore, in accordance with section 705(c)(2) of the Act, we are publishing these countervailing duty orders.

    As a result of the ITC's final determination, 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 on unliquidated entries of off road tires entered, or withdrawn from warehouse, for consumption on or after June 20, 2016, the date on which the Department published its preliminary countervailing duty determinations in the Federal Register,9 and before October 18, 2016, the date on which the Department instructed CBP to discontinue the suspension of liquidation on subject merchandise from India and Sri Lanka in accordance with section 703(d) of the Act. Section 703(d) of the Act states that the suspension of liquidation pursuant to a preliminary determination may not remain in effect for more than four months. Therefore, entries of off road tires from India and Sri Lanka made on or after October 18, 2016, and prior to the date of publication of the ITC's final determination in the Federal Register are not liable for the assessment of countervailing duties due to the Department's discontinuation, effective October 18, 2016, for off road tires from India and Sri Lanka, of the suspension of liquidation.

    9See Certain New Pneumatic Off-the-Road Tires From India: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, in Part, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 39903 (June 20, 2016); and Certain New Pneumatic Off-the-Road Tires From Sri Lanka: Preliminary Affirmative Countervailing Duty Determination, Preliminary Affirmative Critical Circumstances Determination, and Alignment of Final Determination With Final Antidumping Determination, 81 FR 39900 (June 20, 2016) (collectively, CVD Preliminary Determinations).

    Suspension of Liquidation

    In accordance with section 706 of the Act, the Department will direct CBP to reinstitute the suspension of liquidation of off road tires from India and Sri Lanka, effective the date of publication of the ITC's notice of final determination in the Federal Register, and to assess, upon further instruction by the Department 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. On or after the date of publication of the ITC's final injury determination in the Federal Register, CBP must require, at the same time as importers would normally deposit estimated duties on this merchandise, a cash deposit equal to the rates noted below:

    Producer/exporter from India Subsidy rate
  • (percent)
  • ATC Tires Private Limited 4.72 Balkrishna Industries Limited 5.36 All Others 4.94
    Producer/exporter from Sri Lanka Subsidy rate
  • (percent)
  • Camso Loadstar (Private), Ltd 2.18 All Others 2.18
    Critical Circumstances

    With regard to the ITC's negative critical circumstances determination on imports of off road tires from India and Sri Lanka, 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 entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after March 22, 2016 (i.e., 90 days prior to the date of the publication of the CVD Preliminary Determinations), but before June 20, 2016 (i.e., the date of publication of the CVD Preliminary Determinations).

    Notifications to Interested Parties

    This notice constitutes the countervailing duty orders with respect to off road tires from India and Sri Lanka, pursuant to section 706(a) of the Act. Interested parties can find a list of antidumping duty orders currently in effect at http://enforcement.trade.gov/stats/iastats1.html.

    These orders are issued and published in accordance with section 706(a) of the Act and 19 CFR 351.211(b).

    Dated: March 2, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Attachment I Scope of the Orders

    The scope of these orders is certain new pneumatic off-the-road tires (certain off road tires). Certain off road tires are tires with an off road tire size designation. The tires included in the scope may be either tube-type 10 or tubeless, radial, or non-radial, regardless of whether for original equipment manufacturers or the replacement market.

    10 While tube-type tires are subject to the scope of these proceedings, tubes and flaps are not subject merchandise and therefore are not covered by the scope of these proceedings, regardless of the manner in which they are sold (e.g., sold with or separately from subject merchandise).

    Subject tires may have the following prefix or suffix designation, which appears on the sidewall of the tire:

    Prefix designations:

    DH—Identifies a tire intended for agricultural and logging service which must be mounted on a DH drop center rim.

    VA—Identifies a tire intended for agricultural and logging service which must be mounted on a VA multipiece rim.

    IF—Identifies an agricultural tire to operate at 20 percent higher rated load than standard metric tires at the same inflation pressure.

    VF—Identifies an agricultural tire to operate at 40 percent higher rated load than standard metric tires at the same inflation pressure.

    Suffix designations:

    ML—Mining and logging tires used in intermittent highway service.

    DT—Tires primarily designed for sand and paver service.

    NHS—Not for Highway Service.

    TG—Tractor Grader, off-the-road tire for use on rims having bead seats with nominal +0.188″ diameter (not for highway service).

    K—Compactor tire for use on 5° drop center or semi-drop center rims having bead seats with nominal minus 0.032 diameter.

    IND—Drive wheel tractor tire used in industrial service.

    SL—Service limited to agricultural usage.

    FI—Implement tire for agricultural towed highway service.

    CFO—Cyclic Field Operation.

    SS—Differentiates tires for off-highway vehicles such as mini and skid-steer loaders from other tires which use similar size designations such as 7.00-15TR and 7.00-15NHS, but may use different rim bead seat configurations.

    All tires marked with any of the prefixes or suffixes listed above in their sidewall markings are covered by the scope regardless of their intended use.

    In addition, all tires that lack any of the prefixes or suffixes listed above in their sidewall markings are included in the scope, regardless of their intended use, as long as the tire is of a size that is among the numerical size designations listed in the following sections of the Tire and Rim Association Year Book, as updated annually, unless the tire falls within one of the specific exclusions set forth below. The sections of the Tire and Rim Association Year Book listing numerical size designations of covered certain off road tires include:

    The table of mining and logging tires included in the section on Truck-Bus tires;

    The entire section on Off-the-Road tires;

    The entire section on Agricultural tires; and

    The following tables in the section on Industrial/ATV/Special Trailer tires:

    • Industrial, Mining, Counterbalanced Lift Truck (Smooth Floors Only);

    • Industrial and Mining (Other than Smooth Floors);

    • Construction Equipment;

    • Off-the-Road and Counterbalanced Lift Truck (Smooth Floors Only);

    • Aerial Lift and Mobile Crane; and

    • Utility Vehicle and Lawn and Garden Tractor.

    Certain off road tires, whether or not mounted on wheels or rims, are included in the scope. However, if a subject tire is imported mounted on a wheel or rim, only the tire is covered by the scope. Subject merchandise includes certain off road tires produced in the subject countries whether mounted on wheels or rims in a subject country or in a third country. Certain off road tires are covered whether or not they are accompanied by other parts, e.g., a wheel, rim, axle parts, bolts, nuts, etc. Certain off road tires that enter attached to a vehicle are not covered by the scope.

    In addition, specifically excluded from the scope are passenger vehicle and light truck tires, racing tires, mobile home tires, motorcycle tires, all-terrain vehicle tires, bicycle tires, on-road or on-highway trailer tires, and truck and bus tires. Such tires generally have in common that the symbol “DOT” must appear on the sidewall, certifying that the tire conforms to applicable motor vehicle safety standards. Such excluded tires may also have the following prefixes and suffixes included as part of the size designation on their sidewalls:

    Prefix letter designations:

    AT—Identifies a tire intended for service on All-Terrain Vehicles;

    P—Identifies a tire intended primarily for service on passenger cars;

    LT—Identifies a tire intended primarily for service on light trucks;

    T—Identifies a tire intended for one-position “temporary use” as a spare only; and

    ST—Identifies a special tire for trailers in highway service.

    Suffix letter designations:

    TR—Identifies a tire for service on trucks, buses, and other vehicles with rims having specified rim diameter of nominal plus 0.156″ or plus 0.250″;

    MH—Identifies tires for Mobile Homes;

    HC—Identifies a heavy duty tire designated for use on “HC” 15″ tapered rims used on trucks, buses, and other vehicles. This suffix is intended to differentiate among tires for light trucks, and other vehicles or other services, which use a similar designation.

    Example: 8R17.5 LT, 8R17.5 HC;

    LT—Identifies light truck tires for service on trucks, buses, trailers, and multipurpose passenger vehicles used in nominal highway service;

    ST—Special tires for trailers in highway service; and

    M/C—Identifies tires and rims for motorcycles.

    The following types of tires are also excluded from the scope: Pneumatic tires that are not new, including recycled or retreaded tires and used tires; non-pneumatic tires, including solid rubber tires; aircraft tires; and turf, lawn and garden, and golf tires. Also excluded from the scope are mining and construction tires that have a rim diameter equal to or exceeding 39 inches. Such tires may be distinguished from other tires of similar size by the number of plies that the construction and mining tires contain (minimum of 16) and the weight of such tires (minimum 1500 pounds).

    The subject merchandise is currently classifiable under Harmonized Tariff Schedule of the United States (HTSUS) subheadings: 4011.20.1025, 4011.20.1035, 4011.20.5030, 4011.20.5050, 4011.70.0010, 4011.62.0000, 4011.80.1010, 4011.80.1020, 4011.90.1050, 4011.70.0050, 4011.80.2010, 4011.80.8010, 4011.80.2020, 4011.80.8020, 8431.49.9038, 8431.49.9090, 8709.90.0020, and 8716.90.1020.11 Tires meeting the scope description may also enter under the following HTSUS subheadings: 4011.90.2050, 4011.90.8050, 8424.90.9080, 8431.20.0000, 8431.39.0010, 8431.49.1090, 8431.49.9030, 8432.90.0020, 8432.90.0040, 8432.90.0050, 8432.90.0060, 8432.90.0081, 8433.90.5010, 8503.00.9560, 8708.70.0500, 8708.70.2500, 8708.70.4530, 8716.90.5035, 8716.90.5056 and 8716.90.5059.12 While HTSUS subheadings are provided for convenience and customs purposes, the written description of the subject merchandise is dispositive.

    11 Prior to January 1, 2017, subject merchandise was classifiable under the following HTSUS numbers which have been deleted or discontinued: 4011.61.0000, 4011.63.0000, 4011.69.0050, 4011.92.0000, 4011.93.4000, 4011.93.8000, 4011.94.4000, and 4011.94.8000.

    12 Prior to January 1, 2017, tires meeting the scope description may also enter under the following HTSUS subheadings which have been deleted or discontinued: 4011.99.4550, 4011.99.8550, 8432.90.0005, 8432.90.0015, 8432.90.0030, 8432.90.0080, and 8716.90.5055.

    [FR Doc. 2017-04433 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-979, A-570-010] Initiation and Preliminary Results of Changed Circumstances Reviews: Antidumping Duty Orders on Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, From the People's Republic of China and Antidumping Duty Order on Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China AGENCY:

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

    SUMMARY:

    The Department of Commerce (the “Department”) is simultaneously initiating and issuing the preliminary results of changed circumstances reviews (“CCRs”) of the antidumping duty (“AD”) orders on crystalline silicon photovoltaic cells, whether or not assembled into modules, (“solar cells”) from the People's Republic of China (“PRC”) and certain crystalline silicon photovoltaic products (“solar products”) from the PRC. The Department initiated these CCRs to determine whether Hanwha Q CELLS (Qidong) Co. Ltd. (“Q CELLS Qidong”) is the successor-in-interest to Hanwha SolarOne (Qidong) Co., Ltd. (“SolarOne Qidong”) with respect to the AD orders on solar cells and solar products from the PRC and to determine whether Hanwha Q CELLS Hong Kong Limited (“Q CELLS Hong Kong”) is the successor-in-interest to SolarOne Hong Kong Limited (“SolarOne Hong Kong”) with respect to the AD order on solar products from the PRC. For the reasons noted below, we did not initiate the requested CCR to determine whether Q CELLS Hong Kong is the successor-in-interest to SolarOne Hong Kong with respect to the AD order on solar cells from the PRC. Based on the information on the record, we preliminarily determine that Q CELLS Qidong is the successor-in-interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC and that Q CELLS Hong Kong is the successor-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC. As such, Q CELLS Hong Kong and Q CELLS Qidong are entitled to SolarOne Hong Kong and SolarOne Qidong's cash deposit rates, respectively, with respect to U.S. entries of merchandise subject to the orders noted above. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Eli Lovely, AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-1593.

    SUPPLEMENTARY INFORMATION:

    Background

    On December 7, 2012, the Department published the AD order on solar cells from the PRC in the Federal Register.1 On February 18, 2015, the Department published the AD order on solar products from the PRC in the Federal Register.2 On September 8, 2016, the Department received a request on behalf of Q CELLS Hong Kong and Q CELLS Qidong for expedited CCRs to establish Q CELLS Hong Kong as the successor-in-interest to SolarOne Hong Kong and to establish Q CELLS Qidong as the successor-in-interest to SolarOne Qidong for purposes of the of the AD orders on solar cells and solar products from the PRC.3 On October 11, 2016, SolarWorld Americas, Inc. (“Petitioner”) submitted comments on Q CELLS Hong Kong and Q CELLS Qidong's CCR request.4

    1See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Amended Final Determination of Sales at Less Than Fair Value, and Antidumping Duty Order, 77 FR 73018 (December 7, 2012)(“Solar Cells Order”).

    2See Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015)(“Solar Products Order”).

    3See Letter from Q CELLS Hong Kong and Q CELLS Qidong to the Department regarding, “Changed Circumstances Review Request” (September 8, 2016) (“CCR Request”).

    4See Letter from SolarWorld Americas, Inc. to the Department regarding, “Comments on Hanwha Q Cells Hong Kong Limited and Hanwha Q CELLS (Qidong) Co., Ltd.'s Request for a Changed Circumstances Review” (October 12, 2016) (“Petitioner's Comments”).

    Scope of the Orders

    The merchandise covered by the Solar Cells Order is crystalline silicon photovoltaic cells, and modules, laminates, and panels, consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including, but not limited to, modules, laminates, panels, and building integrated materials.5 Imports of the merchandise subject to the Solar Cells Order are currently classified under the following subheadings of the Harmonized Tariff Schedule of the United States (“HTSUS”): 8501.61.0000, 8507.20.80, 8541.40.6020, 8541.40.6030, and 8501.31.8000.

    5 For a complete description of the Scope of the Order, see Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, “Initiation and Preliminary Results of Changed Circumstances Reviews: Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China and Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China,” (“Preliminary Decision Memorandum”) dated concurrently with, and adopted by, this notice.

    The merchandise covered by the Solar Products Order is modules, laminates and/or panels consisting of crystalline silicon photovoltaic cells, whether or not partially or fully assembled into other products, including building integrated materials. Subject merchandise includes modules, laminates and/or panels assembled in the PRC consisting of crystalline silicon photovoltaic cells produced in a customs territory other than the PRC.6 Imports of the merchandise subject to the Solar Products Order are currently classified under the following subheadings of the HTSUS: 8501.61.0000, 8507.20.8030, 8507.20.8040, 8507.20.8060, 8507.20.8090, 8541.40.6020, 8541.40.6030 and 8501.31.8000. These HTSUS subheadings are provided for convenience and customs purposes; the written description of the scope of these orders is dispositive. For the full scopes of these orders, see the accompanying Preliminary Decision Memorandum.

    6Id.

    Initiation of Changed Circumstances Reviews

    Pursuant to section 751(b)(1) of the Tariff Act of 1930, as amended (“the Act”) and 19 CFR 351.216(d), the Department will conduct a changed circumstances review upon receipt of information concerning, or a request from an interested party for a review of, an order which shows changed circumstances sufficient to warrant a review of the order. In the past, the Department has used changed circumstances reviews to consider the applicability of cash deposit rates after there have been changes in the name or structure of a respondent, such as a merger or spinoff (“successor-in-interest,” or “successorship,” determinations).7

    7See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Changed Circumstances Review, 81 FR 91909 (December 19, 2016).

    While Q CELLS Hong Kong requested a CCR with respect to the solar cells proceeding in order to receive SolarOne Hong Kong's AD cash deposit rate, SolarOne Hong Kong did not receive its own cash deposit rate in the solar cells proceeding but was treated as part of the PRC-wide entity. Therefore, entries of its subject merchandise into the United States receive the PRC-wide entity cash deposit rate.8 Accordingly, for purposes of the Solar Cells Order, there is no separate rate for which Q CELLS Hong Kong could be eligible, thus, we have not initiated the requested review of Q CELLS Hong Kong with respect to the Solar Cells Order.

    8See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Preliminary Determination of Sales at Less Than Fair Value, Postponement of Final Determination and Affirmative Preliminary Determination of Critical Circumstances, 77 FR 31309 (May 25, 2012), unchanged in Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled into Modules, from the People's Republic of China: Final Determination of Sales at Less Than Fair Value, and Affirmative Final Determination of Critical Circumstances, in Part, 77 FR 63791 (October 17, 2012). In subsequent reviews, SolarOne Hong Kong did not receive a separate rate. See Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments ; 2012-2013, 80 FR 40998 (July 14, 2015), and Crystalline Silicon Photovoltaic Cells, Whether or Not Assembled Into Modules, from the People's Republic of China: Final Results of Antidumping Duty Administrative Review and Final Determination of No Shipments; 2013-2014, 81 FR 39905 (June 20, 2016).

    However, consistent with Department practice, the information submitted by Q CELLS Hong Kong with respect to the solar products proceeding and the information submitted by Q CELLS Qidong with respect to the solar cells and solar products proceedings, which includes information regarding a name change, demonstrates changed circumstances sufficient to warrant CCRs with respect to these companies and orders.9 In the case of the Solar Products Order, the CCR requests were filed less than 24 months after the date of publication of the notice of final determination in the solar products investigation. However, pursuant to 19 CFR 351.216(c), the Department finds that good cause exists to initiate these CCRs. In particular, we find that Q CELLS Hong Kong and Q CELLS Qidong have properly alleged and demonstrated good cause for initiating early CCRs in the case of solar products, along with the initiation with respect to Q CELLS Qidong in the case of solar cells, on the grounds of fairness and ease of administration.

    9See 19 CFR 351.216(d).

    Therefore, in accordance with section 751(b)(1) of the Act and 19 CFR 351.216(d), the Department is initiating CCRs to determine whether Q CELLS Hong Kong is the successor-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC, and to determine whether Q CELLS Qidong is the successor-in-interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC.

    Preliminary Determination

    When it concludes that expedited action is warranted, the Department may combine the notice of initiation of the CCR and the preliminary results of the CCR in a single notice.10 The Department has combined the notice of initiation and the notice of preliminary results in successor-in-interest CCRs when sufficient documentation has been provided supporting the request for a CCR.11 In this instance, we have on the record the information necessary to make a preliminary finding with respect to Q CELLS Hong Kong and the Solar Products Order and Q CELLS Qidong and the Solar Cells and Solar Products Orders. Thus, we find that expedited action is warranted with respect to the CCR Requests regarding these companies and orders, and we are combining the notice of initiation and the notice of preliminary results in one notice, in accordance with 19 CFR 351.221(c)(3)(ii).

    10See 19 CFR 351.221(c)(3)(ii).

    11See, e.g., Notice of Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Certain Softwood Lumber Products from Canada, 70 FR 50299 (August 26, 2005), unchanged in final.

    In determining whether one company is the successor to another for purposes of AD cash deposits, the Department examines a number of factors including, but not limited to, changes in: (1) Management; (2) production facilities; (3) suppliers; and (4) customer base.12 While no one, or several, of these factors will necessarily provide a dispositive indication of succession, the Department will generally consider one company to be the successor to another company if its resulting operation is essentially the same as that of its predecessor.13 Thus, if the evidence demonstrates that, with respect to the production and sale of subject merchandise, the new company operates as essentially the same business entity as the prior company, the Department will assign the new company the cash deposit rate of its predecessor.14

    12See e.g., Initiation and Preliminary Results of Antidumping Duty Changed Circumstances Review: Multilayered Wood Flooring from the People's Republic of China, 79 FR 48117, 48118 (August 15, 2014), unchanged in Multilayered Wood Flooring from the People's Republic of China: Final Results of Changed Circumstances Review, 79 FR 58740 (September 30, 2014).

    13Id.

    14See Notice of Final Results of Changed Circumstances Review: Polychloroprene Rubber from Japan, 69 FR 67890 (November 22, 2004) citing, Brass Sheet and Strip from Canada: Notice of Final Results of Antidumping Duty Administrative Review, 57 FR 20460 (May 13, 1992); and, Certain Circular Welded Carbon Steel Pipes and Tubes from Taiwan: Initiation of Antidumping Duty Changed Circumstance Review, 70 FR 17063 (April 4, 2005).

    In their September 8, 2016, CCR Requests, Q CELLS Hong Kong and Q CELLS Qidong provided evidence for the Department to determine preliminarily their status as successors-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC and SolarOne Qidong for purposes of the AD orders on solar products and solar cells from the PRC, respectively. Specifically, Q CELLS Hong Kong and Q CELLS Qidong demonstrated that their operations are essentially the same as when they operated under the names SolarOne Hong Kong and SolarOne Qidong, respectively.15

    15See generally, CCR Request.

    In February 2015, Hanwha SolarOne Co., Ltd. acquired 100 percent of the outstanding shares of another company named Q CELLS. Hanwha SolarOne Co., Ltd. is the parent entity of SolarOne Hong Kong and SolarOne Qidong. In connection with the transaction, the name of Hanwha SolarOne Co., Ltd. was changed to Hanwha Q CELLS Co., Ltd., SolarOne Hong Kong assumed the name Q CELLS Hong Kong, and SolarOne Qidong assumed the name Q CELLS Qidong. Other than the name changes, there were no significant changes to ownership, management, or operations of the companies.16 Q CELLS Hong Kong does not have production facilities; rather it purchased solar modules from Q CELLS Qidong. This was also the case when Q CELLS Hong Kong operated under the name SolarOne Hong Kong and purchased solar modules from SolarOne Qidong. Q CELLS Qidong has maintained the same production facilities that were previously under the name of its predecessor company, SolarOne Qidong.17 Q CELLS Hong Kong and Q CELLS Qidong also provided documentation showing that there have been no material changes in supplier relationships, or their customer bases as a result of the name changes.18 Based on the foregoing, which is explained in greater detail in the Preliminary Decision Memorandum, the Department preliminarily determines that Q CELLS Hong Kong is the successor-in-interest to SolarOne Hong Kong for purposes of the AD order on solar products from the PRC, and that Q CELLS Qidong is the successor-in-interest to SolarOne Qidong for purposes of the AD orders on solar cells and solar products from the PRC.

    16Id.

    17Id.

    18Id.

    Should our final results of review remain the same as these preliminary results of review, effective the date of publication of the final results of review, we will instruct U.S. Customs and Border Protection to suspend liquidation of entries of solar products exported by Q CELLS Hong Kong at the AD cash-deposit rate applicable to SolarOne Hong Kong, and to suspend liquidation of entries of solar products and solar cells exported by Q CELLS Qidong at the AD cash-deposit rates applicable to SolarOne Qidong.19

    19 SolarOne Hong Kong and SolarOne Qidong's separate rates in both orders are combination rates. In the solar products antidumping duty proceeding, SolarOne Hong Kong's separate rate is classified under case number A-570-010-017, where SolarOne Hong Kong is identified as the exporter and SolarOne Qidong is identified as the manufacturer. In the same proceeding, SolarOne Qidong has a separate rate classified under case number A-570-010-016, where SolarOne Qidong is identified as the exporter and manufacturer. In the solar cells proceeding, SolarOne Hong Kong does not have a separate rate and SolarOne Qidong has a separate rate, classified under case number A-570-979-014, where SolarOne Qidong is identified as the exporter and manufacturer. If the Department maintains its preliminary findings in the final results of these CCRs, in updating these combination rates, we intend to revise both the names of the exporters and manufacturer consistent with our preliminary finding that Q CELLS Hong Kong and Q CELLS Qidong are the successors-in-interest to SolarOne Hong Kong and SolarOne Qidong, respectively.

    Public Comment

    Interested parties may submit case briefs not later than 14 days after the date of publication of this notice.20 Rebuttal briefs, which must be limited to issues raised in case briefs, may be filed not later than seven days after the due date for case briefs.21 Parties who submit case briefs or rebuttal briefs in these CCRs are requested to submit with each argument: (1) A statement of the issues filed in the solar products and solar cells proceedings and (2) a brief summary of the arguments filed in the solar products and solar cells proceedings with electronic versions included.

    20 The Department is exercising its discretion under 19 CFR 351.309(c)(1)(ii) to alter the time limit for the filing of case briefs.

    21 The Department is exercising its discretion under 19 CFR 351.309(d)(1) to alter the time limit for the filing of rebuttal briefs.

    Any interested party may request a hearing within 14 days of publication of this notice.22 Hearing requests should contain the following information: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Oral presentations at the hearing will be limited to issues raised in the briefs. If a request for a hearing is made, parties will be notified of the time and date for the hearing to be held at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230 in a room to be determined.23

    22 The Department is exercising its discretion under 19 CFR 351.310(c) to alter the time limit for requesting a hearing.

    23See 19 CFR 351.310(d).

    All submissions, with limited exceptions, must be filed electronically using Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”).24 An electronically filed document must be received successfully in its entirety by 5 p.m. Eastern Time (“ET”) on the due date. Documents excepted from the electronic submission requirements must be filed manually (i.e., in paper form) with the APO/Dockets Unit in Room 18022 and stamped with the date and time of receipt by 5 p.m. ET on the due date.25

    24 ACCESS is available to registered users at https://access.trade.gov and available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building.

    25See Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Consistent with 19 CFR 351.216(e), we intend to issue the final results of these CCRs no later than 270 days after the date on which these reviews were initiated or within 45 days if all parties agree to the outcome of the reviews.

    We are issuing and publishing this initiation and preliminary results notice in accordance with sections 751(b)(1) and 777(i)(1) of the Act and 19 CFR 351.216 and 351.221(c)(3).

    Dated: February 24, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-04265 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-588-815] Gray Portland Cement and Cement Clinker From Japan: Final Results of Expedited Fourth Sunset Review of the Antidumping Duty Order AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) has conducted an expedited (120-day) fourth sunset review of the antidumping duty order on gray portland cement and cement clinker (cement and clinker) from Japan. As a result of this fourth sunset review, the Department finds that revocation of the antidumping duty order would be likely to lead to continuation or recurrence of dumping at the levels indicated in the “Final Results of Review” section of this notice.

    DATES:

    Effective Date: March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Amanda Brings, AD/CVD Operations, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Ave. NW., Washington, DC 20230; telephone: (202) 482-3927.

    SUPPLEMENTARY INFORMATION: Background

    On November 1, 2016, the Department published a notice of initiation of the fourth sunset review of the antidumping duty order on cement and clinker from Japan.1 On November 16, 2016, the Department received a Notice of Intent to Participate in this review from the Committee for Fairly Traded Japanese Cement (Petitioners) within the deadline specified in 19 CFR 351.218(d)(1)(i).2 Petitioners claimed interested-party status under section 771(9)(E) of the Tariff Act of 1930, as amended (the Act), as a trade or business association, a majority of whose members manufacture, produce or wholesale a domestic like product in the United States.

    1See Initiation of Five-Year (“Sunset”) Reviews, 81 FR 75808 (November 1, 2016).

    2See Letter to the Secretary of Commerce from Petitioners, re: “Five-Year (`Sunset') Review of Antidumping Duty Order on Gray Portland Cement and Cement Clinker from Japan: The Domestic Industry's Notice of Intent to Participate in Sunset Review,” dated November 16, 2016.

    We received a complete substantive response from Petitioners within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i).3 We received no responses from respondent interested parties. As a result, the Department conducted an expedited sunset review of the order, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2).

    3See Letter to the Secretary of Commerce from Petitioners, re: “Fourth Five-Year (`Sunset') Review of The Antidumping Duty Order on Gray Portland Cement and Cement Clinker from Japan/The Domestic Industry's Substantive Response to the Notice of Initiation,” dated December 1, 2016.

    Scope of the Order

    The products covered by the order are cement and cement clinker from Japan. Cement is a hydraulic cement and the primary component of concrete. Cement clinker, an intermediate material produced when manufacturing cement, has no use other than grinding into finished cement. Microfine cement was specifically excluded from the antidumping duty order. Cement is currently classifiable under the Harmonized Tariff Schedule (HTS) item number 2523.29 and cement clinker is currently classifiable under HTS item number 2523.10. Cement has also been entered under HTS item number 2523.90 as “other hydraulic cements.” The HTS item numbers are provided for convenience and customs purposes. The written product description remains dispositive as to the scope of the product covered by the order.4

    4 The Department has made two scope rulings regarding subject merchandise. See Scope Rulings, 57 FR 19602 (May 7, 1992) (classes G and H of oil well cement are within the scope of the order), and Scope Rulings, 58 FR 27542 (May 10, 1993) (“Nittetsu Super Fine” cement is not within the scope of the order).

    Analysis of Comments Received

    All issues raised in this review, including the likelihood of continuation or recurrence of dumping in the event of revocation and the magnitude of the margins likely to prevail if the order were revoked, are addressed in the accompanying Issues and Decision Memorandum.5 The Issues and Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed Issues and Decision Memorandum and the electronic version of the Issues and Decision Memorandum are identical in content.

    5See Memorandum to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, “Issues and Decision Memorandum for the Final Results of the Expedited Fourth Sunset Review of the Antidumping Duty Order on Gray Portland Cement and Clinker from Japan,” dated concurrently and hereby adopted by this notice (Issues and Decision Memorandum).

    Final Results of Review

    Pursuant to sections 751(c) and 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on cement and clinker from Japan would be likely to lead to continuation or recurrence of dumping at weighted-average dumping margins up to 69.89 percent.

    Administrative Protective Order

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

    This sunset review and notice are in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act.

    Dated: February 27, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-04262 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [C-570-011] Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Countervailing Duty Administrative Review and Preliminary Intent To Rescind, in Part; 2014-2015 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that countervailable subsidies are being provided to producers and exporters of crystalline silicon photovoltaic products (solar products), from the People's Republic of China (PRC). The period of review (POR) is June 10, 2014, through December 31, 2015. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Traw, AD/CVD Operations, Office VII, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-6079.

    SUPPLEMENTARY INFORMATION:

    Background

    On February 18, 2015, the Department issued a countervailing duty (CVD) order on solar products from the PRC.1 Several interested parties requested that the Department conduct an administrative review of the countervailing duty order, and on April 7, 2016, the Department published in the Federal Register a notice of initiation of an administrative review of the CVD Order for 31 producers/exporters for the POR.2

    1See Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Antidumping Duty Order; and Amended Final Affirmative Countervailing Duty Determination and Countervailing Duty Order, 80 FR 8592 (February 18, 2015) (CVD Order).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation Notice).

    Scope of the Order

    The products covered by the order are certain crystalline silicon photovoltaic products from the PRC. A full description of the scope of the order is contained in the Preliminary Decision Memorandum.3

    3See “Decision Memorandum for the Preliminary Results of the Countervailing Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China; 2014,” dated concurrently with this notice (Preliminary Decision Memorandum) and hereby adopted by this notice.

    Methodology

    The Department is conducting this CVD review in accordance with section 751(a)(1)(A) of the Tariff Act of 1930, as amended (the Act). For each of the subsidy programs found countervailable, we determine that there is a subsidy, i.e., a financial contribution by an “authority” that confers a benefit to the recipient, and that the subsidy is specific.4 For a full description of the methodology underlying our preliminary conclusions, including our reliance, in part, on adverse facts available pursuant to sections 776(a) and (b) of the Act, see the Preliminary Decision Memorandum.5 The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, room 7046 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/index.html. The signed Preliminary Decision Memorandum and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    4See sections 771(5)(B) and (D) of the Act regarding financial contribution; section 771(5)(E) of the Act regarding benefit; and, section 771(5A) of the Act regarding specificity.

    5 A list of topics discussed in the Preliminary Decision Memorandum can be found as an appendix to this notice.

    Intent To Partially Rescind the Administrative Review, and Partial Rescission of Administrative Review

    For an administrative review to be conducted, there must be a reviewable, suspended entry to be liquidated at the newly calculated assessment rate.6 Thus, it is the Department's practice to rescind an administrative review when there are no reviewable entries of subject merchandise during the POR for which liquidation is suspended.7 We preliminarily find that BYD (Shangluo) Industrial Co., Ltd. had no reviewable entries subject to the CVD Order and, consistent with our practice, the Department intends to rescind its review of BYD, consistent with 19 CFR 351.213(d)(3). We invite parties to comment on this preliminary intent to rescind and will consider any comments received for the final results.

    6See section 751(a)(2)(A) of the Act (stating that an administrative review determines the normal value, export price or constructed export price, and dumping margin of an “entry”); 19 CFR 351.212(b)(1) (At the end of the administrative review, the suspended entries are liquidated at the assessment rate computed for the review period).

    7See, e.g., Certain Tissue Paper Products from the People's Republic of China: Preliminary Results and Partial Rescission of Antidumping Duty Administrative Review, 73 FR 18497, 18499-18500 (April 4, 2008) (unchanged in final); Solid Fertilizer Grade Ammonium Nitrate from the Russian Federation: Rescission of Antidumping Duty Administrative Review, 77 FR 65532 (October 29, 2012), and accompanying IDM at Issue 2.

    Pursuant to 19 CFR 351.213(d)(1), the Department will rescind an administrative review, in whole or in part, if the parties that requested a review withdraw the request within 90 days of the date of publication of the notice of initiation. Yingli Energy (China) Co., Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Baoding Jiasheng Photovoltaic Technology Co. Ltd.;, Beijing Tianneng Yingli New Energy Resources Co. Ltd., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., and Yingli Green Energy International Trading Company Limited; Canadian Solar Inc., Canadian Solar International, Ltd., Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), Inc., and Canadian Solar (USA) Inc.; Jinko Solar Co., Ltd., JinkoSolar (U.S.) Inc., Jinko Solar Import and Export Co., Ltd., and Zhejiang Jinko Solar Co., Ltd.; Shanghai BYD Co., Ltd.; Shenzhen Jiawei Photovoltaic Lighting Co., Ltd.; and Wuxi Suntech Power Co., Ltd. timely withdrew their requests for review.8 No other party requested a review of these producers/exporters. Therefore, in accordance with 19 CFR 351.213(d)(1), the Department is rescinding this review of the CVD order on solar products from the PRC with respect to these companies.

    8See Letter to the Secretary from Yingli, “Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Yingli's Withdrawal of Request for Administrative Review,” (March 30, 2016); Letter to the Secretary from Canadian Solar, “Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Canadian Solar's Withdrawal of Request for Administrative Review,” (April 22, 2016); Letter to the Secretary from Jinko, “Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Jinko's Withdrawal of Request for Administrative Review,” (April 27, 2016); Letter to the Secretary from Shanghai BYD, “Certain Crystalline Silicon Photovoltaic Products, from the People's Republic of China: Withdrawal of Request for Review for Shanghai BYD Co., Ltd.,” (May 31, 2016); Letter to the Secretary from Dorfman Pacific Co., Ltd., “Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Dorfman Pacific Co., Ltd.'s Withdrawal of Request for Administrative Review,” (July 1, 2016); and Letter to the Secretary from Suntech, “Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China: Withdrawal of Request for Administrative Review—Wuxi Suntech Power Co., Ltd.,” (July 5, 2016).

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the countervailable subsidy rates to be:

    Company Subsidy rate
  • (percent)
  • Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates 9 13.93 Non-Selected Companies under Review 10 13.93
    Preliminary Rate for the Non-Selected Companies Under Review

    The statute and the Department's regulations do not directly address the establishment of rates to be applied to companies not selected for individual examination where the Department limits its examination in an administrative review pursuant to section 777A(e)(2) of the Act. However, the Department normally determines the rates for non-selected companies in reviews in a manner that is consistent with section 705(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation.

    9 Cross-owned affiliates are: Trina Solar (Changzhou) Science & Technology Co., Ltd.; Yancheng Trina Solar Energy Technology Co., Ltd.; Changzhou Trina Solar Yabang Energy Co., Ltd.; Hubei Trina Solar Energy Co., Ltd.; Turpan Trina Solar Energy Co., Ltd.; and Changzhou Trina PV Ribbon Materials Co., Ltd. See Preliminary Decision Memorandum.

    10See Appendix II to this notice.

    Section 705(c)(5)(A)(i) of the Act instructs the Department as a general rule to calculate an all others rate using the weighted average of the subsidy rates established for the producers/exporters individually examined, excluding any zero, de minimis, or rates based entirely on facts available. In this review, the preliminary subsidy rate calculated for Changzhou Trina Solar Energy Co., Ltd. and its cross-owned affiliates (Trina Solar) is above de minimis and is not based entirely on facts available. Therefore, for the companies for which a review was requested that were not selected as mandatory company respondents, and for which we did not receive a timely request for withdrawal of review, and which we are not finding to be cross-owned with the mandatory company respondents, we are preliminarily basing the subsidy rate on the subsidy rate calculated for Trina Solar. For a list of these non-selected companies, please see the Appendix II to this notice.

    Disclosure and Public Comment

    The Department intends to disclose to interested parties the calculations performed in connection with this preliminary determination within five days of publication of this notice in the Federal Register.11 Interested parties may submit case and rebuttal briefs, as well as request a hearing.12 Interested parties may submit written comments (case briefs) within 30 days of publication of the preliminary results and rebuttal comments (rebuttal briefs) within five days after the time limit for filing case briefs.13 Rebuttal briefs must be limited to issues raised in the case briefs.14 Parties who submit case or rebuttal briefs are requested to submit with the argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.15

    11See 19 CFR 351.224(b).

    12See 19 CFR 351.309(c)-(d), 19 CFR 351.310(c).

    13See 19 CFR 351.309(c)(l)(ii) and 351.309(d)(l).

    14See 19 CFR 351.309(d)(2).

    15See 19 CFR 351.309(c)(2) and (d)(2).

    Interested parties who wish to request a hearing must do so within 30 days of publication of these preliminary results by submitting a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, using Enforcement and Compliance's ACCESS system.16 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, we will inform parties of the scheduled date for the hearing which will be held at the U.S. Department of Commerce, 14th Street and Constitution Avenue NW., Washington, DC 20230, at a time and location to be determined.17 Parties should confirm by telephone the date, time, and location of the hearing. Issues addressed at the hearing will be limited to those raised in the briefs.18 All briefs and hearing requests must be filed electronically and received successfully in their entirety through ACCESS by 5:00 p.m. Eastern Time on the due date.

    16See 19 CFR 351.310(c).

    17See 19 CFR 351.310.

    18See 19 CFR 351.310(c).

    Unless the deadline is extended pursuant to section 751(a)(3)(A) of the Act, we intend to issue the final results of this administrative review, including the results of our analysis of the issues raised by the parties in their comments, within 120 days after issuance of these preliminary results.

    Assessment Rates and Cash Deposit Requirement

    In accordance with 19 CFR 351.221(b)(4)(i), we preliminarily assigned subsidy rates in the amounts shown above for the producer/exporters shown above. Upon issuance of the final results, the Department shall determine, and U.S. Customs and Border Protection (CBP) shall assess, CVDs on all appropriate entries covered by this review. We intend to issue instructions to CBP 15 days after publication of the final results of review.

    Pursuant to section 751(a)(2)(C) of the Act, the Department also intends to instruct CBP to collect cash deposits of estimated CVDs, in the amounts shown above for each of the respective companies shown above, on shipments of subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this review. For all non-reviewed firms, we will instruct CBP to continue to collect cash deposits at the most-recent company-specific or all-others rate applicable to the company, as appropriate. These cash deposit requirements, when imposed, shall remain in effect until further notice.

    These preliminary results are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act, and 19 CFR 351.221(b)(4).

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I—List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Intent To Partially Rescind Review IV. Non-Selected Companies Under Review V. Scope of the Order VI. Application of the Countervailing Duty Law to Imports From the PRC VII. Diversification of the PRC's Economy VIII. Subsidy Valuation IX. Interest Rate Benchmarks, Discount Rates, Input, Electricity, and Land Benchmarks X. Use of Facts Otherwise Available and Adverse Inferences XI. Analysis of Programs XII. Verification XIII. Disclosure and Public Comment XIV. Conclusion Appendix II—Non-Selected Companies Under Review 1. Chint Solar (Zhejiang) Co., Ltd. 2. Hefei JA Solar Technology Co., Ltd. 3. Perlight Solar Co., Ltd. 4. Risen Energy Co., Ltd. 5. Shanghai JA Solar Technology Co., Ltd. 6. Shenzhen Sungold Solar Co., Ltd. 7. Sunny Apex Development Limited
    [FR Doc. 2017-04267 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-851] Certain Preserved Mushrooms From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2015-2016 AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) is conducting an administrative review of the antidumping duty order on certain preserved mushrooms from the People's Republic of China (the PRC). The period of review (POR) is February 1, 2015, through January 31, 2016. The Department preliminarily determines that, during the POR, one mandatory respondent, Dezhou Kaihang Agricultural Science Technology Co. Ltd. (Dezhou Kaihang) did not sell subject merchandise below normal value (NV). We also preliminarily determine that the other mandatory respondent, Linyi City Kangfa Foodstuff Drinkable Co., Ltd. (Kangfa) has not demonstrated its eligibility for a separate rate and is, therefore, part of the PRC-wide entity. We preliminarily determine that the following companies had no reviewable shipments during the POR: (1) Zhangzhou Hongda Import & Export Trading Co., Ltd. (Hongda); and (2) Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian and Zhangzhou Gangchang Canned Foods Co., Ltd. (collectively, Gangchang). Finally, we preliminarily find that the remaining 98 companies under review did not demonstrate their eligibility for a separate rate and are part of the PRC-wide entity. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Michael J. Heaney, AD/CVD Operations, Office VI, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-4475.

    Background

    On February 19, 1999, the Department published in the Federal Register the antidumping duty order on certain preserved mushrooms from the PRC.1 On February 3, 2016, the Department published in the Federal Register an opportunity to request an administrative review of the Order. 2 On April 7, 2016, the Department published in the Federal Register a notice of initiation of this review, covering 103 separately-named companies.3 On June 17, 2016, the Department selected Dezhou Kaihang and Kangfa as mandatory respondents and issued antidumping questionnaires to these companies.4 Dezhou Kaihang timely submitted questionnaire responses, but Kangfa did not respond to the Department's request for information.

    1See Notice of Amendment of Final Determination of Sales at Less Than Fair Value and Antidumping Duty Order: Certain Preserved Mushrooms from the People's Republic of China, 64 FR 8308 (February 19, 1999) (the Order).

    2See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 5712 (February 3, 2016).

    3See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation Notice).

    4See Memorandum entitled, “Administrative Review of the Antidumping Duty Order on Certain Preserved Mushrooms from the People's Republic of China,” dated June 17, 2016.

    Scope of the Order

    The products covered by this order are certain preserved mushrooms. The merchandise subject to this order is classifiable under subheadings: 2003.10.0127, 2003.10.0131, 2003.10.0137, 2003.10.0143, 2003.10.0147, 2003.10.0153, and 0711.51.0000 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 this order is dispositive.5

    5 For a complete description of the scope of the order, see Memorandum from James Maeder, Senior Director, Office I, for Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, “Certain Preserved Mushrooms from the People's Republic of China: Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review; 2015-2016,” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Preliminary Determination of No Shipments

    Two companies that received a separate rate in previous segments of the proceeding and are subject to this review, Hongda and Gangchang,6 certified that they did not have any exports of subject merchandise during the POR.7 We requested that U.S. Customs and Border Protection (CBP) report any contrary information regarding these certifications.8 To date, we have received no evidence that these companies had any shipments of the subject merchandise sold to the United States during the POR. Further, consistent with our practice, we find that it is not appropriate to rescind the review with respect to these companies but, rather, to complete the review and issue appropriate instructions to CBP based on the final results of review.9

    6 In the company certification of no shipments, the names “Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian” and “Zhangzhou Gangchang Canned Foods Co., Ltd.” are used interchangeably. When a similar issue arose during an earlier new shipper review, counsel clarified that the correct name of the company is “Zhangzhou Gangchang Canned Foods Co., Ltd., Fujian.” See Certain Preserved Mushrooms from the People's Republic of China: Preliminary Results of Antidumping Duty New Shipper Reviews 74 FR 14772 (April 1, 2009) unchanged at Certain Preserved Mushrooms from the People's Republic of China: Final Results of Antidumping Duty New Shipper Reviews 74 FR 28882 (June 18, 2009). Nonetheless, in a subsequent administrative review, we identified the company as “Zhangzhou Gangchang Canned Foods Co., Ltd.” See Certain Preserved Mushrooms from the People's Republic of China; Final Results of Administrative Review, 80 FR 32355 (June 8, 2015). In light of this interchangeable treatment, to avoid any confusion, we are including both name variations in our preliminary finding of no shipments.

    7See Letters from Zhangzhou Gangchang Canned Foods Co., Ltd., and Zhangzhou Hongda Import & Export Trading Co., Ltd., dated May 6, 2016. One additional company, Zhejiang Jinhua Jinli Mushroom Co., Ltd., also filed a no-shipment certification; however, because this company did not have a separate rate in previous segments of this proceeding and did not submit a separate rate application, we have continued to include this company in the PRC-wide entity.

    8See CBP message numbers 7047304 and 7047303, dated February 16, 2016.

    9See, e.g., Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011).

    Separate Rates

    The Department preliminarily determines that the information placed on the record by Dezhou Kaihang demonstrates that Dezhou Kaihang is entitled to separate rate status.10 No other parties submitted separate rate information in this review.

    10See Preliminary Decision Memorandum, at “Discussion of the Methodology” section.

    PRC-Wide Entity

    The Department's change in policy regarding conditional review of the PRC-wide entity applies to this administrative review.11 Under this policy, the PRC-wide entity will not be under review unless a party specifically requests, or the Department self-initiates, a review of the entity. Because no party requested a review of the PRC-wide entity in this review, nor did the Department self-initiate a review of the PRC-wide entity, the entity is not under review and the entity's rate (i.e., 308.33 percent) is not subject to change.12 Aside from Dezhou Kaihang and the no shipments companies discussed above, the Department considers all other companies for which a review was requested (which did not file a separate rate application or separate rate certfication) to be part of the PRC wide entity.13

    11See Antidumping Proceedings: Announcement of Change in Department Practice for Respondent Selection in Antidumping Duty Proceedings and Conditional Review of the Nonmarket Economy Entity in NME Antidumping Duty Proceedings, 78 FR 65963 (November 4, 2013).

    12See, e.g., Certain Preserved Mushrooms from the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review 80 FR 32355, 32357 (June 8, 2015).

    13See Initiation Notice, 81 FR at 20325 (“All firms listed below that wish to qualify for separate rate status in the administrative reviews involving NME countries must complete, as appropriate, either a separate rate application or certification, as described below.”). Companies that are subject to this administrative review that are considered to be part of the PRC-wide entity are: (1) Agrogentra & Co., Ltd., (2) Ayecue (Liaocheng) Foodstuff Co., Ltd., (3) Blue Field (Sichuan) Food Industrial Co., Ltd., (4) Cargo Services (China) Limited, (5) Casia Global Logistics Co., Ltd., (6) Changzhou Chen Rong-Da Carpet Co., Ltd., (7) Chaoda Mushroom Co., Ltd., (8) China National Cereals, Oil & Foodstuffs Import & Export Corp., (9) China Processed Food Import & Export Co., (10) Dalian New Century Food Co., Ltd., (11) DHL ISC (Hong Kong) Limited, (12) DSV Air Sea Co., Ltd., (13) Dujiangyan Xingda Foodstuff Co., Ltd., (14) Ever Since Group Co., Ltd., (15) Fujian Blue Lake Foods Co., Ltd., (16) Fujian Golden Banyan Foodstuffs Industrial Co., Ltd., (17) Fujian Haishan Foods Co., Ltd., (18) Fujian Pinghe Baofeng Canned Foods, (19) Fujian Tongfa Foods Group Co., Ltd., (20) Fujian Yuxing Fruits and Vegetables Foodstuffs Development Co., Ltd., (21) Fujian Zishan Group Co., Ltd., (22) Golden Banyan Foodstuffs Industry Co., Ltd., (23) Guangxi Eastwing Trading Co., Ltd., (24) Guangxi Hengyong Industrial & Commerical Dev. Ltd., (25) Guangxi Jisheng Foods, Inc., (26) Hangzhou Happy Green Co., Ltd., (27) Hoa Mai Food Company Limited, (28) Honour Lane Shipping Ltd., (29) Inter-Foods (Dongshan) Co., Ltd., (30) Jeenhuat Foodstuffs Industries Sdn. Bhd., (31) Jewell International Corporation, (32) Jiangxi Cereals Oils Foodstuffs, (33) Jin Feng Food Co., Ltd., (34) Joy Foods (Zhangzhou) Co., Ltd., (35) Kuehne & Nagel Limited Xiamen Branch, (36) LF Logistics Co., Ltd., (37) Kangfa, (38) Linyi Yuqiao International Trade Co., Ltd., (39) Logistics THL Corp., (40) Longhai Guangfa Food Co., Ltd, (41) Mikado Food China Co., Ltd., (42) Nam Phuong International Co., Ltd., (43) Nam Tien Production & Export Co., Ltd., (44) Omni Ringo Business Ltd., (45) OOCL Logistics Ltd., (46) Orient Express Container Co., Ltd., (47) Paifu Enterprise Corporation, (48) Panalpina World Transport (PRC) Ltd., (49) Philippine Haofeng Food Corporation, (50) Primera Harvest (Xiangfan) Co., Ltd., (51) PT. Apex Maritim Indonesia, (52) PT. Eka Timur Raya (Etira Mushrooms), (53) PT. Suryajaya Abadi Perkasa, (54) Pudong Prime International Logistics Inc., (55) Seahorse Shipping Corporation, (56) Shandong Fengyu Edible Fungus Corporation Ltd., (57) Shandong Jiufa Edible Fungus Corporation, Ltd., (58) Shandong Xinfa Agricultural Science Corporation Ltd., (59) Shandong Yinfeng Rare Fungus Corporation, Ltd., (60) Shanghai Best Wholesome Economy & Trade Co., Ltd., (61) Shenzhen Syntrans International Logistics Co., Ltd., (62) Shouguang Sunrise Industry & Commerce Co., Ltd., (63) Shundi Foods Co., Ltd. (64) Speedier Logistics Co., Ltd., (65) Success Program International Transport J. S.C., (66) Sun Mark Industrial Corp., (67) Sun VN Transport Corp., (68) Sun Wave Trading Co., Ltd., (69) Sun Wave & Trading Co., Ltd., (70) Sunrise Food Industry & Commerce, (71) Thuy Duong Transport and Trading Service JSC, (72) Tianjin Fulida Supply Co., Ltd., (73) Woo Sun Food Factory Co., (74) Xiamen Aukking Imp. & Exp. Co., Ltd., (75) Xiamen Carre Food Co., Ltd., (76) Xiamen Choice Harvest Imp., (77) Xiamen Greenland Import & Export Co., Ltd., (78) Xiamen Gulong Imp. & Exp. Co., Ltd., (79) Xiamen Gulong Import & Export Co., Ltd., (80) Xiamen Huamin Import & Export Co., Ltd., (81) Xiamen International Trade & Industrial Co., Ltd., (82) Xiamen Jiahua Import & Export Trading Co., Ltd., (83) Xiamen Lian Fang Industry Co., Ltd., (84) Xiamen Longstar Lighting Co., Ltd., (85) Xiamen Longhuai Import & Export Co., Ltd., (86) Xiamen Sungiven Import & Export Co., Ltd., (87) Zhangzhou Golden Banyan Foodstuffs Industrial Co., Ltd. (88) Zhangzhou Long Mountain Foods Co., Ltd., (89) Zhangzhou Longhai Minhui Industry & Trade Co. Ltd., (90) Zhangzhou Tan Co. Ltd. Fujian, China, (91) Zhangzhou Tan Co., Ltd., (92) Zhangzhou Tongfa Foods Industry Co., Ltd., (93) Zhangzhou Xiangcheng Rainbow & Greenland Food Co., Ltd., (94) Zhangzhou Yuxing Imp. & Exp. Trading Co., Ltd., (95) Zhangzhou Yuxing Import & Export Trading Co., Ltd., (96) Zhejiang Jinhua Jinli Mushroom Co., Ltd., (97) Zhejiang Iceman Food Co., Ltd., (98) Zhejiang Iceman Group Co., Ltd., and (99) Zhongshan Magic Foodstuff Co., Ltd.

    Methodology

    The Department is conducting this review in accordance with section 751(a)(1)(B) of the Act. For Dezhou Kaihang, export price was calculated in accordance with section 772(a) of the Act. Because the PRC is a non-market economy within the meaning of section 771(18) of the Act, normal value was calculated in accordance with section 773(c) of the Act. Because Kangfa did not demonstrate its elibility for a separate rate, we treated it as part of the PRC-wide entity.

    For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at http://access.trade.gov and to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the internet at http://enforcement.trade.gov/frn/index.html.

    Preliminary Results of Review

    The Department preliminarily determines that the following weighted-average dumping margin exists:

    Exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Dezhou Kaihang Agricultural Science Technology Co. Ltd 0.00
    Disclosure and Public Comment

    The Department intends to disclose calculations performed for these preliminary results to the parties within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.14 Parties who submit case briefs or rebuttal briefs in this proceeding are encouraged to submit with each argument: (1) A statement of the issue; (2) a brief summary of the argument; and (3) a table of authorities.15 Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the cases briefs are filed.16

    14See 19 CFR 351.309(c)(1)(ii).

    15See 19 CFR 351.309(c)(2).

    16See 19 CFR 351.309(d).

    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, filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by the Department's ACCESS by 5:00 p.m. Eastern Time within 30 days after the date of publication of this notice.17 Hearing requests should contain (1) the party's name, address, and telephone number; (2) the number of participants; and (3) a list of issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case briefs. Unless extended, the Department intends to issue the final results of this review, including the results of its analysis of issues raised by parties in their comments, within 120 days after the publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act and 19 CFR 351.213(h)(1).

    17See 19 CFR 351.310(c).

    Assessment Rates

    Upon issuing the final results of review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.18 If Dezhou Kaihang's weighted-average dumping margin is above de minimis (i.e., 0.5 percent) in the final results of this review, we will calculate an importer-specific assessment rate on the basis of the ratio of the total amount of dumping calculated for the importer's examined sales and the total entered value of those sales in accordance with 19 CFR 351.212(b)(1). Specifically, the Department will apply the assessment rate calculation method adopted in Final Modification for Reviews. 19 Where an importer-specific ad valorem rate is zero or de minimis, we will instruct CBP to liquidate appropriate entries without regard to antidumping duties.20

    18See 19 CFR 351.212(b)(1).

    19See Antidumping Proceeding: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Duty Proceedings; Final Modification, 77 FR 8103 (February 14, 2012) (Final Modification for Reviews).

    20See 19 CFR 351.106(c)(2).

    For entries that were not reported in the U.S. sales databases submitted by exporters individually examined during this review, the Department will instruct CBP to liquidate such entries at the PRC-wide rate. In addition, if the Department determines that an exporter under review had no shipments of the subject merchandise, any suspended entries that entered under that exporter's case number (i.e., at that exporter's rate) will be liquidated at the PRC-wide rate of 308.33 percent.21 The Department intends to issue appropriate assessment instructions directly to CBP 15 days after publication of the final results of review.

    21See Certain Preserved Mushrooms from the People's Republic of China; Final Results of Antidumping Duty Administrative Review; 2013-2014; and Partial Rescission of Review, 80 FR 32355, 32357 (June 8, 2015).

    Cash Deposit Requirements

    The following cash deposit requirements will be effective upon publication of the final results of this administrative 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 section 751(a)(2)(C) of the Act: (1) For subject merchandise exported by Dezhou Kaihang, the cash deposit rate will be that established in the final results of review (except, if the rate is zero or de minimis, then the cash deposit rate will be zero for that exporter); (2) for previously investigated or reviewed PRC and non-PRC exporters not listed above that received a separate rate in a prior segment of this proceeding, the cash deposit rate will continue to be the existing exporter-specific rate; (3) for all PRC exporters of subject merchandise that have not been found to be entitled to a separate rate, the cash deposit rate will be that for the PRC-wide entity; and (4) for all non-PRC exporters of subject merchandise which have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    Notification to Importers

    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 doubled antidumping duties.

    We are issuing and publishing these preliminary results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213.

    Dated: February 28, 2016. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Scope of the Order IV. Preliminary Determination of No Shipments V. Discussion of the Methodology A. Non-Market Economy Country Status B. Separate Rates C. Surrogate Country VI. Fair Value Comparisons A. Determination of Comparison Method B. Results of the Differential Pricing Analysis C. U.S. Price D. Normal Value E. Factor Valuations VII. Currency Conversion VIII. Recommendation
    [FR Doc. 2017-04281 Filed 3-3-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF265 New England Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Notice; public meeting.

    SUMMARY:

    The New England Fishery Management Council (Council) is scheduling a public meeting of its Research Steering Committee to consider actions affecting New England fisheries in the exclusive economic zone (EEZ). Recommendations from this group will be brought to the full Council for formal consideration and action, if appropriate.

    DATES:

    This meeting will be held on Thursday, March 23, 2017 at 9:30 a.m.

    ADDRESSES:

    The meeting will be held at the Hilton Garden Inn, 100 Boardman Street, Boston, MA 02128; telephone: (617) 567-6789.

    Council address: New England Fishery Management Council, 50 Water Street, Mill 2, Newburyport, MA 01950.

    FOR FURTHER INFORMATION CONTACT:

    Thomas A. Nies, Executive Director, New England Fishery Management Council; telephone: (978) 465-0492.

    Agenda

    The Research Steering Committee will conduct a management review of several completed groundfish research projects as well as develop input on the Council's draft research priorities and data needs for 2017-202. The Committee will also address other business as necessary.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Thomas A. Nies, Executive Director, at (978) 465-0492, at least 5 days prior to the meeting date. This meeting will be recorded. Consistent with 16 U.S.C. 1852, a copy of the recording is available upon request.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 1, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04294 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Submission for OMB Review; Comment Request

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

    Agency: National Oceanic and Atmospheric Administration (NOAA).

    Title: Conflict of Interest Disclosure for Nonfederal Government Individuals who are Candidates To Conduct Peer Reviews.

    OMB Control Number: 0648-0567.

    Form Number(s): None.

    Type of Request: Regular

    Number of Respondents: 321.

    Average Hours per Response: 30 minutes.

    Burden Hours: 161.

    Needs and Uses: This request is for revision and extension of a currently approved collection.

    The Office of Management and Budget (OMB) issued government-wide guidance to enhance the practice of peer review of government science documents. OMB's Final Information Quality Bulletin for Peer Review (“Peer Review Bulletin” or PRB) (available at http://www.whitehouse.gov/omb/memoranda/fy2005/m05-03.pdf) establishes minimum peer review standards for influential scientific information that Federal agencies intend to disseminate.

    The Peer Review Bulletin also directs Federal agencies to adopt or adapt the National Academy of Sciences (NAS) policy for evaluating conflicts of interest when selecting peer reviewers who are not Federal government employees (federal employees are subject to Federal ethics requirements). For peer review purposes, the term “conflicts of interest” means any financial or other interest which conflicts with the service of the individual because it could: (1) Significantly impair the individual's objectivity; or (2) create an unfair competitive advantage for any person or organization. NOAA has adapted the NAS policy and developed two confidential conflict disclosure forms which the agency will use to examine prospective reviewers' potential financial conflicts and other interests that could impair objectivity or create an unfair advantage. One form is for peer reviewers of studies related to government regulation and the other form is for all other influential scientific information subject to the Peer Review Bulletin. In addition, the latter form has been adapted by NOAA's Office of Oceanic and Atmospheric Research for potential reviewers of scientific laboratories.

    The forms include questions about employment as well as investment and property interests and research funding. Both forms also require the submission of curriculum vitae. NOAA is seeking to collect this information from potential peer reviewers who are not government employees when conducting a peer review pursuant to the PRB. The information collected in the conflict of interest disclosure is essential to NOAA's compliance with the OMB PRB, and helps to ensure that government studies are reviewed by independent, impartial peer reviewers.

    Revision: A custom OAR form is no longer in use.

    Affected Public: Individuals or households.

    Frequency: On occasion.

    Respondent's Obligation: Voluntary.

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

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

    Dated: March 1, 2017. Sarah Brabson, NOAA PRA Clearance Officer.
    [FR Doc. 2017-04299 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF266 Gulf of Mexico Fishery Management Council; Public Meeting AGENCY:

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

    ACTION:

    Meeting notice; via webinar.

    SUMMARY:

    The Gulf of Mexico Fishery Management Council (Council) will hold a public hearing via webinar to solicit public comments on Reef Fish Amendment 36A—Modifications to Commercial Individual Fishing Quota (IFQ) Programs.

    DATES:

    The public hearing webinar will take place on Wednesday, March 22, 2017, starting at 6 p.m. EST and will conclude no later than 9 p.m. See SUPPLEMENTARY INFORMATION for how to participate. Written public comments must be received on or before 5 p.m. EST on Tuesday, March 28, 2017.

    ADDRESSES:

    Meeting address: The public hearing will be held via webinar; see SUPPLEMENTARY INFORMATION for how to participate.

    Council address: Gulf of Mexico Fishery Management Council, 2203 N. Lois Avenue, Suite 1100, Tampa, FL 33607; (813) 348-1630.

    Public comments: Comments may be submitted online through the Council's public portal by visiting www.gulfcouncil.org and clicking on “CONTACT US”.

    FOR FURTHER INFORMATION CONTACT:

    Ava Lasseter, Anthropologist, Gulf of Mexico Fishery Management Council; telephone: (813) 348-1630.

    SUPPLEMENTARY INFORMATION:

    The Council staff will brief the public on Reef Fish Amendment 36A—Modifications to Commercial Individual Fishing Quota (IFQ) Programs. The amendment considers actions to improve program compliance, address non-activated accounts, and authority to retain annual allocation before a quota reduction. Staff will then open the meeting for questions and public comments. The schedule is as follows:

    Wednesday, March 22, 2017, Webinar at 6 p.m. EST: Public Hearing: Reef Fish Amendment 36A—Modifications to Commercial IFQ Programs https://attendee.gotowebinar.com/register/8308877810229905155.

    After registering, you will receive a confirmation email containing information about joining the webinar.

    Copies of the public hearing documents can be obtained by calling (813) 348-1630 or visiting www.GulfCouncil.org.

    Special Accommodations

    This meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Kathy Pereira (see ADDRESSES), at least 5 working days prior to the meeting date.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 1, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04295 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF264 Fisheries of the South Atlantic; Southeast Data, Assessment, and Review (SEDAR); Pre-Assessment Webinar for Atlantic Blueline Tilefish; Public Meeting AGENCY:

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

    ACTION:

    Notice of SEDAR 50 Pre-Assessment webinar.

    SUMMARY:

    The SEDAR 50 assessment of the Atlantic stock of Blueline Tilefish will consist of a series of workshops and webinars: Stock ID Work Group Meeting; Data Workshop; Assessment Workshop and Webinars; and a Review Workshop. See SUPPLEMENTARY INFORMATION.

    DATES:

    The SEDAR 50 Pre-Assessment webinar will be held on Friday, March 31, 2017, from 9 a.m. to 12 p.m.

    ADDRESSES:

    Meeting address: The meeting will be held via webinar. The webinar is open to members of the public. Those interested in participating should contact Julia Byrd at SEDAR (see FOR FURTHER INFORMATION CONTACT) to request an invitation providing webinar access information. Please request webinar invitations at least 24 hours in advance of each webinar.

    SEDAR address: South Atlantic Fishery Management Council, 4055 Faber Place Drive, Suite 201, N. Charleston, SC 29405; www.sedarweb.org.

    FOR FURTHER INFORMATION CONTACT:

    Julia Byrd, SEDAR Coordinator, 4055 Faber Place Drive, Suite 201, North Charleston, SC 29405; phone (843) 571-4366; email: [email protected]

    SUPPLEMENTARY INFORMATION:

    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 a workshop and/or 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 items of discussion at the Pre-Assessment webinar are as follows:

    Participants will finalize data recommendations from the Data Workshop and provide early modeling advice.

    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.

    Special Accommodations

    This meeting is accessible to people with disabilities. Requests for auxiliary aids should be directed to the SAFMC office (see ADDRESSES) at least 10 business days prior to the meeting.

    Note:

    The times and sequence specified in this agenda are subject to change.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 1, 2017. Tracey L. Thompson, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04293 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XF084 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys Along the Oregon and California Coasts AGENCY:

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

    ACTION:

    Notice; issuance of an incidental harassment authorization.

    SUMMARY:

    In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Partnership for Interdisciplinary Study of Coastal Oceans (PISCO) at the University of California Santa Cruz (UCSC) to incidentally harass, by Level B harassment only, marine mammals during rocky intertidal monitoring surveys.

    DATES:

    This Authorization is effective from February 21, 2017 through February 20, 2018.

    FOR FURTHER INFORMATION CONTACT:

    Robert Pauline, Office of Protected Resources, NMFS, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review.

    Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking, other means of effecting the least practicable impact on the species or stock and its habitat, and requirements pertaining to the mitigation, monitoring and reporting of such takings are set forth. NMFS has defined “negligible impact” in 50 CFR 216.103 as “. . .an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.”

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: “any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).”

    Summary of Request

    On September 23, 2016 NMFS received an application from PISCO for the taking of marine mammals incidental to rocky intertidal monitoring surveys along the Oregon and California coasts. NMFS determined that the application was adequate and complete on October 9, 2016. NMFS has previously issued four IHAs for this ongoing project (77 FR 72327, December 5, 2012; 78 FR 79403, December 30, 2013; 79 FR 73048, December 9, 2014; 81 FR 7319, February 2, 2016).

    The research group at UC Santa Cruz operates in collaboration with two large-scale marine research programs: PISCO and the Multi-agency Rocky Intertidal Network (MARINe). The research group at UC Santa Cruz (PISCO) is responsible for many of the ongoing rocky intertidal monitoring programs along the Pacific coast. Monitoring occurs at rocky intertidal sites, often large bedrock benches, from the high intertidal to the water's edge. Long-term monitoring projects include Community Structure Monitoring, Intertidal Biodiversity Surveys, Marine Protected Area Baseline Monitoring, Intertidal Recruitment Monitoring, and Ocean Acidification. Research is conducted throughout the year along the California and Oregon coasts and will continue indefinitely. Most sites are sampled one to two times per year over a 4-6 hour period during a negative low tide series. This IHA is effective for a 12-month period. The following specific aspects of the proposed activities are likely to result in the take of marine mammals: Presence of survey personnel near pinniped haulout sites and unintentional approach of survey personnel towards hauled out pinnipeds. Take, by Level B harassment only, of individuals of California sea lions (Zalophus californianus), harbor seals (Phoca vitulina richardii), and northern elephant seals (Mirounga angustirostris) is anticipated to result from the specified activity.

    Description of the Specified Activity Overview

    PISCO requested an IHA to continue rocky intertidal monitoring work that has been ongoing for 20 years. PISCO focuses on understanding the nearshore ecosystems of the U.S. west coast through a number of interdisciplinary collaborations. The program integrates long-term monitoring of ecological and oceanographic processes at dozens of sites with experimental work in the lab and field. A short description of project components is found below. A detailed description of the planned intertidal monitoring project was provided in the Federal Register notice for the proposed IHA (82 FR 3727; January 12, 2017). Since that time, no changes have been made to the planned monitoring activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity.

    Dates and Duration

    PISCO's research is conducted throughout the year, but will begin no sooner than February 21, 2017 and end on February 20, 2018. Most sites are sampled one to two times per year over a 1-day period (4-6 hours per site) during a negative low tide series. Due to the large number of research sites, scheduling constraints, the necessity for negative low tides and favorable weather/ocean conditions, exact survey dates are variable and difficult to predict. Some sampling may occur in all months.

    Specified Geographic Region

    Sampling sites occur along the California and Oregon coasts. Community Structure Monitoring sites range from Ecola State Park near Cannon Beach, Oregon to Government Point located northwest of Santa Barbara, California. Biodiversity Survey sites extend from Ecola State Park south to Cabrillo National Monument in San Diego County, California. Exact locations of sampling sites can be found in Tables 1 and 2 of PISCO's application which may be found on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

    Detailed Description of Activities

    Community Structure Monitoring involves the use of permanent photoplot quadrats, which target specific algal and invertebrate assemblages (e.g., mussels, rockweeds, barnacles). Each photoplot is photographed and scored for percent cover. The Community Structure Monitoring approach is based largely on surveys that quantify the percent cover and distribution of algae and invertebrates that constitute these communities. This approach allows researchers to quantify both the patterns of abundance of targeted species, as well as characterize changes in the communities in which they reside. Such information provides managers with insight into the causes and consequences of changes in species abundance. There are 47 Community Structure sites, each of which is surveyed over a 1-day period during a low tide series one to two times a year.

    Biodiversity Surveys are part of a long-term monitoring project and are conducted every 3-5 years across 140 established sites. Note that many, but not all, of the 47 Community Structure sites are also Biodiversity Survey sites. Thirty-eight of the Community Structure sites are utilized for Biodiversity Surveys, leaving nine sites that are only Biodiversity Survey locations. These Biodiversity Surveys involve point contact identification along permanent transects, mobile invertebrate quadrat counts, sea star band counts, and tidal height topographic measurements.

    Sixteen Biodiversity Survey sites will be visited as part of this proposed IHA. Four of the Biodiversity Survey sites are also Community Structure sites, leaving 12 sites that are only Biodiversity Survey sites. As such, a total of 59 sites will be visited under the proposed IHA.

    The intertidal zones where PISCO conducts intertidal monitoring are also areas where pinnipeds can be found hauled out on the shore at or adjacent to some research sites. Pinnipeds are likely to be observed at 17 out of the 59 survey sites. Accessing portions of the intertidal habitat at these locations may cause incidental Level B (behavioral) harassment of pinnipeds through some unavoidable approaches if pinnipeds are hauled out directly in the study plots or while biologists walk from one location to another. No motorized equipment is involved in conducting these surveys.

    Comments and Responses

    A notice of NMFS' proposal to issue an IHA was published in the Federal Register on January 12, 2017 (82 FR 3727). During the 30-day public comment period, the Marine Mammal Commission (Commission) submitted a letter on January 18, 2017. The letter is available on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/research.htm. The Commission had no formal comments and concurred with NMFS's preliminary finding that recommended that NMFS issue an IHA to PISCO, subject to the inclusion of the mitigation, monitoring, and reporting measures.

    Description of Marine Mammals in the Area of the Specified Activity

    Several pinniped species can be found along the California and Oregon coasts. The three that are most likely to occur at some of the research sites are California sea lion, harbor seal, and northern elephant seal. PISCO researchers have seen very small numbers (i.e., five or fewer) of Steller sea lions at one of the sampling sites. However, these sightings are extremely rare. Species that may be found around monitoring locations are shown in Table 1.

    A detailed description of the of the species likely to be affected by the monitoring project, including brief introductions to the species and relevant stocks as well as available information regarding population trends and threats, and information regarding local occurrence, were provided in the Federal Register notice for the proposed IHA (82 FR 3727; January 12, 2017). Since that time, we are not aware of any changes in the status of these species and stocks; therefore, detailed descriptions are not provided here. Please refer to that Federal Register notice for these descriptions. Please also refer to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for generalized species accounts.

    Table 1—Marine Mammals Potentially Present in the Vicinity of Study Areas Species Scientific name Stock ESA/MMPA status;
  • strategic
  • (Y/N) 1
  • Stock abundance
  • (CV, Nmin, most recent abundance survey) 2
  • California sea lion Zalophus californianus U.S —; N 296,750 (n/a; 153,337; 2011). Steller sea lion Eumetopias jubatus Eastern U.S D; Y 60,131-74,448 (n/a; 36,551; 2013). Harbor seal Phoca vitulina richardii California/Oregon/Washington —; N 30,968 (0.157; 27,348; 2012 [CA])/
  • 24,732 (n/a; n/a [OR/WA] 3.
  • Northern elephant seal Mirounga angustirostris California breeding stock —; N 179,000 (n/a; 81,368; 2010). 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (—) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the specie's (or similar species') life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore. 3 The most recent abundance estimate is >8 years old, there is no current estimate of abundance available for this stock.
    Potential Effects of the Specified Activity on Marine Mammals

    The effect of stressors associated with the specified activity (e.g., pedestrian researchers) has the potential to result in behavioral harassment of marine mammals in the vicinity of the action areas. The Federal Register notice for the proposed IHA (82 FR 3727; January 12, 2017) included a discussion of the effects of such disturbance on marine mammals, therefore that information is not repeated here.

    Anticipated Effects on Marine Mammal Habitat

    NMFS described potential impacts to marine mammal habitat in detail in our Federal Register notice of proposed authorization (82 FR 3727; January 12, 2017). In summary, the project activities would not modify existing marine mammal habitat. Because of the short duration of the activities and the relatively small area of the habitat that may be affected, the impacts to marine mammal habitat are not expected to cause significant or long-term negative consequences for individual marine mammals or their populations

    Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, NMFS must, where applicable, set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses (where relevant).

    Mitigation Measures

    PISCO will implement several mitigation measures to reduce potential take by Level B (behavioral disturbance) harassment. Measures include the following:

    • When possible, researchers will observe a site from a distance with binoculars to detect any marine mammals prior to approaching the site. Researchers will approach a site with caution (slowly and quietly) to avoid surprising any hauled-out individuals and to reduce stampeding of individuals towards the water.

    • If possible, researchers will avoid pinnipeds along access ways to sites by locating and taking a different access way. Researchers will keep a safe distance from and not approach any marine mammal while conducting research, unless it is absolutely necessary to flush a marine mammal in order to continue conducting research (i.e., if a site cannot be accessed or sampled due to the presence of pinnipeds).

    • Researchers will avoid making loud noises (i.e., using hushed voices) and keep bodies low to the ground in the visual presence of pinnipeds.

    • Researches will monitor the offshore area for predators (such as killer whales and white sharks) and avoid flushing of pinnipeds when predators are observed in nearshore waters. Note that PISCO has never observed an offshore predator while researchers were present at any of the survey sites.

    • Intentional flushing will be avoided if pups are present and nursing pups will not be disturbed.

    • To avoid take of Steller sea lions, any site where they are present will not be approached and will be sampled at a later date. Note that observation of sea lions at survey sites is extremely rare.

    • Researchers will promptly vacate sites at the conclusion of sampling.

    The methodologies and actions noted in this section will be included as mitigation measures in the IHA to ensure that impacts to marine mammals are mitigated to the lowest level practicable. The primary method of mitigating the risk of disturbance to pinnipeds, which will be in use at all times, is the selection of judicious routes of approach to study sites, avoiding close contact with pinnipeds hauled out on shore, and the use of extreme caution upon approach. Each visit to a given study site will last for approximately 4-6 hours, after which the site is vacated and can be re-occupied by any marine mammals that may have been disturbed by the presence of researchers. By arriving before low tide, worker presence will tend to encourage pinnipeds to move to other areas for the day before they haul out and settle onto rocks at low tide.

    Mitigation Conclusions

    NMFS has carefully reviewed mitigation measures to ensure these measures would have the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another:

    • The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals;

    • The proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and

    • The practicability of the measure for applicant implementation.

    Any mitigation measure(s) prescribed by NMFS should be able to accomplish, have a reasonable likelihood of accomplishing (based on current science), or contribute to the accomplishment of one or more of the general goals listed below:

    1. Avoidance or minimization of injury or death of marine mammals wherever possible (goals 2, 3, and 4 may contribute to this goal).

    2. A reduction in the numbers of marine mammals (total number or number at biologically important time or location) exposed to activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    3. A reduction in the number of times (total number or number at biologically important time or location) individuals would be exposed to activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing harassment takes only).

    4. A reduction in the intensity of exposures (either total number or number at biologically important time or location) to activities expected to result in the take of marine mammals (this goal may contribute to 1, above, or to reducing the severity of harassment takes only).

    5. Avoidance or minimization of adverse effects to marine mammal habitat, paying special attention to the food base, activities that block or limit passage to or from biologically important areas, permanent destruction of habitat, or temporary destruction/disturbance of habitat during a biologically important time.

    6. For monitoring directly related to mitigation—an increase in the probability of detecting marine mammals, thus allowing for more effective implementation of the mitigation.

    Based on our evaluation of the applicant's proposed measures, NMFS has determined that the mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance.

    Monitoring and Reporting

    In order to issue an ITA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must, where applicable, set forth “requirements pertaining to the monitoring and reporting of such taking.” The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. PISCO has described their long-standing monitoring actions in Section 13 of the Application.

    Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals:

    1. An increase in our understanding of the likely occurrence of marine mammal species in the vicinity of the action, i.e., presence, abundance, distribution, and/or density of species.

    2. An increase in our understanding of how many marine mammals are likely to be exposed to levels of disturbance that we associate with specific adverse effects, such as behavioral harassment;

    3. An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods:

    Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict received level, distance from source, and other pertinent information);

    Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli;

    4. An increased knowledge of the affected species; and

    5. An increase in our understanding of the effectiveness of certain mitigation and monitoring measures.

    PISCO will contribute to the knowledge of pinnipeds in California and Oregon by noting observations of: (1) Unusual behaviors, numbers, or distributions of pinnipeds, such that any potential follow-up research can be conducted by the appropriate personnel; (2) tag-bearing carcasses of pinnipeds, allowing transmittal of the information to appropriate agencies and personnel; and (3) rare or unusual species of marine mammals for agency follow-up.

    Monitoring requirements in relation to PISCO's rocky intertidal monitoring will include observations made by the applicant. Information recorded will include species counts (with numbers of pups/juveniles when possible) of animals present before approaching, numbers of observed disturbances, and descriptions of the disturbance behaviors during the monitoring surveys, including location, date, and time of the event. For consistency, any reactions by pinnipeds to researchers will be recorded according to a three-point scale shown in Table 2. Note that only observations of disturbance Levels 2 and 3 should be recorded as takes.

    Table 2—Levels of Pinniped Behavioral Disturbance Level Type of
  • response
  • Definition
    1 Alert Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animal's body length. 2 Movement Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animal's body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees. 3 Flush All retreats (flushes) to the water.

    In addition, observations regarding the number and species of any marine mammals observed, either in the water or hauled-out, at or adjacent to a site, are recorded as part of field observations during research activities. Information regarding physical and biological conditions pertaining to a site, as well as the date and time that research was conducted are also noted. This information will be incorporated into a monitoring report for NMFS. PISCO will also report observations of unusual behaviors, numbers, or distributions of pinnipeds, or of tag-bearing carcasses, to NMFS Southwest Fisheries Science Center (SWFSC).

    If at any time the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as an injury (Level A harassment), serious injury, or mortality, PISCO shall immediately cease the specified activities and report the incident to the Office of Protected Resources, NMFS, and the Southwest Regional Stranding Coordinator, NMFS. The report must include the following information:

    (1) Time and date of the incident;

    (2) Description of the incident;

    (3) Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility);

    (4) Description of all marine mammal observations in the 24 hours preceding the incident;

    (5) Species identification or description of the animal(s) involved;

    (6) Fate of the animal(s); and

    (7) Photographs or video footage of the animal(s).

    Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with PISCO to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. PISCO may not resume the activities until notified by NMFS.

    In the event that an injured or dead marine mammal is discovered and it is determined that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), PISCO shall immediately report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The report must include the same information identified in the paragraph above IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with PISCO to determine whether additional mitigation measures or modifications to the activities are appropriate.

    In the event that an injured or dead marine mammal is discovered and it is determined that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), PISCO shall report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. PISCO shall provide photographs or video footage or other documentation of the stranded animal sighting to NMFS. Activities may continue while NMFS reviews the circumstances of the incident.

    A draft final report must be submitted to NMFS Office of Protected Resources within 60 days after the conclusion of the 2016-2017 field season or 60 days prior to the start of the next field season if a new IHA will be requested. The report will include a summary of the information gathered pursuant to the monitoring requirements set forth in the IHA. A final report must be submitted to the Director of the NMFS Office of Protected Resources and to the NMFS West Coast Regional Administrator within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report will be considered to be the final report.

    Monitoring Results From Previously Authorized Activities

    PISCO complied with the mitigation and monitoring that were required under the IHA issued in December 2014. In compliance with the IHA, PISCO submitted a report detailing the activities and marine mammal monitoring they conducted. The IHA required PISCO to conduct counts of pinnipeds present at study sites prior to approaching the sites and to record species counts and any observed reactions to the presence of the researchers.

    From December 17, 2014, through December 16, 2015, PISCO researchers conducted rocky intertidal sampling at numerous sites in California and Oregon (see Table 1 and 2 in PISCO's 2014-2015 monitoring report). During this time no injured, stranded, or dead pinnipeds were observed. Tables 7, 8, and 9 in PISCO's monitoring report outline marine mammal observations and reactions. During this period there were 44 takes of harbor seals, 19 takes of California sea lions, and 4 takes of northern elephant seals. NMFS had authorized the take of 183 harbor seals, 60 California sea lions, and 30 Northern Elephant seals under the IHA.

    Based on the results from the monitoring report, we conclude that these results support our original findings that the mitigation measures set forth in the 2014-2015 IHA effected the least practicable impact on the species or stocks. There were no stampede events this year and most disturbances were Level 1 and 2 from the disturbance scale (Table 2)—meaning the animal did not fully flush but observed or moved slightly in response to researchers. Those that did fully flush to the water did so slowly. Most of these animals tended to observe researchers from the water and then re-haulout farther upcoast or downcoast of the site within approximately 30 minutes of the disturbance.

    Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the MMPA defines “harassment” as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild (Level A harassment); or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering (Level B harassment).

    All anticipated takes would be by Level B harassment, involving temporary changes in behavior. The mitigation and monitoring measures are expected to minimize the possibility of injurious or lethal takes such that take by injury, serious injury, or mortality is considered remote. Animals hauled out close to the actual survey sites may be disturbed by the presence of researchers and may alter their behavior or attempt to move away from the researchers.

    As discussed earlier, NMFS considers an animal to have been harassed if it moved greater than two times its body length in response to the researcher's presence or if the animal was already moving and changed direction and/or speed, or if the animal flushed into the water. Animals that became alert without such movements were not considered harassed.

    For the purpose of the issued IHA, only the Oregon and California sites that are frequently sampled and have a marine mammal presence during sampling were included in calculating take estimates. Sites where only Biodiversity Surveys are conducted did not provide enough data to confidently estimate takes since they are sampled infrequently (once every 3-5 years). A small number of harbor seal, northern elephant seal and California sea lion pup takes are anticipated as pups may be present at several sites during spring and summer sampling.

    Take estimates are based on marine mammal observations from each site. Marine mammals are observed as part of PISCO site observations, which include taking notes on physical and biological conditions at the site. The maximum number of marine mammals, by species, seen at any given time throughout the sampling day is recorded at the conclusion of sampling. A marine mammal is counted if it is seen on access ways to the site, at the site, or immediately up-coast or down-coast of the site. Marine mammals in the water immediately offshore are also recorded. Any other relevant information, including the location of a marine mammal relevant to the site, any unusual behavior, and the presence of pups is also noted.

    These observations formed the basis from which researchers with extensive knowledge and experience at each site estimated the actual number of marine mammals that may be subject to take. Take estimates for each species for which take would be authorized were based on the following equation:

    Take estimate per survey site = (number of expected animals per survey site * number of survey days per survey site)

    Individual species' totals for each survey site were summed to arrive at a total estimated take. In most cases the number of takes is based on the maximum number of marine mammals that have been observed at a site throughout the history of the site (1-3 observation per year for 5-10 years or more) with additional input provided by the researchers with site-specific knowledge and experience. Section 6 in PISCO's application outlines the number of visits per year for each sampling site and the potential number of pinnipeds anticipated to be encountered at each site. Tables 3, 4, 5 in PISCO's application outlines the number of potential takes per site (see ADDRESSES).

    Harbor seals are expected to occur at 16 locations in numbers ranging from 5 to 30 per visit (Table 3 in PISCO's application). It is anticipated that there will be 220 takes of adult harbor seals and 13 takes of weaned pups. Therefore, NMFS authorizes the take of up to 233 harbor seals.

    California sea lions are expected to be present at five sites. Eighty-five adult and five pups are expected to be taken. Therefore, NMFS authorizes the take of 90 California sea lions.

    Northern elephant seals are only expected to occur at one site this year, Piedras Blancs, which will experience two separate visits. Up to 20 adult and 40 pup takes are anticipated. Therefore, NMFS authorizes the take of up to 60 northern elephant seals.

    PISCO researchers report that they have very rarely observed Steller sea lions at any research sites and none have been observed over the last several years. Therefore, PISCO has not requested, and NMFS did not authorize take of any Steller sea lions.

    NMFS has authorized the take, by Level B harassment only, of 233 harbor seals, 90 California sea lions, and 60 northern elephant seals. These numbers are considered to be maximum take estimates. Therefore, actual take may be less if animals decide to haul out at a different location for the day or animals are out foraging at the time of the survey activities.

    Analysis and Determinations Negligible Impact Analysis

    Negligible impact is “an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival” (50 CFR 216.103). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population-level effects). An estimate of the number of Level B harassment takes, alone, is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be “taken” through behavioral harassment, NMFS must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, feeding, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, effects on habitat, and the status of the species.

    To avoid repetition, the discussion of our analyses applies generally to the three species for which take is authorized, given that the anticipated effects of these surveys on marine mammals are expected to be relatively similar in nature. Where there are species-specific factors that have been considered, they are identified below.

    No injuries or mortalities are anticipated to occur as a result of PISCO's rocky intertidal monitoring surveys and none are proposed to be authorized. The risk of marine mammal injury, serious injury, or mortality associated with rocky intertidal monitoring increases somewhat if disturbances occur during breeding season. These situations present increased potential for mothers and dependent pups to become separated and, if separated pairs do not quickly reunite, the risk of mortality to pups (e.g., through starvation) may increase. Separately, adult male elephant seals may trample elephant seal pups if disturbed, which could potentially result in the injury, serious injury, or mortality of the pups. The risk of either of these situations is greater in the event of a stampede; however, as described previously, stampede is not considered likely to occur.

    Very few pups are anticipated to be encountered during the proposed monitoring surveys. However, a small number of harbor seal, northern elephant seal, and California sea lion pups have been observed at several of the proposed monitoring sites during past years. Harbor seals are very precocious with only a short period of time in which separation of a mother from a pup could occur. Although elephant seal pups are occasionally present when researchers visit survey sites, risk of pup mortalities is very low because elephant seals are far less reactive to researcher presence compared to the other two species. Further, elephant seal pups are typically found on sand beaches, while study sites are located in the rocky intertidal zone, meaning that there is typically a buffer between researchers and pups. Finally, the caution used by researchers in approaching sites generally precludes the possibility of behavior, such as stampeding, that could result in extended separation of mothers and dependent pups or trampling of pups. No research would occur where separation of mother and her nursing pup or crushing of pups can become a concern.

    Typically, even those reactions constituting Level B harassment would result at most in temporary, short-term disturbance. In any given study season, researchers will visit sites one to two times per year for a total of 4-6 hours per visit. Therefore, disturbance of pinnipeds resulting from the presence of researchers lasts only for short periods of time and is separated by significant amounts of time in which no disturbance occurs.

    Some of the pinniped species may use some of the sites during certain times of year to conduct pupping and/or breeding. However, some of these species prefer to use offshore islands for these activities. At the sites where pups may be present, PISCO has proposed to implement certain mitigation measures, such as no intentional flushing if dependent pups are present, which will avoid mother/pup separation and trampling of pups.

    Of the marine mammal species anticipated to occur in the proposed activity areas, none are listed under the ESA. Taking into account the planned mitigation measures, effects to marine mammals are generally expected to be restricted to short-term changes in behavior or temporary abandonment of haulout sites, pinnipeds are not expected to permanently abandon any area that is surveyed by researchers, as is evidenced by continued presence of pinnipeds at the sites during annual monitoring counts. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed mitigation and monitoring measures, NMFS finds that the total marine mammal take from PISCO's rocky intertidal monitoring program will not adversely affect annual rates of recruitment or survival and, therefore, will have a negligible impact on the affected species or stocks.

    Small Numbers

    Table 3 presents the abundance of each species or stock, the proposed take estimates, and the percentage of the affected populations or stocks that may be taken by Level B harassment. The numbers of animals authorized to be taken would be considered small relative to the relevant stocks or populations (0.75-0.94 percent for harbor seals, and <0.01 percent for California sea lions and northern elephant seals). Because these are maximum estimates, actual take numbers are likely to be lower, as some animals may not be present on survey days.

    Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, we find that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks.

    Table 3—Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be Taken for the Potentially Affected Species During the Proposed Rocky Intertidal Monitoring Program Species Abundance * Total proposed
  • Level B take
  • Percentage of
  • stock or
  • population
  • Harbor seal 1 30,968
  • 2 24,732
  • 233 <0.75-0.94
    California sea lion 296,750 90 <0.01 Northern elephant seal 179,000 60 <0.01 * Abundance estimates are taken from the 2015 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2016). 1 California stock abundance estimate; 2 Oregon/Washington stock abundance estimate from 1999-Most recent surveys.
    Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes.

    Endangered Species Act

    No species listed under the ESA are expected to be affected by these activities. Therefore, NMFS has determined that a section 7 consultation under the ESA is not required.

    National Environmental Policy Act (NEPA)

    In 2012, NMFS prepared an EA analyzing the potential effects to the human environment from conducting rocky intertidal surveys along the California and Oregon coasts and issued a Finding of No Significant Impact (FONSI) on November 26, 2012 on the issuance of an IHA for PISCO's rocky intertidal surveys in accordance with section 6.01 of the NOAA Administrative Order 216-6 (Environmental Review Procedures for Implementing the National Environmental Policy Act, May 20, 1999). We have reviewed the application for a renewed IHA for ongoing monitoring activities for 2017-18 as well as results from the 2014-15 monitoring report. Based on that review, we have determined that the action is very similar to that considered in the previous IHA. We conducted an environmental review and found no significant new circumstances or information relevant to environmental concerns have been identified. Thus, we have determined that the preparation of a new or supplemental NEPA document is not necessary. The 2012 NEPA documents are available for review at www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

    Authorization

    As a result of these determinations, we have issued an IHA to PISCO for conducting the described activities related to rocky intertidal monitoring surveys along the Oregon and Washington coasts from February 21, 2017 through February 20, 2018 provided the previously described mitigation, monitoring, and reporting requirements are incorporated.

    Dated: February 28, 2017. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-04194 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF DEFENSE Office of the Secretary Charter Renewal of Department of Defense Federal Advisory Committee AGENCY:

    Department of Defense.

    ACTION:

    Renewal of Federal Advisory Committee.

    SUMMARY:

    The Department of Defense (DoD) is publishing this notice to announce that it is renewing the charter for the National Security Education Board (“the Board”).

    FOR FURTHER INFORMATION CONTACT:

    Jim Freeman, Advisory Committee Management Officer for the Department of Defense, 703-692-5952.

    SUPPLEMENTARY INFORMATION:

    The Board's charter is being renewed under the provisions of 50 U.S.C. 1903 and in accordance with the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended) and 41 CFR 102-3.50(a). The Board's charter and contact information for the Board's Designated Federal Officer (DFO) can be found at http://www.facadatabase.gov/.

    The Board shall consult on the National Security Scholarship, Fellowships, and Grants Program as described in more detail in 50 U.S.C. Ch. 37. The Secretary of Defense, pursuant to 50 U.S.C. 1906, shall submit to the President and to the Congressional Intelligence committees an annual report of the conduct of the Program required by 50 U.S.C. Ch. 37. In preparation of this annual report, the Secretary of Defense shall consult with the members of the Board, who shall each submit to the Secretary an assessment of their hiring needs in the areas of language and area studies and a projection of the deficiencies in such areas. The Secretary shall include all assessments in the annual report.

    The Board consists of 14 members. All members of the Board are appointed to provide advice on behalf of the Government on the basis of their best judgment without representing any particular point of view and in a manner that is free from conflict of interest. All members are entitled to reimbursement for official Board-related travel and per diem.

    The public or interested organizations may submit written statements to the Board membership about the Board's mission and functions. Written statements may be submitted at any time or in response to the stated agenda of planned meeting of the Board. All written statements shall be submitted to the DFO for the Board, and this individual will ensure that the written statements are provided to the membership for their consideration.

    Dated: February 28, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-04195 Filed 3-3-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Office of the Secretary [Docket ID DOD-2017-OS-0010] Proposed Collection; Comment Request AGENCY:

    National Geospatial-Intelligence Agency, DoD.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, and as part of a Federal Government-wide effort to streamline the process to seek feedback from the public on service delivery, the National Geospatial-Intelligence Agency announces a proposed generic information collection and seeks public comment on the provisions thereof. Comments are invited on: Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility; the accuracy of the agency's estimate of the burden of the proposed information collection; ways to enhance the quality, utility, and clarity of the information to be collected; and ways to minimize the burden of the information collection on respondents, including through the use of automated collection techniques or other forms of information technology.

    DATES:

    Consideration will be given to all comments received by May 5, 2017.

    ADDRESSES:

    You may submit comments, identified by docket number and title, by any of the following methods:

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

    Mail: Department of Defense, Office of the Deputy Chief Management Officer, Directorate for Oversight and Compliance, Regulatory & Advisory Committee Division, 4800 Mark Center Drive, Mailbox #24, Suite 08D09B, Alexandria, VA 22350-1700.

    Instructions: All submissions received must include the agency name, docket number and title for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any personal identifiers or contact information.

    Any associated form(s) for this collection may be located within this same electronic docket and downloaded for review/testing. Follow the instructions at http://www.regulations.gov for submitting comments. Please submit comments on any given form identified by docket number, form number, and title.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on this proposed information collection or to obtain a copy of the proposal and associated collection instruments, please write to Office of Business Intelligence, Xperience Directorate, National Geospatial-Intelligence Agency, ATTN: Jennifer Wright, Ph.D., Program Manager, 3200 S. 2nd Street, St. Louis, MO 63118, or call Jennifer Wright at (314) 676-1312.

    SUPPLEMENTARY INFORMATION:

    Title; Associated Form; and OMB Number: Regular Generic Clearance for the Collection of NGA Customer Satisfaction Strategy Survey; OMB Control Number 0704-XXXX.

    Needs and Uses: The information collection requirement is necessary to garner qualitative and quantitative customer and stakeholder feedback in an efficient and timely manner and is motivated by the Administration's commitment to improving service delivery. This feedback will provide insights into customer or stakeholder perceptions, experiences and expectations, early warning of issues with service, and otherwise focus attention on areas where communication, training or changes in operations might improve delivery of products or services.

    Current Actions: Processing New as Generic.

    Type of Review: New.

    Affected Public: Individuals and Households.

    Estimated Number of Annual Respondents: 29,285.

    Average Expected Annual Number of Activities: 12.

    Below we provide projected average estimates for the next three years:

    Average Number of Respondents per Activity: 500.

    Responses per Respondent: 1.

    Annual Responses: 29,285.

    Average Burden per Response: 14 minutes.

    Annual Burden Hours: 244,061.

    Frequency: On occasion.

    Respondents are contracted employees of the Federal government and DoD Components and Services who use products and services from the National Geospatial-Intelligence Agency in support of other governmental activities. Responses will be assessed to plan and inform efforts to improve or maintain the quality of services offered. If this information is not collected, vital feedback from customers and stakeholders on the Agency's services will be unavailable.

    Dated: March 1, 2017. Aaron Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense.
    [FR Doc. 2017-04251 Filed 3-3-17; 8:45 am] BILLING CODE 5001-06-P
    DEPARTMENT OF DEFENSE Department of the Navy Notice of Availability of Government-Owned Inventions; Available for Licensing AGENCY:

    Department of the Navy, DoD.

    ACTION:

    Notice.

    SUMMARY:

    The inventions listed below are assigned to the United States Government, as represented by the Secretary of the Navy and are available for domestic and foreign licensing by the Department of the Navy.

    The following patents are available for licensing: Patent No. 9,551,554 (Navy Case No. 200117): Cryogenically Generated Compressed Gas Core Projectiles and Related Methods Thereof//Patent No. 9,555,899 (Navy Case No. 102499): Mobile Arresting System//and Patent No. 9,546,984 (Navy Case No. 101269): System and Method for Cleaning a Couplant During Ultrasonic Testing.

    ADDRESSES:

    Requests for copies of the patents cited should be directed to Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Christopher Monsey, Naval Surface Warfare Center, Crane Div, Code OOL, Bldg 2, 300 Highway 361, Crane, IN 47522-5001, Email [email protected]

    Authority:

    35 U.S.C. 207, 37 CFR part 404.

    Dated: February 28, 2017. A.M. Nichols, Judge Advocate General's Corps, U.S. Navy, Federal Register Liaison Officer.
    [FR Doc. 2017-04283 Filed 3-3-17; 8:45 am] BILLING CODE 3810-FF-P
    DEPARTMENT OF EDUCATION [Docket No.: ED-2017-ICCD-0011] Agency Information Collection Activities; Comment Request; Evaluation of the ESSA Title I, Part C, Migrant Education Programs (Recruitment phase) AGENCY:

    Office of Planning, Evaluation and Policy Development (OPEPD), Department of Education (ED).

    ACTION:

    Notice.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. chapter 3501 et seq.), ED is proposing a new information collection.

    DATES:

    Interested persons are invited to submit comments on or before May 5, 2017.

    ADDRESSES:

    To access and review all the documents related to the information collection listed in this notice, please use http://www.regulations.gov by searching the Docket ID number ED-2017-ICCD-0011. Comments submitted in response to this notice should be submitted electronically through the Federal eRulemaking Portal at http://www.regulations.gov by selecting the Docket ID number or via postal mail, commercial delivery, or hand delivery. Please note that comments submitted by fax or email and those submitted after the comment period will not be accepted. Written requests for information or comments submitted by postal mail or delivery should be addressed to the Director of the Information Collection Clearance Division, U.S. Department of Education, 400 Maryland Avenue SW., LBJ, Room 224-82, Washington, DC 20202-4537.

    FOR FURTHER INFORMATION CONTACT:

    For specific questions related to collection activities, please contact Carlos Martinez, 202-260-1440.

    SUPPLEMENTARY INFORMATION:

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

    Title of Collection: Evaluation of the ESSA Title I, Part C, Migrant Education Programs (Recruitment phase).

    OMB Control Number: 1875-NEW.

    Type of Review: A new information collection.

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

    Total Estimated Number of Annual Responses: 920.

    Total Estimated Number of Annual Burden Hours: 707.

    Abstract: The purpose of this study is to examine how state agencies, school districts, local operating agencies, and schools implement education and transition programs for children and youth who are migratory students under the Elementary and Secondary Education Act (ESEA), as amended by the Every Student Succeeds Act (ESSA), Title I, Part C. This is the recruitment phase. The actual evaluation will be submitted in a separate collection at a later date.

    Dated: March 1, 2017. Stephanie Valentine, Acting Director, Information Collection Clearance Division, Office of the Chief Privacy Officer, Office of Management.
    [FR Doc. 2017-04309 Filed 3-3-17; 8:45 am] BILLING CODE 4000-01-P
    DEPARTMENT OF ENERGY Proposed Subsequent Arrangement AGENCY:

    Office of Nonproliferation and Arms Control, Department of Energy.

    ACTION:

    Proposed subsequent arrangement.

    SUMMARY:

    This document is being issued under the authority of the Atomic Energy Act of 1954, as amended. The Department is providing notice of a proposed subsequent arrangement under the Agreement for Cooperation Concerning Peaceful Uses of Nuclear Energy Between the Government of the United States of America and the Government of Ukraine and the Agreement for Cooperation in the Peaceful Uses of Nuclear Energy Between the United States of America and the European Atomic Energy Community.

    DATES:

    This subsequent arrangement will take effect no sooner than March 21, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mr. Richard S. Goorevich, Office of Nonproliferation and Arms Control, National Nuclear Security Administration, Department of Energy. Telephone: 202-586-0589 or email: [email protected]

    SUPPLEMENTARY INFORMATION:

    This subsequent arrangement concerns the retransfer of fuel elements containing 2,644,700 grams of U.S.-origin uranium (106,545 grams U-235), from the Euratom Supply Agency to Ukraine. The material, which is currently located at Westinghouse Electric Sweden in Vasteras, Sweden, will be used for the production of electricity by the National Nuclear Energy Generating Company's (Energoatom) Zaporizhzhya Nuclear Power Plant 1 in Zaporizhzhya Oblast, Ukraine.

    In accordance with section 131a. of the Atomic Energy Act of 1954, as amended, it has been determined that this subsequent arrangement concerning the retransfer of nuclear material of United States origin will not be inimical to the common defense and security of the United States of America.

    Dated: February 28, 2017.

    For the Department of Energy.

    David Huizenga, Acting Deputy Administrator, Defense Nuclear Nonproliferation.
    [FR Doc. 2017-04311 Filed 3-3-17; 8:45 am] BILLING CODE 6450-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff will attend the following meeting related to the Midcontinent Independent System Operator, Inc. (MISO)—PJM Interconnection, L.L.C. (PJM) Joint and Common Market Initiative (Docket No. AD14-3-000):

    MISO/PJM Joint Stakeholder Meeting—February 28, 2017

    The above-referenced meeting will be held at: PJM Valley Forge Campus, Conference and Training Center, 2750 Monroe Blvd., Audubon, PA 19403.

    The above-referenced meeting is open to the public.

    Further information may be found at www.pjm.com.

    The discussions at the meeting described above may address matters at issue in the following proceedings:

    Docket No. EL13-88, Northern Indiana Public Service Company v. Midcontinent Independent System Operator, Inc. and PJM Interconnection, L.L.C. Docket No. ER10-1791, Midwest Independent Transmission System Operator, Inc. Docket Nos. ER13-1937, ER13-1939, Southwest Power Pool, Inc. Docket No. ER14-1736, Midcontinent Independent System Operator, Inc. Docket Nos. EL15-99, EL16-12, Internal MISO Generation v. Midcontinent Independent System Operator, Inc. Docket No. ER17-718, PJM Interconnection, L.L.C. Docket No. ER17-721, Midcontinent Independent System Operator, Inc. Docket No. ER17-729, PJM Interconnection, L.L.C. Docket No. ER17-934, PJM Interconnection, L.L.C. and Midcontinent Independent System Operator, Inc. Docket Nos. EL16-108, EL17-29, Midcontinent Independent System Operator, Inc. Docket Nos. EL17-31, EL17-37, PJM Interconnection, L.L.C.

    For more information, contact Bahaa Seireg, Office of Energy Policy and Innovation, Federal Energy Regulatory Commission at (202) 502-8739 or [email protected]

    Dated: February 27, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04304 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-61-000] Steppe Petroleum USA Inc., Bakken Hunter, LLC; Notice of Application

    Take notice that on February 14, 2017, Steppe Petroleum USA Inc. and Bakken Hunter, LLC, filed a joint application in Docket No. CP17-61-000 under section 3 of the Natural Gas Act (NGA), and part 153 of the Commission's regulations requesting authorization to transfer the NGA section 3 Authorization and Presidential Permit issued to Bakken Hunter, LLC on April 24, 2014 in Docket No. CP14‐24‐000 to Steppe Petroleum USA Inc. This authorization would transfer to Steppe Petroleum USA Inc. the authorization to operate and maintain natural gas pipeline facilities at a point on the International Boundary between the United States of America and Canada in the vicinity of Divide County, North Dakota, and to transfer to Steppe Petroleum USA Inc. the permit to construct, operate and maintain the border crossing facilities, all as more fully set forth in the application which is on file with the Commission and open to public inspection. This filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Any questions regarding this application should be directed to Shaun Robinson, P. Eng, Senior Project Engineer, Polaris Engineering, Ltd. 200, 1120—29th Avenue NE., Calgary, AB, Canada, T2E 7P1 or by calling (403) 736-8024 (telephone) or (403) 263-1387 (fax) [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below, file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 5 copies of filings made with the Commission and must mail a copy to the applicant and to every other party in the proceeding. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: March 17, 2017.

    Dated: February 24, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04217 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

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

    Docket Numbers: ER16-1058-000; EL16-56-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: Midcontinent Independent System Operator, Inc. submits tariff filing per 35.19a(b): Refund Report to be effective N/A.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5113.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER16-791-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: Compliance Filing in ER16-791—Settlement Revenue Distribution Mechanism to be effective 2/1/2016.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5054.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER17-1008-000.

    Applicants: Southern California Edison Company.

    Description: § 205(d) Rate Filing: LGIA Golden Oasis Project SA No. 188 to be effective 2/23/2017.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5091.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER17-1009-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to Service Agreement No. 2934 re: Change of Contact Info to be effective 10/5/2014.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5107.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER17-1010-000.

    Applicants: Power Authority of the State of New York, New York Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: NYPA 205 depreciation rate to comply with settlement to be effective 3/1/2017.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5109.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER17-1011-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4626; Queue No. AA1-135 to be effective 1/23/2017.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5127.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER17-1012-000.

    Applicants: Arizona Public Service Company.

    Description: Tariff Cancellation: Cancellation of Interconnection Operating, Service Agreement No. 174 to be effective 4/24/2017.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5130.

    Comments Due: 5 p.m. ET 3/15/17.

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

    Docket Numbers: RR15-2-005.

    Applicants: North American Electric Reliability Corporation.

    Description: 2016 ERO Enterprise Annual CMEP Report and Petition.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5264.

    Comments Due: 5 p.m. ET 3/14/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 22, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04211 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

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

    Docket Numbers: ER17-107-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: Compliance Filing in ER17-107—Orders 827 and 828 to be effective 9/21/2016.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5220.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-787-001.

    Applicants: Southern California Edison Company.

    Description: Tariff Amendment: Request for Deferral of Action—Notice of Cancellation Ecos Energy, LLC to be effective 12/31/9998.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5103.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-808-001.

    Applicants: Clearview Electric, Inc.

    Description: Tariff Amendment: Amendment to Application for MBR to be effective 1/23/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5214.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-913-001.

    Applicants: Consolidated Edison Company of New York, Inc.

    Description: Tariff Amendment: Amendment PASNY RY 1 filing to be effective 2/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5098.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-934-001.

    Applicants: PJM Interconnection, L.L.C.

    Description: Tariff Amendment: Errata to 2/3/17 Filing of Revisions to MISO-PJM JOA re CTS Eff Date to be effective 10/3/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5225.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1049-000.

    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: ATSI and MAIT submit Interconnection Agreement SA No. 4576 to be effective 2/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5105.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1050-000.

    Applicants: Consolidated Edison Company of New York, Inc.

    Description: § 205(d) Rate Filing: WDS Tariff change RY 1 to be effective 5/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5109.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1051-000.

    Applicants: AEP Texas Inc.

    Description: Baseline eTariff Filing: AEP Texas Inc. RS and SA Tariff Database to be effective 3/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5143.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1052-000.

    Applicants: AEP Texas Inc.

    Description: § 205(d) Rate Filing: AEP TX-SolaireHolman 1 Interconnection Agreement to be effective 3/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5161.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1053-000.

    Applicants: ITC Midwest LLC.

    Description: § 205(d) Rate Filing: Filing of CIAC Agreement with IP&L to be effective 5/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5197.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1054-000.

    Applicants: PSEG Energy Resources & Trade LLC.

    Description: § 205(d) Rate Filing: Cancellation of certain tariff records to be effective 2/28/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5205.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1055-000.

    Applicants: Northern States Power Company, a Minnesota corporation.

    Description: Notice of Cancellation of Interconnection Agreement Rate Schedule No. 496 of Northern States Power Company, a Minnesota corporation.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5212.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1056-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: PSCo-TSGT-JM Shafer-Mtrg-Mod-460-0.0.0 to be effective 2/28/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5215.

    Comments Due: 5 p.m. ET 3/21/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 28, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04286 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG17-70-000.

    Applicants: Blue Summit Storage, LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Blue Summit Storage, LLC.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5134.

    Comments Due: 5 p.m. ET 3/17/17.

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

    Docket Numbers: ER17-338-001.

    Applicants: AEP Generation Resources Inc.

    Description: Compliance filing: Reactive Supply and Voltage Control Amendment_Lightstone Compliance to be effective 1/30/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5076.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-514-001.

    Applicants: Alabama Power Company.

    Description: Compliance filing: Compliance Filing re: Amendment of Southern's Tariff Volume No. 4—ER17-514 to be effective 2/8/2017.

    Filed Date: 2/23/17.

    Accession Number: 20170223-5153.

    Comments Due: 5 p.m. ET 3/16/17.

    Docket Numbers: ER17-822-001.

    Applicants: Luz Solar Partners Ltd., III.

    Description: Tariff Amendment: Amendment to Luz Solar Partners Ltd., III Application for Market-Based Rates to be effective 1/26/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5131.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-907-001.

    Applicants: International Paper Company.

    Description: Tariff Amendment: Amendment to Market Based Rate to be effective 2/1/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5073.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1022-000.

    Applicants: Avista Corporation.

    Description: Tariff Cancellation: Avista Corp Rate Schedule 548 Cancellation to be effective 2/24/2017.

    Filed Date: 2/23/17.

    Accession Number: 20170223-5159.

    Comments Due: 5 p.m. ET 3/16/17.

    Docket Numbers: ER17-1023-000.

    Applicants: Pacific Gas and Electric Company.

    Description: § 205(d) Rate Filing: 8th Amendment to Extend the PGE-SVP Interconnection Agreement to be effective 4/30/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5001.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1024-000.

    Applicants: Southwest Power Pool, Inc.

    Description: § 205(d) Rate Filing: 1154R13 Associated Electric Cooperative NITSA and NOA to be effective 2/1/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5014.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1025-000.

    Applicants: Cedar Point Wind, LLC.

    Description: § 205(d) Rate Filing: TariffShark Re-collation for Cedar Point to be effective 2/24/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5055.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1026-000.

    Applicants: Silver State Solar Power North, LLC.

    Description: § 205(d) Rate Filing: TariffShark Re-collation Filing for Silver State to be effective 2/24/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5057.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1027-000.

    Applicants: New Creek Wind LLC.

    Description: § 205(d) Rate Filing: Re-collation filing for conversion to TariffShark to be effective 2/20/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5058.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1028-000.

    Applicants: Tidal Energy Marketing Inc.

    Description: § 205(d) Rate Filing: Re-collation Filing for Tidal to be effective 2/20/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5059.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1029-000.

    Applicants: MATL LLP.

    Description: § 205(d) Rate Filing: MATL Re-collation filing for Tariff Shark to be effective 2/28/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5066.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1030-000.

    Applicants: Kentucky Utilities Company.

    Description: Tariff Cancellation: KU Notice of Termination of Paris Rate Schedule No. 83 to be effective 4/30/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5069.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1032-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Clean-up of OATT, Sch. 12- Appdx A- Historically correct Form 715 Projects to be effective 1/1/2016.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5081.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1033-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Notice of Cancellation: SA 759, Agreement with Tessenderlo Kerley Services to be effective 2/27/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5127.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1034-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-02-24_Coordinated Transaction Scheduling True-Up Filing to be effective 10/3/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5129.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1035-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Notice of Cancellation: SA 743, Agreement with Montana Environmental Trust Group to be effective 2/27/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5130.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1036-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff Cancellation: Notice of Cancellation: SA 778, EP&C with Project Spokane, LLC to be effective 2/27/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5132.

    Comments Due: 5 p.m. ET 3/17/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 24, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04215 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. RM98-1-000] Records Governing Off-the-Record Communications; Public Notice

    This constitutes notice, in accordance with 18 CFR 385.2201(b), of the receipt of prohibited and exempt off-the-record communications.

    Order No. 607 (64 FR 51222, September 22, 1999) requires Commission decisional employees, who make or receive a prohibited or exempt off-the-record communication relevant to the merits of a contested proceeding, to deliver to the Secretary of the Commission, a copy of the communication, if written, or a summary of the substance of any oral communication.

    Prohibited communications are included in a public, non-decisional file associated with, but not a part of, the decisional record of the proceeding. Unless the Commission determines that the prohibited communication and any responses thereto should become a part of the decisional record, the prohibited off-the-record communication will not be considered by the Commission in reaching its decision. Parties to a proceeding may seek the opportunity to respond to any facts or contentions made in a prohibited off-the-record communication, and may request that the Commission place the prohibited communication and responses thereto in the decisional record. The Commission will grant such a request only when it determines that fairness so requires. Any person identified below as having made a prohibited off-the-record communication shall serve the document on all parties listed on the official service list for the applicable proceeding in accordance with Rule 2010, 18 CFR 385.2010.

    Exempt off-the-record communications are included in the decisional record of the proceeding, unless the communication was with a cooperating agency as described by 40 CFR 1501.6, made under 18 CFR 385.2201(e)(1)(v).

    The following is a list of off-the-record communications recently received by the Secretary of the Commission. The communications listed are grouped by docket numbers in ascending order. These filings are available for electronic review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the eLibrary link. Enter the docket number, excluding the last three digits, in the docket number field to access the document. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659.

    Docket No. File date Presenter or requester Prohibited: 1. P-1256-031 2-7-2017 Loup Power District. Exempt: 1. CP16-22-000 2-6-2017 U.S. House Representative Robert E. Latta. 2. P-12635-002 2-6-2017 FERC Staff.1 3. CP14-497-000 2-8-2017 Tompkins County, NY Legislator Carol Chock. 4. CP16-121-000 2-9-2017 FERC Staff.2 5. CP15-138-000 2-10-2017 U.S. House Representative Bonnie Watson Coleman. 6. CP16-10-000 2-10-2017 U.S. House Representative Bob Goodlatte. 7. CP17-28-000 2-13-2017 FERC Staff.3 8. CP16-487-000 2-15-2017 FERC Staff.4 9. P-13102-000 2-16-2017 FERC Staff.5 1 Email correspondence memo forwarding December 9, 2016 email from James Besha of Albany Engineering Corporation. 2 Memorandum for February 8, 2017 conference with PHMSA, Field Point, and FERC staff. 3 Telephone call record for February 7, 2017 call with Brian Scofield from U.S. Fish and Wildlife Service, Pennsylvania Field Office. 4 Telephone memo for February 10, 2017 call with Andrew Horton from Twin Cities Ecological Services Field Office, U.S. Fish and Wildlife Service. 5 Summary of technical meeting for January 23, 2017 meeting with U.S. Army Corps, Birch Power Company, and FERC staff. Dated: February 22, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04213 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ID-8117-000] Perkins, Zac; Notice of Filing

    Take notice that on February 28, 2017, Zac Perkins filed a application for authorization to hold interlocking positions, pursuant to section 305(b) of the Federal Power Act, 16 U.S.C. 825d(b) (2012) and section 45.8 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR 45.8 (2016).

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426.

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for electronic review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern Time on March 21, 2017.

    Dated: February 28, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04288 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

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

    Docket Numbers: EC17-84-000.

    Applicants: Innovative Solar 37, LLC.

    Description: Application of Innovative Solar 37, LLC for Authorization Under Section 203 of the Federal Power Act and Confidential Treatment.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5172.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: EC17-85-000.

    Applicants: Entergy New Orleans, Inc.

    Description: Application for Approval under Section 203 of the Federal Power Act of Entergy New Orleans, Inc.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5175.

    Comments Due: 5 p.m. ET 3/17/17.

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

    Docket Numbers: ER10-2331-064; ER10-2319-055; ER10-2317-055; ER13-1351-037; ER10-2330-062.

    Applicants: J.P. Morgan Ventures Energy Corporation, BE Alabama LLC, BE CA LLC, Florida Power Development LLC, Utility Contract Funding, L.L.C.

    Description: Notice of Non-Material Change in Status of the J.P. Morgan Sellers.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5170.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER15-794-003.

    Applicants: Catalyst Paper Operations Inc.

    Description: Notice of Change in Status of Catalyst Paper Operations Inc.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5168.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER16-453-006.

    Applicants: Northeast Transmission Development, LLC.

    Description: Compliance Filing [including unpopulated, Pro Forma version of Attachments H-27A and H-27B] of Northeast Transmission Development, LLC.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5173.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1037-000.

    Applicants: Innovative Solar 37, LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 4/26/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5158.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1038-000.

    Applicants: The Connecticut Light and Power Company.

    Description: § 205(d) Rate Filing: Two Party Interconnection Agreement with Covanta Southeastern CT Co. to be effective 2/18/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5163.

    Comments Due: 5 p.m. ET 3/17/17.

    Docket Numbers: ER17-1039-000.

    Applicants: PacifiCorp.

    Description: § 205(d) Rate Filing: BPA General Transfer Agreement (West) Rev 8 to be effective 4/25/2017.

    Filed Date: 2/24/17.

    Accession Number: 20170224-5167.

    Comments Due: 5 p.m. ET 3/17/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 27, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04216 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Availability of the Draft Environmental Impact Statement for the Proposed Mountaineer Xpress and Gulf Xpress Projects Docket No. Columbia Gas Transmission, LLC CP16-357-000 Columbia Gulf Transmission, LLC CP16-361-000

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) has prepared a draft environmental impact statement (EIS) for the Mountaineer XPress Project (MXP), proposed by Columbia Gas Transmission, LLC (Columbia Gas), and the Gulf XPress Project (GXP), proposed by Columbia Gulf Transmission, LLC (Columbia Gulf), in the above-referenced dockets. Columbia Gas requests authorization to construct and operate a total of 170.7 miles of natural gas transmission pipeline and ancillary facilities in West Virginia, and to modify one existing compressor station and two pending compressor stations. The MXP would provide about 2,700,000 dekatherms per day (Dth/d) of available capacity for transport to Columbia Gas' TCO Pool for delivery to markets across Columbia Pipeline Group's system, including the Columbia Gulf Leach interconnect with Columbia Gulf. Columbia Gulf requests authorization to construct and operate seven new natural gas-fired compressor stations and to upgrade a pending compressor station and one existing meter station in Kentucky, Tennessee, and Mississippi. The GXP would provide about 860,000 Dth/d of natural gas delivery to markets in the Gulf Coast region.

    The draft EIS assesses the potential environmental effects of the construction and operation of the MXP and GXP in accordance with the requirements of the National Environmental Policy Act (NEPA). The FERC staff concludes that approval of the proposed projects would result in some adverse and significant environmental impacts. However, if the projects are constructed and operated in accordance with applicable laws and regulations, the mitigation measures discussed in this EIS, and our recommendations, these impacts would be reduced to acceptable levels.

    The U.S. Environmental Protection Agency (EPA), U.S. Army Corps of Engineers (USACE), West Virginia Division of Natural Resources (WVDNR), and West Virginia Department of Environmental Protection (WVDEP) participated as cooperating agencies in the preparation of the EIS. Cooperating agencies have jurisdiction by law or special expertise with respect to resources potentially affected by the proposal and participate in the NEPA analysis. The USACE will adopt and use the EIS to comply with the requirements of NEPA before issuing permits for the projects under section 404 of the Clean Water Act, which governs the discharge of dredged or fill material into waters of the United States (including wetlands). Although the cooperating agencies provided input to the conclusions and recommendations presented in the draft EIS, the agencies will present their own conclusions and recommendations in their respective records of decision (where applicable) for the projects.

    The draft EIS addresses the potential environmental effects of the construction and operation in West Virginia of the following MXP facilities:

    • About 164.3 miles of new 36-inch-diameter natural gas pipeline from Marshall County to Cabell County;

    • about 5.9 miles of new 24-inch-diameter natural gas pipeline in Doddridge County;

    • three new compressor stations in Doddridge, Calhoun, and Jackson Counties;

    • two new regulating stations in Ripley and Cabell Counties;

    • about 296 feet of new, 10-inch-diameter natural gas pipeline at the Ripley Regulator Station to tie Columbia Gas' existing X59M1 pipeline into the MXP-100 pipeline in Jackson County;

    • an approximately 0.4-mile-long replacement segment of 30-inch-diameter natural gas pipeline in Cabell County; and

    • upgrades to one existing compressor station (Wayne County) and two compressor stations (Marshall and Kanawha Counties) either approved or pending under separate FERC proceedings.

    The draft EIS also addresses the potential environmental effects of the construction and operation of the following GXP facilities:

    • Seven new compressor stations in Kentucky (Rowan, Garrard, and Metcalfe Counties), Tennessee (Davidson and Wayne Counties), and Mississippi (Union and Granada Counties);

    • upgrades to one pending compressor station in Carter County, Kentucky; and

    • upgrades at one existing meter station in Boyd County, Kentucky.

    The FERC staff mailed copies of the draft EIS to federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American tribes; potentially affected landowners and other interested individuals and groups; and newspapers and libraries in the project areas. Paper copy versions of this EIS were mailed to those specifically requesting them; all others received a CD version. In addition, the draft EIS is available for public viewing on the FERC's Web site (www.ferc.gov) using the eLibrary link. A limited number of copies are available for distribution and public inspection at: Federal Energy Regulatory Commission, Public Reference Room, 888 First Street NE., Room 2A, Washington, DC 20426, (202) 502-8371.

    Any person wishing to comment on the draft EIS may do so. To ensure consideration of your comments on the proposal in the final EIS, it is important that the Commission receive your comments on or before April 24, 2017.

    For your convenience, there are four methods you can use to submit your comments to the Commission. The Commission will provide equal consideration to all comments received, whether filed in written form or provided verbally. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected] Please carefully follow these instructions so that your comments are properly recorded.

    (1) You can file your comments electronically using the eComment feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for submitting brief, text-only comments on a project;

    (2) You can file your comments electronically by using the eFiling feature on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” If you are filing a comment on a particular project, please select “Comment on a Filing” as the filing type; or

    (3) You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    (4) In lieu of sending written or electronic comments, the Commission invites you to attend one of the public comment sessions its staff will conduct in the project areas to receive comments on the draft EIS. The sessions are scheduled as shown below.

    Date and time Location Monday, March 20, 2017, 5:00-9:00 p.m Sleepy Hollow Golf & Country Club, 3780 Sleepy Hollow Drive, Hurricane, WV 25526, (304) 757-9416. Tuesday, March 21, 2017, 5:00-9:00 p.m Ripley High School, 2 School Street, Ripley, WV 25271, (304) 372-7355. Wednesday, March 22, 2017, 5:00-9:00 p.m Doddridge County Park Meeting Facility, 1252 Snowbird Road, West Union, WV 26456, (304) 873-1663. Thursday, March 23, 2017, 5:00-9:00 p.m New Martinsville City Hall, 195 Main Street, New Martinsville, WV 26155, (304) 455-9120. Tuesday, March 28, 2017, 5:00-9:00 p.m Cane Ridge High School, 12848 Old Hickory Boulevard, Antioch, TN 37013, (615) 687-4000.

    The primary goal of these comment sessions is to provide the public with another method for identifying specific environmental issues and concerns with the draft EIS. Individual verbal comments will be taken on a one-on-one basis with a court reporter. This format is designed to receive the maximum amount of verbal comments in a convenient way during the timeframe allotted.

    Each comment session is scheduled from 5:00 p.m. to 9:00 p.m. (local time). There will not be a formal presentation by Commission staff when the session opens. If you wish to speak, the Commission staff will hand out numbers in the order of your arrival; distribution of numbers will be discontinued at 8:00 p.m. in order to ensure all comments are received by the session closing time. However, if no additional numbers have been handed out and all individuals who wish to provide comments have had an opportunity to do so, staff may conclude the session at 8:00 p.m., or after the last comment is taken. Please see appendix 1 for additional information on the session format and conduct.1

    1 The appendices referenced in this notice will not appear in the Federal Register. Copies of the appendices were sent to all those receiving this notice in the mail and are available at www.ferc.gov using the link called “eLibrary” or from the Commission's Public Reference Room, 888 First Street NE., Washington, DC 20426, or call (202) 502-8371. For instructions on connecting to eLibrary, refer to the last page of this notice.

    Your verbal comments will be recorded by the court reporter (with FERC staff or representative present) and become part of the public record for this proceeding. Transcripts will be publicly available on FERC's eLibrary system (see below for instructions on using eLibrary). If a significant number of people are interested in providing verbal comments in the one-on-one settings, a time limit of 3 to 5 minutes may be implemented for each commentor.

    It is important to note that verbal comments hold the same weight as written or electronically submitted comments. Although there will not be a formal presentation, Commission staff will be available throughout the comment session to answer your questions about the FERC environmental review process.

    Any person seeking to become a party to the proceeding must file a motion to intervene pursuant to Rule 214 of the Commission's Rules of Practice and Procedures (18 CFR 385.214).2 Only intervenors have the right to seek rehearing of the Commission's decision. The Commission grants affected landowners and others with environmental concerns intervenor status upon showing good cause by stating that they have a clear and direct interest in this proceeding which no other party can adequately represent. Simply filing environmental comments will not give you intervenor status, but you do not need intervenor status to have your comments considered.

    2 See the previous discussion on the methods for filing comments.

    Questions?

    Additional information about the projects is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search,” and enter the docket number excluding the last three digits in the Docket Number field (i.e., CP16-357 and CP16-361). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676; for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription that allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of these filings, document summaries, and direct links to the documents. Go to www.ferc.gov/docs-filing/esubscription.asp.

    Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04303 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-1037-000] Innovative Solar 37, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of Innovative Solar 37, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is March 20, 2017.

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

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

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

    Dated: February 28, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04287 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. OR17-7-000] MPLX Ozark Pipe Line LLC; Notice of Petiton for Declaratory Order

    Take notice that on February 15, 2017, pursuant to Rule 207(a)(2) of the Commission's Rules of Practice and Procedure, 18 CFR 385.207(a)(2)(2016), MPLX Ozark Pipe Line LLC filed a petition requesting a declaratory order approving the overall rate structure and terms of service, including priority service, for an expansion of the Ozark Pipeline, a crude oil pipeline that runs from Cushing, Oklahoma to Wood River, Illinois (Ozark Expansion Project), all as more fully explained in the petition.

    Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. Anyone filing a motion to intervene or protest must serve a copy of that document on the Petitioner.

    The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426

    This filing is accessible on-line at http://www.ferc.gov, using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please email [email protected], or call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Comment Date: 5:00 p.m. Eastern time on March 15, 2017.

    Dated: February 22, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04212 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Notice of Commission Staff Attendance

    The Federal Energy Regulatory Commission (Commission) hereby gives notice that members of the Commission's staff may attend the following meetings related to the transmission planning activities of the New York Independent System Operator, Inc. (NYISO):

    NYISO Electric System Planning Working Group Meeting March 7, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-03-07.

    NYISO Business Issues Committee Meeting March 14, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic&directory=2017-03-14.

    NYISO Operating Committee Meeting March 16, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=oc&directory=2017-03-16.

    NYISO Electric System Planning Working Group Meeting March 23, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=bic_espwg&directory=2017-03-23.

    NYISO Management Committee Meeting March 29, 2017, 10:00 a.m.-4:00 p.m. (EST)

    The above-referenced meeting will be via web conference and teleconference.

    The above-referenced meeting is open to stakeholders.

    Further information may be found at: http://www.nyiso.com/public/committees/documents.jsp?com=mc&directory=2017-03-29.

    The discussions at the meetings described above may address matters at issue in the following proceedings:

    New York Independent System Operator, Inc., Docket No. ER13-102.

    New York Independent System Operator, Inc., Docket No. ER15-2059.

    New York Transco, LLC, Docket No. ER15-572.

    For more information, contact James Eason, Office of Energy Market Regulation, Federal Energy Regulatory Commission at (202) 502-8622 or [email protected]

    Dated: February 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04305 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report Filings:

    Filings Instituting Proceedings

    Docket Number: PR17-27-000.

    Applicants: NorthWestern Corporation.

    Description: Tariff filing per 284.123(b),(e)/: Revised Rate Schedules for Transportation and Storage Service (MPSC Tax Tracker) to be effective 1/1/2017; Filing Type: 980.

    Filed Date: 2/21/17.

    Accession Number: 201702215020.

    Comments/Protests Due: 5 p.m. ET 3/14/17.

    Docket Numbers: RP17-405-000.

    Applicants: Questar Pipeline, LLC.

    Description: § 4(d) Rate Filing: Statement of Negotiated Rates Version 12.1.0 to be effective 3/20/2017.

    Filed Date: 2/17/17.

    Accession Number: 20170217-5011.

    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-406-000.

    Applicants: Empire Pipeline, Inc.

    Description: § 4(d) Rate Filing: Fuel Tracker 2017-Empire GTC 23.6 to be effective 4/1/2017.

    Filed Date: 2/17/17.

    Accession Number: 20170217-5083.

    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-407-000.

    Applicants: National Fuel Gas Supply Corporation.

    Description: § 4(d) Rate Filing: Fuel Tracker-Supply (Effective 04/01/17) to be effective 4/1/2017.

    Filed Date: 2/17/17.

    Accession Number: 20170217-5100.

    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: RP17-408-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Compliance filing TETLP OFO 2017 Penalty Disbursement Report to be effective N/A.

    Filed Date: 2/17/17.

    Accession Number: 20170217-5157.

    Comments Due: 5 p.m. ET 3/1/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and § 385.214) on or before 5:00 p.m. Eastern time on the specified date(s). Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 27, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04214 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

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

    Docket Numbers: ER10-2835-007.

    Applicants: Google Energy LLC.

    Description: Notice of Change in Status of Google Energy LLC.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5216.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-194-001.

    Applicants: Hartree Partners, LP.

    Description: Notice of Change in Status of Hartree Partners, LP.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5234.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-569-000.

    Applicants: National Choice Energy LLC.

    Description: Supplement to December 16, 2016 National Choice Energy LLC tariff filing.

    Filed Date: 2/8/17.

    Accession Number: 20170208-5078.

    Comments Due: 5 p.m. ET 3/1/17.

    Docket Numbers: ER17-569-000.

    Applicants: National Choice Energy LLC.

    Description: Second Supplement to December 16, 2016 National Choice Energy LLC tariff filing (Asset Appendix).

    Filed Date: 2/10/17.

    Accession Number: 20170210-5188.

    Comments Due: 5 p.m. ET 3/3/17.

    Docket Numbers: ER17-569-000.

    Applicants: National Choice Energy LLC.

    Description: Amendment to December 16, 2016 National Choice Energy LLC tariff filing.

    Filed Date: 2/15/17.

    Accession Number: 20170215-5077.

    Comments Due: 5 p.m. ET 3/8/17.

    Docket Numbers: ER17-867-000.

    Applicants: Black Oak Wind, LLC.

    Description: § 205(d) Rate Filing: Notice of Non-Material Change in Status of Black Oak Wind, LLC to be effective 3/28/2017.

    Filed Date: 1/27/17.

    Accession Number: 20170127-5139.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1040-000.

    Applicants: ITC Interconnection LLC.

    Description: § 205(d) Rate Filing: Amendments to Facilities Reimbursement Agreement to be effective 4/29/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5081.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1046-000.

    Applicants: South Central MCN LLC.

    Description: Compliance filing: SCMCN Compliance Filing to be effective 12/31/9998.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5188.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1047-000.

    Applicants: Sierra Pacific Power Company.

    Description: Notice of Cancellation of General Transfer Agreement Rate Schedule No. 17 of Sierra Pacific Power Company.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5215.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1048-000.

    Applicants: New England Power Pool Participants Committee.

    Description: § 205(d) Rate Filing: Mar 2017 Membership Filing to be effective 3/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5079.

    Comments Due: 5 p.m. ET 3/21/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 28, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04285 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. ER17-962-000] MS Solar 2, LLC; Supplemental Notice That Initial Market-Based Rate Filing Includes Request for Blanket Section 204 Authorization

    This is a supplemental notice in the above-referenced proceeding of MS Solar 2, LLC's application for market-based rate authority, with an accompanying rate tariff, noting that such application includes a request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability.

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

    Notice is hereby given that the deadline for filing protests with regard to the applicant's request for blanket authorization, under 18 CFR part 34, of future issuances of securities and assumptions of liability, is March 16, 2017.

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

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

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

    Dated: February 24, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04218 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-60-000] Guthrie Natural Gas; Notice of Application

    Take notice that on February 13, 2017, Guthrie Natural Gas (Guthrie), 110 Kendall St., Guthrie, Kentucky 42234, filed an application pursuant to section 7(f) of the Natural Gas Act (NGA) requesting a service area determination within which it may enlarge or expand its natural gas distribution facilities without further Commission authorization. Guthrie also requests a determination that it qualifies as a local distribution company for purposes of section 311 of the Natural Gas Policy Act of 1978 (NGPA) and a waiver of all accounting and reporting requirements and other regulatory requirements ordinarily applicable to natural gas companies under the NGA and the NGPA, all as more fully described in the application which is on file with the Commission and open to public inspection. The filing may also be viewed on the web at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC at [email protected] or call toll-free, (866) 208-3676 or TTY, (202) 502-8659.

    Any questions regarding this application should be directed to Dwight Luton, Kentucky Energy Systems, LLC, P.O. Box 632, Guthrie, Kentucky 42234, or call (931) 624-3677, or by email [email protected]

    Pursuant to section 157.9 of the Commission's rules, 18 CFR 157.9, within 90 days of this Notice the Commission staff will either: Complete its environmental assessment (EA) and place it into the Commission's public record (eLibrary) for this proceeding; or issue a Notice of Schedule for Environmental Review. If a Notice of Schedule for Environmental Review is issued, it will indicate, among other milestones, the anticipated date for the Commission staff's issuance of the final environmental impact statement (FEIS) or EA for this proposal. The filing of the EA in the Commission's public record for this proceeding or the issuance of a Notice of Schedule for Environmental Review will serve to notify federal and state agencies of the timing for the completion of all necessary reviews, and the subsequent need to complete all federal authorizations within 90 days of the date of issuance of the Commission staff's FEIS or EA.

    There are two ways to become involved in the Commission's review of this project. First, any person wishing to obtain legal status by becoming a party to the proceedings for this project should, on or before the comment date stated below file with the Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, a motion to intervene in accordance with the requirements of the Commission's Rules of Practice and Procedure (18 CFR 385.214 or 385.211) and the Regulations under the NGA (18 CFR 157.10). A person obtaining party status will be placed on the service list maintained by the Secretary of the Commission and will receive copies of all documents filed by the applicant and by all other parties. A party must submit 7 copies of filings made in the proceeding with the Commission and must mail a copy to the applicant and to every other party. Only parties to the proceeding can ask for court review of Commission orders in the proceeding.

    However, a person does not have to intervene in order to have comments considered. The second way to participate is by filing with the Secretary of the Commission, as soon as possible, an original and two copies of comments in support of or in opposition to this project. The Commission will consider these comments in determining the appropriate action to be taken, but the filing of a comment alone will not serve to make the filer a party to the proceeding. The Commission's rules require that persons filing comments in opposition to the project provide copies of their protests only to the party or parties directly involved in the protest.

    Persons who wish to comment only on the environmental review of this project should submit an original and two copies of their comments to the Secretary of the Commission. Environmental commentors will be placed on the Commission's environmental mailing list, will receive copies of the environmental documents, and will be notified of meetings associated with the Commission's environmental review process. Environmental commentors will not be required to serve copies of filed documents on all other parties. However, the non-party commentors will not receive copies of all documents filed by other parties or issued by the Commission (except for the mailing of environmental documents issued by the Commission) and will not have the right to seek court review of the Commission's final order.

    The Commission strongly encourages electronic filings of comments, protests and interventions in lieu of paper using the “eFiling” link at http://www.ferc.gov. Persons unable to file electronically should submit an original and 5 copies of the protest or intervention to the Federal Energy regulatory Commission, 888 First Street NE., Washington, DC 20426.

    Comment Date: 5:00 p.m. Eastern Time on March 21, 2017.

    Dated: February 28, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04306 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1

    Take notice that the Commission received the following exempt wholesale generator filings:

    Docket Numbers: EG17-69-000.

    Applicants: Paulding Wind Farm IV LLC.

    Description: Notice of Self-Certification of Exempt Wholesale Generator Status of Paulding Wind Farm IV LLC.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5251.

    Comments Due: 5 p.m. ET 3/14/17.

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

    Docket Numbers: ER13-2483-002.

    Applicants: Old Dominion Electric Cooperative.

    Description: Compliance filing: Opinion No. 553 Compliance Filing to be effective 1/1/2014.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5274.

    Comments Due: 5 p.m. ET 3/14/17.

    Docket Numbers: ER16-791-001.

    Applicants: Southwest Power Pool, Inc.

    Description: Compliance filing: Compliance Filing in ER16-791—Settlement Revenue Distribution Mechanism to be effective 2/1/2016.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5054.

    Comments Due: 5 p.m. ET 3/15/17.

    Docket Numbers: ER16-2561-001.

    Applicants: Sunflower Wind Project, LLC.

    Description: Notice of Non-Material Change in Status of Sunflower Wind Project, LLC.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5294.

    Comments Due: 5 p.m. ET 3/14/17.

    Docket Numbers: ER17-1006-000.

    Applicants: AEP Generating Company.

    Description: Notice of Termination of Unit Power Sales Agreement for Lawrenceburg Facility of AEP Generating Company.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5292.

    Comments Due: 5 p.m. ET 3/14/17.

    Docket Numbers: ER17-1007-000.

    Applicants: Duke Energy Florida, LLC.

    Description: Tariff Cancellation: Termination of RS No. 217 DEF-Phillips Plant Operating Agreement to be effective 2/23/2017.

    Filed Date: 2/22/17.

    Accession Number: 20170222-5053.

    Comments Due: 5 p.m. ET 3/15/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 22, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04210 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

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

    Docket Numbers: ER17-424-002.

    Applicants: Footprint Power Salem Harbor Development.

    Description: Notice of Non-Material Change in Status of Footprint Power Salem Harbor Development LP.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5077.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-764-001; ER17-765-001; ER17-766-001; ER17-767-001; ER17-768-001; ER17-769-001; ER11-2175-001; ER12-224-002; ER11-3188-001; ER12-225-002; ER12-2301-001; ER10-1750-002.

    Applicants: Stream Ohio Gas & Electric, LLC, Stream Energy Columbia, LLC, Stream Energy Connecticut, LLC, Stream Energy Delaware, LLC, Stream Energy Illinois, LLC, Stream Energy Indiana, LLC, Stream Energy Maryland, LLC, Stream Energy Massachusetts, LLC, Stream Energy New Jersey, LLC, Stream Energy New York, LLC, Stream Energy Pennsylvania, LLC, SGE Energy Sourcing, LLC.

    Description: Non-Material Change in Status of Stream Ohio Gas & Electric, LLC, et. al.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5054.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-823-001.

    Applicants: Luz Solar Partners Ltd., IV.

    Description: Tariff Amendment: Amendment to Luz Solar Partners Ltd., IV Application for Market-Based Rates to be effective 1/31/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5086.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1031-000.

    Applicants: Emera Energy Services Subsidiary No. 6 LLC.

    Description: Request for Waiver and Shortened Comment Period of Emera Energy Services Subsidiary No. 6 LLC.

    Filed Date: 2/23/17.

    Accession Number: 20170223-5217.

    Comments Due: 5 p.m. ET 3/16/17.

    Docket Numbers: ER17-1041-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4630; Queue No. AB2-024 to be effective 1/26/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5083.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1042-000.

    Applicants: Duke Energy Carolinas, LLC.

    Description: § 205(d) Rate Filing: DEC-Central Electric Revised RS No. 336 to be effective 1/1/2016.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5084.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1043-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Original Service Agreement No. 4631; Queue No. AB2-025 to be effective 1/26/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5087.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1044-000.

    Applicants: NorthWestern Corporation.

    Description: § 205(d) Rate Filing: SA 804—Agreement with Montana DOT re Fox Farm Road to be effective 5/1/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5131.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER17-1045-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Queue Position AB2-026, Original Service Agreement No. 4643 to be effective 1/26/2017.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5149.

    Comments Due: 5 p.m. ET 3/20/17.

    The filings are accessible in the Commission's eLibrary system by clicking on the links or querying the docket number.

    Any person desiring to intervene or protest in any of the above proceedings must file in accordance with Rules 211 and 214 of the Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00 p.m. Eastern time on the specified comment date. Protests may be considered, but intervention is necessary to become a party to the proceeding.

    eFiling is encouraged. More detailed information relating to filing requirements, interventions, protests, service, and qualifying facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call (866) 208-3676 (toll free). For TTY, call (202) 502-8659.

    Dated: February 27, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04219 Filed 3-3-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OAR-2014-0471; FRL-9959-70-OAR] RIN 2060-AS26 Granting Petitions To Add n-Propyl Bromide to the List of Hazardous Air Pollutants AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice, extension of comment period.

    SUMMARY:

    On January 9, 2017, the Environmental Protection Agency (EPA) published a draft notice of the rationale for granting petitions to add n-propyl bromide (nPB), also known as 1-bromopropane (1-BP) (Chemical Abstract Service No. 106-94-5), to the list of hazardous air pollutants contained in section 112(b)(1) of the Clean Air Act. The EPA is extending the comment period on the draft notice that was scheduled to close on March 10, 2017, by 90 days until June 8, 2017. The EPA is making this interim extension as an initial response to allow adequate consideration of a request to extend the comment period by more than 6 months.

    DATES:

    The public comment period for the proposed rule published in the Federal Register on January 9, 2017 (82 FR 2354), is being extended. Written comments must be received on or before June 8, 2017.

    ADDRESSES:

    Comments. Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2014-0471, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    For questions about this proposed action, contact Ms. Elineth Torres, Sector Policies and Programs Division (D205-02), Office of Air Quality Planning and Standards, Environmental Protection Agency, Research Triangle Park, North Carolina 27711; telephone number: (919) 541-4347; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    To allow for adequate consideration of the request for extension of time, the EPA has decided to extend the public comment period until June 8, 2017.

    Dated: February 17, 2017. Stephen Page, Director, Office of Air Quality Planning and Standards.
    [FR Doc. 2017-04168 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2017-0002; FRL-9959-36] Risk Evaluation Scoping Efforts Under TSCA for Ten Chemical Substances; Reopening of Comment Period AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice; Reopening of comment period.

    SUMMARY:

    EPA issued a notice in the Federal Register on January 19, 2017, concerning a February 14, 2017 public meeting and solicitation of comments to receive input and information to assist the Agency in its efforts to establish the scope of risk evaluations under development for the ten chemicals substances designated on December 19, 2016 for risk evaluations. The comment period closed on March 1, 2017. This document reopens the comment period related to the public meeting and for dockets for each of the ten chemical substances for which risk evaluations have begun for 14 days, from March 1, 2017, to March 15, 2017. EPA is reopening the comment period in response to a request from the interested public.

    DATES:

    Comments, identified by the chemical-specific dockets referenced in section IV.C. of the January 19, 2017 meeting notice, must be received by March 15, 2017.

    ADDRESSES:

    Follow the detailed instructions provided under ADDRESSES in the Federal Register document of January 19, 2017 (82 FR 6545) (FRL-9958-33).

    FOR FURTHER INFORMATION CONTACT:

    For technical information contact: Sheila Canavan, Chemical Control Division (7405M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 566-1978; email address: [email protected]

    For general information contact: The TSCA-Hotline, ABVI-Goodwill, 422 South Clinton Ave., Rochester, NY 14620; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    This document reopens the public comment period established in the Federal Register document of January 19, 2017. In that document, EPA announced a February 14, 2017 public meeting and solicitation of comments to receive input and information to assist the Agency in its efforts to establish the scope of risk evaluations under development for the ten chemicals substances designated on December 19, 2016 for risk evaluations. EPA is hereby reopening the comment period for that meeting and for each of the ten chemical substances for which risk evaluations have begun from March 1, 2017, to March 15, 2017.

    To submit comments, or access the docket, please follow the detailed instructions provided under ADDRESSES in the Federal Register document of January 19, 2017. If you have questions, consult the technical person listed under FOR FURTHER INFORMATION CONTACT.

    Authority:

    15 U.S.C. 2605.

    Dated: February 28, 2017. Wendy Cleland-Hamnett, Acting Assistant Administrator, Office of Chemical Safety and Pollution Prevention.
    [FR Doc. 2017-04316 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2015-0744; FRL-9959-64-OEI] Agency Information Collection Activities; Request to Renew OMB Control No. 2070-0046 (EPA ICR No. 0794.16) Submitted to OMB for Review and Approval; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Notification of Substantial Risk of Injury to Health and the Environment under TSCA Sec. 8(e)” and identified by EPA ICR No. 0794.16, OMB Control No. 2070-0046. This is a request to renew the approval of an existing ICR, which is currently approved through February 28, 2017. EPA has addressed the comments received in response to the previously provided public review opportunity issued in the Federal Register of July 5, 2016, (81 FR 43601). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before April 5, 2017.

    ADDRESSES:

    Submit your comments, identified by Docket ID number EPA-HQ-OPPT-2015-0744, to both EPA and OMB as follows:

    • To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460, and

    • To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the public docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Colby Lintner, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on February 28, 2017. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: Section 8(e) of the Toxic Substances Control Act (TSCA) requires that any person who manufactures, imports, processes or distributes in commerce a chemical substance or mixture and which obtains information that reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment must immediately inform EPA of such information. EPA routinely disseminates TSCA section 8(e) data it receives to other federal agencies to provide information about newly discovered chemical hazards and risks. This information collection refers to the reporting requirement described above.

    Form Numbers: None.

    Respondents/affected entities: Entities potentially affected by this ICR are companies that manufacture, process, import or distribute in commerce a chemical substance or mixture, and that obtain information that reasonably supports the conclusion that such substance or mixture presents a substantial risk of injury to health or the environment.

    Respondent's obligation to respond: Mandatory (see 15 U.S.C. 2607(e)).

    Estimated number of respondents: 65 (total).

    Frequency of response: On occasion.

    Total estimated burden: 21,412 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Total estimated cost: $1,650,068 (per year), includes $0 annualized capital investment or maintenance and operational costs.

    Changes in the estimates: There is an increase of 2,894 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects EPA's revised estimates of the number of TSCA sec. 8(e) initial submissions. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2017-04166 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OW-2016-0686; FRL-9959-40-OW] Extension of Comment Period To Review Materials To Inform the Derivation of a Water Concentration Value for Lead in Drinking Water AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice of extension of public comment period.

    SUMMARY:

    The U.S. Environmental Protection Agency (EPA) is extending the comment period to “Review Materials to Inform the Derivation of a Water Concentration Value for Lead in Drinking Water.” In response to a stakeholder request, EPA is extending the comment period for an additional 30 days, from March 6, 2017, to April 5, 2017.

    DATES:

    The comment period announced in the notice that was published on January 19, 2017 (82 FR 6546), is extended. Comments must be received on or before April 5, 2017.

    ADDRESSES:

    Submit your comments on the draft lead modeling report and draft peer review panel charge questions, identified by Docket ID No. EPA-HQ-OW-2016-0686, to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or withdrawn. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment content located outside of the primary submission (i.e., on the Web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.

    FOR FURTHER INFORMATION CONTACT:

    Erik Helm at the EPA, Office of Ground Water and Drinking Water (Mail Code 4607M), 1200 Pennsylvania Avenue NW., Washington, DC 20460; by phone: 202-566-1049; or by email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On January 19, 2017, EPA released materials for public comment that relate to the expert external peer review of documents intended to support the EPA's Safe Drinking Water Act assessment of lead in drinking water. The notice specified that the public comment period would end on March 6, 2017, 45 days after publication in the Federal Register. On February 2, 2017, EPA received a request from the American Water Works Association to extend the comment period in order to have more time to evaluate the analysis and provide informative comments. EPA is extending the deadline for written comments on the draft lead modeling report and draft peer review panel charge questions for an additional 30 days, from March 6, 2017, to April 5, 2017. Please note, this notice does not extend the public comment period for nominations of peer review candidates. The deadline for nominating peer review candidates remains at February 21, 2017.

    Dated: February 8, 2017. Peter Grevatt, Director, Office of Ground Water and Drinking Water.
    [FR Doc. 2017-03466 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPPT-2016-0111; FRL-9959-71-OEI] Agency Information Collection Activities; Safer Choice Logo Redesign Consultations; Submitted to OMB for Review and Approval; Comment Request AGENCY:

    Environmental Protection Agency (EPA).

    ACTION:

    Notice.

    SUMMARY:

    EPA has submitted the following information collection request (ICR) to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act (PRA): “Safer Choice Logo Redesign Consultations” and identified by EPA ICR No. 2487.02 and OMB Control No. 2070-0189. The ICR, which is available in the docket along with other related materials, provides a detailed explanation of the collection activities and the burden estimate that is only briefly summarized in this document. EPA did not receive any comments in response to the previously provided public review opportunity issued in the Federal Register on November 3, 2016 (81 FR 76584). With this submission, EPA is providing an additional 30 days for public review.

    DATES:

    Comments must be received on or before April 5, 2017.

    ADDRESSES:

    Submit your comments, identified by docket identification (ID) number EPA-HQ-OPPT-2016-0111, to both EPA and OMB as follows:

    • To EPA online using http://www.regulations.gov (our preferred method) or by mail to: EPA Docket Center, Environmental Protection Agency, Mail Code 28221T, 1200 Pennsylvania Ave. NW., Washington, DC 20460.

    • To OMB via email to [email protected] Address comments to OMB Desk Officer for EPA.

    EPA's policy is that all comments received will be included in the docket without change, including any personal information provided, unless the comment includes profanity, threats, information claimed to be Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Do not submit electronically any information you consider to be CBI or other information whose disclosure is restricted by statute.

    FOR FURTHER INFORMATION CONTACT:

    Colby Lintner, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: (202) 554-1404; email address: [email protected]

    SUPPLEMENTARY INFORMATION:

    Docket: Supporting documents, including the ICR that explains in detail the information collection activities and the related burden and cost estimates that are summarized in this document, are available in the docket for this ICR. The docket can be viewed online at http://www.regulations.gov or in person at the EPA Docket Center, West William Jefferson Clinton Bldg., Rm. 3334, 1301 Constitution Ave. NW., Washington, DC. The telephone number for the Docket Center is (202) 566-1744. For additional information about EPA's public docket, visit http://www.epa.gov/dockets.

    ICR status: This ICR is currently scheduled to expire on February 28, 2017. Under OMB regulations, the Agency may continue to conduct or sponsor the collection of information while this submission is pending at OMB.

    Under PRA, 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless it displays a currently valid OMB control number. The OMB control numbers are displayed either by publication in the Federal Register or by other appropriate means, such as on the related collection instrument or form, if applicable. The display of OMB control numbers for certain EPA regulations is consolidated in 40 CFR part 9.

    Abstract: This information collection supports the consultation process by which the U.S. Environmental Protection Agency (EPA) will refine and enhance its logo redesign and education approach for the Safer Choice Product Recognition Program (Safer Choice program), formerly known as the Design for the Environment Program. The Safer Choice program recognizes products where all ingredients meet EPA's stringent requirements for human health and the environment as found in the Safer Choice Standard. Under the encouragement of the current program, leading companies have already made great progress in developing safer, highly effective chemical products. Since the program's inception in 1997, formulators have been using the program as a portal to OPPT's unique chemical expertise, information resources, and guidance on greener chemistry. Safer Choice partners enjoy Agency recognition, including the use of the Safer Choice label on qualifying products.

    The Safer Choice program adopted a new logo in March 2015 in response to stakeholder feedback. Following the launch of the new logo, EPA will conduct consumer surveys to gauge consumer recognition of the new logo and understand how the new logo and educational activities are diffusing over time and changing purchasing decisions. This ICR will enable Safer Choice to collect feedback from consumers through focus groups and online surveys and integrate it into the program, which will help to strengthen the visibility of the logo and program, improve product recognition among formulators and partners, and further promote chemical safety.

    Respondents/Affected Entities: Entities potentially affected by this ICR are individual adult consumers who are members of the general population.

    Respondent's obligation to respond: Responses to the collection of information are voluntary. Respondents may claim all or part of a notice confidential. EPA will disclose information that is covered by a claim of confidentiality only to the extent permitted by, and in accordance with, the procedures in TSCA section 14 and 40 CFR part 2.

    Estimated total number of potential respondents: 2,330.

    Frequency of response: On occasion.

    Estimated total burden: 777 hours (per year). Burden is defined at 5 CFR 1320.3(b).

    Estimated total costs: $29,513 (per year), includes no annualized capital investment or maintenance and operational costs.

    Changes in the estimates: There is an increase of 333 hours in the total estimated respondent burden compared with that identified in the ICR currently approved by OMB. This increase reflects an increase in per-response burden estimates for completing the consumer online survey based on experience from the previous ICR. This decrease is partially offset by a reduction in the total number of responses because EPA will conduct fewer online consumer surveys. This change is an adjustment.

    Authority:

    44 U.S.C. 3501 et seq.

    Courtney Kerwin, Director, Regulatory Support Division.
    [FR Doc. 2017-04167 Filed 3-3-17; 8:45 am] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [OMB 3060-1163] Information Collection Being Submitted for Review and Approval to the Office of Management and Budget AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995, the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    The Commission may not conduct or sponsor a collection of information unless it displays a currently valid Office of Management and Budget (OMB) control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the PRA that does not display a valid OMB control number.

    DATES:

    Written comments should be submitted on or before April 5, 2017. If you anticipate that you will be submitting comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the contacts listed below as soon as possible.

    ADDRESSES:

    Direct all PRA comments to Nicholas A. Fraser, OMB, via email [email protected]; and to Cathy Williams, FCC, via email [email protected] and to [email protected] Include in the comments the OMB control number as shown in the SUPPLEMENTARY INFORMATION below.

    FOR FURTHER INFORMATION CONTACT:

    For additional information or copies of the information collection, contact Cathy Williams at (202) 418-2918. To view a copy of this information collection request (ICR) submitted to OMB: (1) Go to the Web page <http://www.reginfo.gov/public/do/PRAMain>, (2) look for the section of the Web page called “Currently Under Review,” (3) click on the downward-pointing arrow in the “Select Agency” box below the “Currently Under Review” heading, (4) select “Federal Communications Commission” from the list of agencies presented in the “Select Agency” box, (5) click the “Submit” button to the right of the “Select Agency” box, (6) when the list of FCC ICRs currently under review appears, look for the OMB control number of this ICR and then click on the ICR Reference Number. A copy of the FCC submission to OMB will be displayed.

    SUPPLEMENTARY INFORMATION:

    As part of its continuing effort to reduce paperwork burdens, and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501-3520), the Federal Communications Commission (FCC or the Commission) invites the general public and other Federal agencies to take this opportunity to comment on the following information collection. Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission's burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information collection burden on small business concerns with fewer than 25 employees.

    OMB Control Number: 3060-1163.

    Title: Regulations Applicable to Broadcast, Common Carrier, and Aeronautical Radio Licensees Under Section 310(b) of the Communications Act of 1934, as amended.

    Form Number: N/A.

    Type of Review: Revision of a currently approved collection.

    Respondents: Business or other for-profit entities.

    Number of Respondents and Responses: 81 respondents; 81 responses.

    Estimated Time per Response: 2 hours-46 hours.

    Frequency of Response: On-occasion reporting requirement.

    Obligation To Respond: Required to obtain or retain benefits. The statutory authority for this collection is contained in 47 U.S.C. 151, 152, 154(i), 154(j), 160, 303(r), 309, 310 and 403.

    Total Annual Burden: 1,830 hours.

    Total Annual Cost: $524,400.

    Nature and Extent of Confidentiality: In submitting the information request, respondents may need to disclose confidential information to satisfy the requirements. However, covered entities would be free to request that such materials submitted to the Commission be withheld from public inspection (see 47 CFR 0.459 of the Commission's rules).

    Privacy Impact Assessment: No impacts(s).

    Needs and Uses: On September 29, 2016, the Commission adopted final rules in Review of Foreign Ownership Policies for Broadcast, Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, Report and Order, 31 FCC Rcd 11272 (2016) (2016 Foreign Ownership Report and Order). In the 2016 Foreign Ownership Order, the Commission:

    • Modified its foreign ownership filing and review process for broadcast licensees by extending to such licensees the streamlined rules and procedures developed for foreign ownership reviews of common carrier and certain aeronautical licensees (collectively, “common carrier” licensees) under Section 310(b)(4) of the Communications Act of 1934, as amended (the Act) with certain modifications to tailor them to the broadcast context; and

    • Reformed the methodology used by both common carrier and broadcast licensees that are, or are controlled by, U.S. publicly traded companies to assess their compliance with the foreign ownership limits in Sections 310(b)(3) and 310(b)(4) of the Act, respectively.

    The Commission therefore requests approval of substantial changes to the above-referenced information collection in order to apply to broadcast licensees substantially the same foreign ownership rules and procedures that apply to common carrier licensees and spectrum lessees and certain aeronautical licensees (collectively, “common carrier” licensees) under this information collection and the rules adopted in Review of Foreign Ownership Policies for Common Carrier and Aeronautical Radio Licensees under Section 310(b)(4) of the Communications Act of 1934, as Amended, IB Docket No. 11-133, Second Report and Order, 28 FCC Rcd 5741(2013).

    The 2016 Foreign Ownership Report and Order incorporated broadcasters into the common carrier foreign ownership rules (previously codified in Part 1, Subpart F, Sections 1.990 through 1.994 of the Commission's rules) through various changes. Notably, the Commission added new text to certain paragraphs of the rules (see e.g. Note to paragraph (i)(1) of Section 1.5001(i)), and by adding new paragraphs where needed. In this regard, we have added new paragraph (e) to Section 1.5000, which sets forth the new methodology for eligible public companies—both broadcast and common carrier—and new paragraphs (f)(2)-(3) of Section 1.5004, which sets forth new compliance provisions for such companies.

    The rules adopted in the 2016 Foreign Ownership Report and Order include the following broadcast-specific provisions in lieu of provisions applicable to common carrier licensees:

    • Broadcast licensees filing a petition for declaratory ruling (petition) to request Commission approval of foreign ownership in excess of the 25 percent benchmark in Section 310(b)(4) will use the broadcast “attribution” criteria to determine those U.S. and foreign ownership interests that must be disclosed in the petition. The disclosure will ensure the Commission has sufficient information to understand the licensee's ownership structure and to verify the identity and ultimate control of the foreign investor for which the petitioner seeks specific approval.

    • Broadcast licensees will use the broadcast “insulation criteria” set forth in the broadcast attribution rules in determining whether the broadcaster must include in its petition a request for “specific approval” of a particular foreign investor because the investor holds, or would hold, directly and/or indirectly, more than 5 percent (or, in the case of certain passive investors, more than 10 percent) of the total outstanding capital stock (equity) and/or voting stock (or a controlling share) of the licensee's controlling U.S.-organized parent company. The current insulation criteria for common carrier licensees will continue to apply.

    The Commission does not anticipate that these broadcast-specific provisions will impact the time per response for broadcast companies filing a Section 310(b)(4) petition. Thus, we estimate the same time per response for broadcast as for common carrier petitions. The Commission also finds that adopting a standardized filing and review process for broadcast licensees' requests to exceed the 25 percent foreign ownership benchmark in Section 310(b)(4), as the Commission has done for common carrier licensees, will provide the broadcast sector with greater transparency, more predictability, and reduce regulatory burdens and costs.

    In addition to these tailored changes to incorporate broadcast licensees into the existing foreign ownership rules applicable to common carrier licensees under Section 310(b)(4), the 2016 Foreign Ownership Report and Order clarifies the Commission's foreign ownership compliance procedures (to be codified in Section 1.5004(f)(3)-(4)) specifically to allow a broadcast or common carrier licensee to file a petition for declaratory ruling to remedy the licensee's inadvertent non-compliance with the statutory foreign ownership limits or the terms and conditions of the licensee's existing foreign ownership ruling with reasonable assurance that the Commission will not take enforcement action.

    The Commission is also making non-substantial changes to this information collection to renumber the foreign ownership rules, which currently are codified in Part 1, Subpart F, Sections 1.990 through 1.994 of the Commission's rules. The new rules, as adopted in the 2016 Foreign Ownership Report and Order, will be codified in Part 1, Subpart T, Section 1.5000 through 1.5004 of the Commission's rules. There is for the most part a one-to-one correlation between the existing rules (1.990-1.994) and the new rules (1.5000-1.5004).

    Federal Communications Commission. Marlene H. Dortch, Secretary, Office of the Secretary.
    [FR Doc. 2017-04260 Filed 3-3-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL COMMUNICATIONS COMMISSION [MB Docket No. 16-306; GN Docket No. 12-268; DA 17-106] Incentive Auction Task Force and Media Bureau Announce Procedures for the Post-Incentive Auction Broadcast Transition AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    In this document, the Federal Communications Commission (Commission) addresses the transition of full power and Class A television stations to post-auction channel assignments in the reorganized television bands following the conclusion of the broadcast television spectrum incentive auction (Auction 1000), summarizes and clarifies the process established in the Incentive Auction Report and Order and further developed in subsequent decisions.

    DATES:

    March 6, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Shaun Maher, Video Division, Media Bureau, Federal Communications Commission, [email protected], (202) 418-2324.

    SUPPLEMENTARY INFORMATION:

    This is a summary of the Commission's document, DA 17-106; MB Docket No. 16-306; GN Docket No. 12-268, released January 27, 2017. The complete text of this document is available for public inspection during regular business hours in the FCC Reference Center, Room CY-A257, 445 12th Street SW., Washington, DC 20554, or online at http://transition.fcc.gov/Daily_Releases/Daily_Business/2017/db0127/DA-17-106A1.pdf.

    The document DA 17-106 provides detailed information, instructions, and projected deadlines for filing applications related to the post-incentive auction broadcast transition. It includes details about the requirement that all stations assigned a new channel as a result of the incentive auction submit an application for construction permit for their post-auction channel, as well as the procedures by which winning reverse auction bidders must relinquish their spectrum usage rights. It also sets forth the process by which eligible television stations can seek reimbursement of certain costs incurred in relocating to new channels and Multichannel Video Programming Distributors (MVPDs) for certain costs incurred in order to continue to carry the signals of relocating television stations. Additionally, this Public Notice includes an Appendix with instructions for filing in the Commission's Licensing and Management System (LMS) the applications required to effectuate this transition.

    The document DA 17-106 provides broadcasters and other entities involved in the transition with information, instructions, and projected deadlines for filing applications related to the transition based on the following categories to which the broadcaster or entity belongs:

    • Reassigned Station: A full power or Class A station that was protected during the repacking process and involuntarily assigned to a new channel in one of the reorganized broadcast television bands. This category includes every station involuntarily assigned to a new channel including those that did not apply to bid in Auction 1001, those that applied and did not bid, and those that bid, but exited.

    • Band Changing Station: A station with a winning bid to move to the low or high very-high frequency (VHF) band.

    • Non-Reassigned Station With Population Loss In Excess of One Percent: A station that was not reassigned to a new channel but was entitled to protection in the repacking process and is predicted to experience a loss in population served in excess of one percent because of new station-to-station interference.

    • Displaced Class A Station: A Class A station that was not protected during the repacking process and is consequently displaced as a result of the repacking.

    • License Relinquishment Station: A station with a winning bid to go off air that will relinquish its spectrum usage rights and cease broadcasting.

    • Channel Sharing Station: Includes both a station with a winning bid to go off air that intends to relinquish spectrum usage rights on its current channel in order to share a channel (the sharee), as well as the station with which it will share following the incentive auction (the sharer).

    • MVPDs: Multichannel Video Programming Distributors that reasonably incur costs in order to continue to carry the signals of stations relocating to new channels as a result of the incentive auction and that are eligible for reimbursement.

    LPTV, TV translator, and digital replacement translator stations were not eligible to participate in the incentive auction, are not protected in the repacking process, are not eligible for reimbursement, and are not included in the phased transition schedule. Some of these facilities will be displaced as a result of the repacking process. Such a displaced station will have the opportunity to file an application for a construction permit to move to another channel or seek to channel share with another LPTV or TV translator station. The Media Bureau will issue a public notice listing potential channels in all areas in which LPTV or TV translator stations are displaced not less than 60 days in advance of the filing window for displacement applications. A separate public notice will outline the requirements and approximate timeline for the filing of applications for such displaced stations.

    Some of the post auction transition-related deadlines set forth in the Commission's rules, such as the deadline for filing an application for a construction permit for post-auction channel facilities, are referred to in months. For the sake of clarity and to provide greater ease of calculation, the Media Bureau instead refers to such deadlines in days. For example, a “3-month” deadline will be referred to as a “90-day” deadline.

    Reassigned Stations, Band Changing Stations, Non-Reassigned Stations With Excess Population Loss, and Displaced Class A Stations

    Construction Permit Application Process for Reassigned Stations and Band Changing Stations. All reassigned stations and band changing stations must electronically file applications for construction permits to build their post-auction channel facilities via the Commission's LMS no later than 90 days after the release date of the Closing and Reassignment Public Notice. The instructions for filing FCC Form 2100—Schedule A (full power stations) and Schedule E (Class A stations) are included in Appendix A. Applications must propose modified facilities consistent with the technical parameters set forth in the Closing and Reassignment Public Notice except as set forth below. These applications, including those that propose permissible contour extensions, as discussed immediately below, will be considered minor change applications and exempt from filing fees. Although they have up to 90 days to do so, stations should file their applications as early as possible following the release of the Closing and Reassignment Public Notice. The earlier that stations submit their applications, the quicker the Media Bureau will be able to process them and authorize construction.

    Flexibility to Expand Contour Coverage in Applications Filed During the Initial 90-Day Window. The Commission has provided limited flexibility for reassigned stations and band changing stations to request in their initial construction permit applications transmission facilities that will extend their post-auction coverage contour beyond the technical parameters specified in the Closing and Reassignment Public Notice.

    Reassigned Stations. A reassigned station may propose transmission facilities in its initial construction permit application that will extend its coverage contour if such facilities: (1) Are necessary to achieve the coverage contour specified in the Closing and Reassignment Public Notice or to address loss of coverage area resulting from its post-auction channel assignment; (2) will not extend a full power station's noise limited contour or a Class A station's protected contour by more than one percent in any direction; and (3) will not cause new interference beyond 0.5 percent to the technical parameters of any other station based on the parameters specified in the Closing and Reassignment Public Notice.

    Band Changing Stations. Band changing stations may specify transmission facilities that would result in a larger coverage contour than that resulting from the technical parameters specified in the Closing and Reassignment Public Notice, so long as the proposed facility will not cause new interference beyond a rounding tolerance of 0.5 percent to any other station. Such stations are not limited to the one percent contour increase restriction applicable to reassigned stations.

    Applications that Qualify for Expedited Processing. In order to expedite the transition, the Commission provided for expedited processing by the Media Bureau of a construction permit application that: (1) Does not seek to expand the coverage area, as defined by the technical parameters specified in the Closing and Reassignment Public Notice, in any direction; (2) seeks authorization for facilities that are no more than five percent smaller than those specified in the Closing and Reassignment Public Notice with respect to predicted population served; and (3) is filed within the 90-day deadline. The Media Bureau expects to process applications meeting all three of these requirements within 10 business days of filing.

    Incomplete or Defective Applications. A station that files an application during the initial 90-day window that is incomplete or defective will be contacted and afforded an opportunity to submit an amendment via LMS to cure any defects. Failure to cure a defect will result in dismissal of the application. A station whose application is dismissed must file a new application within 15 calendar days of dismissal and pay the requisite filing fee. A station that files an amendment to cure its pending application or re-files its application will nonetheless be required to meet its assigned construction deadline.

    Minor Amendments and Modifications. A station may submit requests for minor amendments to pending applications or minor modifications to construction permits at any time so long as the proposed facility meets the technical parameters identified in the Closing and Reassignment Public Notice or the allowable variance discussed herein. Applicants must file amendments to pending applications and applications for minor modifications of construction permits electronically via LMS by following the instructions in Appendix A.

    Requests for Waiver of Construction Permit Filing Deadline. Reassigned stations and band changing stations that determine they are unable to construct facilities that meet the technical parameters specified in the Closing and Reassignment Public Notice within the permissible contour coverage variance discussed herein, as well as stations unable to meet the 90-day filing deadline, may seek a waiver of the deadline. For stations unable to construct, requests for waiver of the 90-day filing deadline must be filed no later than 30 days prior to the deadline. Stations must submit their waiver requests in the form of a request for a legal STA via LMS, in accordance with the instructions contained in Appendix A. Stations should also send an electronic copy of the request via email to: [email protected] The staff will notify each requesting station of the grant or denial of a waiver. A station whose request is denied must submit its application no later than the 90-day deadline. Failure to do so may result in the imposition of a forfeiture or other sanctions.

    The Media Bureau will look most favorably on requests demonstrating that, due to extraordinary technical or legal issues beyond the station's control, it is impossible to construct the facility specified in the Closing and Reassignment Public Notice. This could occur, for example, if a station is unable to construct a compliant facility on its current tower and a replacement tower cannot be constructed from which the station would be able to meet the specified technical parameters. A station granted a waiver under this “unable to construct” standard will be allowed to file an application for a construction permit for an alternate channel or expanded facilities during the first priority filing window described below.

    We emphasize that any station that is granted a waiver of the construction permit application deadline nonetheless will be required to meet its construction deadline.

    Alternate Channel/Expanded Facilities Filing Windows. After the staff substantially completes its processing of the construction permit applications filed during the initial 90-day window, the Media Bureau will issue public notices announcing two, 30-day filing windows for stations to seek alternate channels and/or expanded facilities from those set forth in the Closing and Reassignment Public Notice. These filing windows will run consecutively, with a brief period in between. Filings in the first “priority” filing window will be limited to: (1) Reassigned stations and band changing stations “unable to construct” facilities that meet the technical parameters specified in the Closing and Reassignment Public Notice; (2) any reassigned station, band changing station, or non-reassigned station entitled to protection in the repacking process that is predicted to experience a loss in population served in excess of one percent as a result of the repacking process; and (3) Class A stations that did not receive protection in the repacking process and were displaced during the repacking process. All other reassigned stations and band changing stations will have an opportunity to file in the second window.

    Expanded Facilities and Alternate Channel Proposal Requirements

    Expanded Facilities. All applications for expanded facilities will be limited to those that would be considered a minor change under the Commission's rules, i.e., that propose a change in height above average terrain, effective radiated power, antenna pattern, or transmitter location. Reassigned stations that seek to extend their contours beyond one percent in any direction from the contour defined by the technical parameters specified in the Closing and Reassignment Public Notice must file applications for expanded facilities.

    Alternate Channels. An application for an alternate channel will be considered a major change application and thus will be subject to the local public notice requirements of section 73.3580 of the Commission's rules and a 30-day period for the filing of petitions to deny prior to grant. Band changing stations may not apply for alternate channels outside of their post-auction bands. Reassigned stations are not similarly limited and may apply for any channel in the reorganized television band.

    First Priority Window Timing and Eligibility

    Timing. The Media Bureau anticipates opening the first priority window approximately 120 days after the release of the Closing and Reassignment Public Notice. Applicants in the first priority window must protect the construction permit facilities of reassigned stations and band changing stations filed in the initial 90-day window if those stations' applications have been granted or remain pending. Otherwise, applicants in the first priority window must protect the facilities specified in the Closing and Reassignment Public Notice. In addition, all applications filed in the first priority window must protect the facilities specified in applications filed before the April 2013 freeze with “cut-off” protection. The facilities proposed in applications filed during the first priority window will be entitled to interference protection from subsequently filed applications and amendments thereto.

    Eligibility—Stations Unable to Construct. Reassigned stations or band changing stations that receive a waiver of the 90-day filing deadline based on a demonstration that they are “unable to construct” may file for an alternate channel and/or expanded facilities in the first priority window. Such stations must submit their applications via LMS using either FCC Form 2100—Schedule A (full power stations) or Schedule E (Class A stations) in accordance with the procedures outlined in Appendix A. Because these applications will constitute these stations' initial applications for construction permits, the applications will not be subject to a filing fee.

    Stations with Excess Aggregate Interference and/or Terrain Loss. A reassigned station or band changing station that demonstrates that it is predicted to experience a loss in population served in excess of one percent as a result of its channel assignment specified in the Closing and Reassignment Public Notice, either because of new aggregate station-to-station interference or terrain loss (or a combination of both), may propose expanded facilities or an alternate channel by filing an amendment to the application it filed by the initial 90-day filing deadline or, if the application has been granted, by filing an application to modify its construction permit. The station's filing must include an exhibit demonstrating the predicted population loss. Such stations must electronically submit an application for modification of their construction permit via LMS using either FCC Form 2100—Schedule A (full power stations) or Schedule E (Class A stations), or an amendment to their pending application by following the procedures outlined in Appendix A. These applications will be subject to a filing fee.

    Non-Reassigned Stations with Excess Population Loss. Stations not reassigned to new post-auction channels but that were entitled to protection in the repacking process and are predicted to experience a loss in population served in excess of one percent because of new station-to-station interference may submit a construction permit application proposing expanded facilities or an alternate channel and demonstrating the predicted population loss. Applications must be filed via LMS using FCC Form 2100—Schedule A (full power stations) or Schedule E (Class A stations). These applications will be subject to a filing fee. In addition, the costs incurred by non-reassigned stations to construct alternate channels or expanded facilities will not be reimbursable from the Reimbursement Fund.

    Displaced Class A Stations. Any Class A station that was not protected in the repacking process may file a displacement application in the first priority window. The station must electronically file a displacement application via LMS using FCC Form 2100—Schedule E, in accordance with the instructions contained in Appendix A. The application must specify a new channel or other modification that would comply with the interference and technical rules. The proposed facility must also comply with Section 336(f)(7)(B) of the Communications Act, which prevents the Commission from approving a modification of a Class A license, “unless the . . . licensee shows” that its proposal would not cause interference to a LPTV facility or translator facilities authorized or proposed before “the application for . . . modification of such a license . . . was filed.” We note that costs associated with constructing any Class A displacement facilities will not be eligible for reimbursement from the Reimbursement Fund.

    Second Window Timing and Requirements. During the second window, any reassigned station or band changing station may file an amendment to its initial construction permit application, if still pending, or a modification to its construction permit, if granted, to seek an alternate channel or expanded facility from that specified in the Closing and Reassignment Public Notice. The Media Bureau anticipates opening this window approximately 14 to 30 days after the close of the first priority filing window. All of the applications and amendments filed during the second window must protect the facilities proposed in the first priority window, and will be entitled to interference protection from subsequently-filed amendments and modification applications filed after the close of the second window. Applicants in the second window must also protect the construction permit facilities of reassigned stations and band changing stations filed in the initial 90-day window if those stations' applications have been granted or remain pending. Otherwise, applicants in the second window must protect the facilities specified in the Channel and Reassignment Public Notice. In addition, all applications filed in the second window must protect applications that were filed before the April 2013 freeze and have “cut-off” protection. Applications and amendments filed in the second window will be subject to the applicable filing fees.

    Cut-Off Protection and Mutually Exclusive (MX) Applications. Applications filed during either the first priority window or second window will be treated as filed on the last day of that window for purposes of determining mutual exclusivity. Stations filing applications during either window that are determined to be MX with another application filed in the same window will be notified and will be given a 90-day period to resolve the MX by proposing a technical solution or settlement in an amendment to their pending applications.

    Incomplete or Defective Applications. A station that files an application for a construction permit during either the first priority window or second window that is incomplete or defective will be contacted and afforded an opportunity to submit an amendment via LMS to cure any defects. Failure to correct any defect will result in dismissal of the application. If either an application filed during the first priority window by: (1) A station that was unable to construct the facilities specified in the Closing and Reassignment Public Notice or (2) a displaced Class A station is dismissed then the station must file a new application within 15 days of dismissal and pay the requisite filing fee. All other applications filed in the windows that are dismissed may not be re-filed until the Media Bureau lifts the freeze on the filing of minor change applications.

    International Coordination. Applications filed by reassigned stations and band changing stations to implement their post-auction channel facilities must adhere to technical parameters included in any coordinated arrangements between the Commission and the Canadian and Mexican regulatory agencies. Applications in the U.S.-Mexico border zone may not require additional coordination if they do not expand the noise-limited contour beyond the range of post-auction technical parameters negotiated with Mexico. Applications in the U.S.-Canada border zone may not require additional coordination if they do not expand the noise-limited contour by more than one percent in any direction beyond that predicted by the technical parameters listed in the Closing and Reassignment Public Notice, provided that the proposed facilities would not cause more than 0.5 percent new station-to-station interference to Canadian assignments or allotments. Applications for alternate channels or expanded facilities beyond these limits may require international coordination to assess potential cross-border interference and the potential impact on the construction deadline phases.

    Transition Phases and Phase Completion Dates. In the Transition Scheduling Adoption Public Notice, the Media Bureau, in consultation with IA Task Force, WTB, and the Office of Engineering and Technology, has announced its plan to adopt a phased transition schedule for reassigned stations and band changing stations. Under the approach, stations will be assigned to one of ten transition phases with sequential testing periods and phase completion dates. The transition phases and phase completion dates will be announced in the Closing and Reassignment Public Notice. The phase completion date, which will be the station's construction deadline as assigned by the Media Bureau, will be the last day that a station may operate on its pre-auction channel absent the grant of an STA. Any such STA will be granted only in very limited circumstances and will not extend beyond the end of the transition period. To the extent that the Media Bureau denies a request for a station to continue operating on its pre-auction channel past its construction permit deadline, the Media Bureau noted that stations can explore a variety of options to assist with their post-auction transitions, including the use of temporary channels and interim or auxiliary facilities.

    Extensions of Time to Construct Post-Auction Channel Facilities and Tolling. Reassigned stations and band changing stations that are unable to complete construction of their post-auction channel facilities by their deadlines may seek a single extension of up to 180 days. Stations anticipating the need for an extension must submit an extension application electronically via LMS on FCC Form 2100—Schedule 337, not less than 90 days before their deadlines.

    An application for extension of time to construct must include an exhibit demonstrating that, despite all reasonable efforts, the station is unable to complete construction of its new facility on time due to circumstances that were either unforeseeable or beyond its control. To illustrate, the following circumstances might justify an extension of a station's construction deadline: (1) Weather-related delays; (2) delays in construction due to the unavailability of equipment or a tower crew; (3) tower lease disputes; (4) unusual technical challenges; or (5) delays caused by the need to obtain government approvals, such as land use or zoning approvals, or to observe competitive bidding requirements prior to purchasing equipment or services.

    Additionally, in limited circumstances, stations may rely on “financial hardship” as a criterion for seeking an extension of time. Such circumstances may include a situation in which a station is subject to an active bankruptcy or receivership proceeding. In such a case, the station must show that it has filed requests to proceed with construction of the post-auction facility in the relevant court proceeding. A station requesting an extension of time based on financial hardship that is not in a bankruptcy or receivership proceeding must demonstrate that additional time is warranted due to rare and exceptional financial circumstances that were unforeseeable or beyond its control, and that it made all reasonable efforts to resolve those issues.

    The Media Bureau reminds stations that additional time to construct beyond the 180-day extended deadline may only be sought pursuant to the Commission's strict “tolling” rule. The tolling rule provides that a construction permit deadline may be tolled only for specific circumstances not under the licensee's control, such as acts of God or delays due to administrative or judicial review. Stations must electronically file tolling requests via LMS, in accordance with the instructions in Appendix A. Stations may also seek a waiver of the tolling rule to receive additional time to construct in the case where “rare or exceptional circumstances” prevent construction, following the instructions for requesting tolling in Appendix A. Stations should send an electronic copy of all tolling requests and tolling waivers via email to: [email protected]

    The Media Bureau reminds stations that it has also announced that, prior to grant, it will evaluate all extension applications to determine whether grant will delay or disrupt the post-auction transition schedule.

    Absent the grant of an STA, a reassigned station or a band changing station must cease operating on its pre-auction channel by its construction permit deadline even if construction of the station's post-auction channel facility is not complete. Grant of an extension of time to construct a station's post-auction channel facility will not extend the time during which the licensee may operate on its pre-auction channel.

    Additional Flexibility. In order to facilitate timely construction of new facilities and to minimize any time broadcasters may be off the air, reassigned stations and band changing stations may request an STA to operate with temporary facilities while they complete construction of their post-auction channel facilities. The Media Bureau clarifies that all requests for an STA must be filed electronically via LMS and, for commercial stations, will require payment of a filing fee. Instructions for filing via LMS are contained in Appendix A. All STAs for temporary facilities granted in connection with the post-auction transition will be for a maximum of 180 days. In addition, the Media Bureau reserves the right to modify or cancel an STA at any time, without prior notice, at its sole discretion.

    To illustrate, examples of potential temporary facilities could include: A station operating on its assigned post-auction channel with parameters at variance from its post-auction construction permit; operating from a temporary antenna; operating on a temporary channel, including for a short period of time on a channel relinquished by a reverse auction winner; and the temporary joint use of a channel. Stations also may request an STA to continue to operate on their pre-auction channels beyond their phase completion deadlines. The Media Bureau will examine all such requests to determine whether they would serve the public interest, and will require that all temporary authorizations not cause impermissible interference to other broadcast or wireless licensees. In addition, the Media Bureau reminds stations that it has announced that it will evaluate all STA requests to determine whether grant would delay or disrupt the post-auction transition schedule. It will not grant an STA that would authorize a station to operate on its pre-auction channel beyond the end of the 39-month transition period.

    Silent Authority and Section 312(g) of the Communications Act. The Media Bureau recognizes that, in order to successfully complete the transition to its post-auction channel, a reassigned station or band changing station may need to temporarily suspend operations or “go silent.” The Media Bureau reminds stations that the rules provide that a station may suspend operations for a period of not more than 30 days absent specific authority from the Commission. Stations that remain silent for more than 10 days must notify the Commission not later than the tenth day of their suspended operations by filing a Suspension of Operations Notification via LMS as outlined in Appendix A. Stations that need to remain silent for more than 30 days must file a Silent STA via LMS as outlined in Appendix A, and pay the requisite fee.

    The Media Bureau also reminds stations that the license of any station that remains silent for any consecutive 12-month period expires automatically at the end of that period, by operation of law, except that the Commission can extend or reinstate such a license “to promote equity and fairness.” A station that remains silent for any consecutive 12-month period may request an extension or reinstatement of its license and a waiver of the pertinent Commission rules by filing a written request with the Commission. In considering such requests, we will examine whether the station has demonstrated that its silence is the result of compelling reasons beyond the station's control, including facts that relate to the post-auction transition process.

    Completion of Transition to Post-Auction Channel

    Discontinuation of Operations on Pre-Auction Channels—Notice to Viewers. Reassigned stations and band changing stations must air notifications alerting viewers prior to transitioning to their post-auction channels. At a minimum, these stations must air either 60 seconds of on-air consumer education public service announcements (PSAs) or 60 seconds of crawls per day for 30 days prior to termination of operations on their pre-auction channels. Stations will have the discretion to choose the timeslots for these PSAs or crawls. Transition PSAs and crawls must conform to the requirements set forth in the Commission's rules. Stations must include a certification that they have complied with the viewer notification requirements in their online public file within 30 days after beginning operation on their post-auction channel.

    Notice to MVPDs. Before a reassigned station or band changing station moves to its post-auction channel, it must provide notice to MVPDs that currently carry the station and will continue to be obligated to carry the station. The required notice must be provided in the form of a letter notification, and must include the following information: (1) The date and time of any channel change; (2) the pre-auction and post-auction channel assignments; (3) the modification, if any, to the antenna position, location, or power levels; and (4) the engineering staff's contact information. Should any of this information change during the station's transition, an amended notification must be sent to MVPDs in the same form as the original notice. For cable systems, the letter must be addressed to the system's official address of record provided in the cable system's most recent filing in the Cable Operations and Licensing System (“COALS”) Form 322. For all other MVPDs, the letter must be addressed to the official corporate address registered with the MVPD's state of incorporation. The notification must be sent not less than 90 days prior to the station's transition to its post-auction channel. Should a station's anticipated transition date change due to an unforeseen delay or change in its transition plan, the station must send further notices to affected MVPDs informing them of the new anticipated transition date. Where COALS includes an email address with the official address of record the letter may be sent electronically. Where the official corporate address registered with the MVPD's state of incorporation includes a form of electronic communication the letter may be sent electronically.

    Commencement of Operation on Post-Auction Channel. Within 10 days after commencement of program test authority, a licensee must submit an application for license on its post-auction channel. Applications for license must be filed electronically via LMS using FCC Form 2100—Schedule B (full power) and Schedule F (Class A). Commercial stations will be required to pay the requisite filing fee. Instructions for filing via LMS are contained in Appendix A.

    License Relinquishment Stations and Channel Sharing Stations

    Payments to Reverse Auction Winning Bidders. The Media Bureau will release a separate public notice informing winning bidders of the process for receiving auction proceeds at a later date. That public notice will advise winning bidders about the process for providing instructions to the Commission for payments, including providing banking information and necessary certifications. As previously stated, though providing a precise timetable is not feasible, the Commission will share auction proceeds with broadcast licensees relinquishing spectrum usage rights as soon as practicable following the successful conclusion of the incentive auction. The forthcoming public notice will detail the steps that a winning reverse auction licensee must take before auction proceeds can be disbursed once they become available. In particular, the public notice will detail the form that winning reverse auction bidders will use to submit payment information, as well as processes for validating the information prior to the disbursement of any payments. As described in a prior public notice, a winning bidder may provide instructions for payments to an account owned by a third-party.

    As a step prior to beginning this process, a representative from an entity that expects to receive a payment from the FCC for a winning reverse auction bid must have logged in to the updated Commission Registration System (CORES) (https://apps.fcc.gov/cores) and set up a username and password. Detailed instructions on how to register for an FCC Username Account can be found at: https://apps.fcc.gov/cores/html/Register_New_Account.htm. For additional information, please contact the Updated CORES System hotline at 202-418-4120 or [email protected]

    License Relinquishment Transition Process

    Discontinuation of Operations. A license relinquishment station must discontinue operations within 90 days after receiving its share of auction proceeds.” A station needing additional time to discontinue operations on its pre-auction channel may submit a waiver request demonstrating “good cause” pursuant to Section 1.3 of the Commission's rules. The Media Bureau anticipates that requests for additional time beyond 90 days are unlikely to meet our waiver standard. No license relinquishment station will be granted a waiver that would extend its deadline to discontinue operations beyond the end of the 39-month transition period. The Media Bureau reminds stations that it has announced that, prior to granting a waiver request, it will evaluate all requests to extend the deadline to discontinue operations to determine whether the grant would delay or disrupt the post-auction transition schedule.

    A station should file such a request as soon as it becomes apparent that it requires additional time to terminate operations on its pre-auction channel. A waiver request must be filed electronically via LMS as a request for a legal STA, include the requisite fee, provide the above-described waiver showing, and include a proposed discontinuation date. A copy of the request should also be emailed to [email protected] Instructions for filing via LMS are contained in Appendix A.

    Suspension and Discontinuance Notices to Commission. A license relinquishment station must notify the Commission at least two days prior to discontinuation of operations on its pre-auction channel. Instructions for filing a Suspension of Operations Notification via LMS are contained in Appendix A. As soon as possible following the discontinuation of operations on its pre-auction channel, a license relinquishment station must also submit a Request to Cancel License via LMS, as outlined in Appendix A, which will serve as the station's request for cancellation of its pre-auction channel license. Both notifications should be emailed to: [email protected] There is no fee for these two filings.

    Notice to Viewers. Prior to termination of operations, relinquishment stations must air notifications to alert their viewers that they will discontinue service. Stations that operate on a commercial basis will be required to air a mix of PSAs and crawls. Such stations must air at least one transition PSA and run at least one transition crawl in every quarter of every day for 30 days prior to the date on which the station terminates operations on its pre-auction channel. One of the required PSAs and one of the required crawls must be run during primetime hours each day. Crawls must run during programming for no less than 60 consecutive seconds across the bottom or top of the viewing area and be provided in the same language as a majority of the programming carried by the station. Although stations have the flexibility to design the text of their crawls, they must include the date on which the station will terminate operations on its pre-auction channel, and explain how viewers may obtain more information by telephone or online. PSAs must have a duration of at least 15 seconds, be provided in the same language as a majority of the programs carried by the station and provide, at a minimum, the same information as required for crawls. In addition, transition PSAs must be closed-captioned. Stations are encouraged to include any other details about their discontinuation of operations that they believe to be important in their notifications, and stations may air additional notifications that they deem beneficial to their viewers.

    Noncommercial educational (NCE) full power television license relinquishment stations may choose to comply with notification requirements either through the framework set forth in the preceding paragraph or by airing 60 seconds of on-air consumer education PSAs each day for 30 days prior to termination of operations on their pre-auction channel. NCE stations choosing the alternate plan will have the discretion to choose the timeslots for these PSAs. The NCE transition PSAs must include the same information as noted above for commercial stations and must be closed-captioned.

    A license relinquishment station must include a certification of compliance with the notice requirements in its Suspension of Operations Notification.

    Notice to MVPDs. A license relinquishment station must provide notice to each affected MVPD that the MVPD will no longer be required to carry the station because it will cease operations. The required notice must be provided in the form of a letter and must include the date and time of the planned termination of operations. For cable systems, the letter must be addressed to the system's official address of record provided in the cable system's most recent filing in the COALS Form 322. For all other MVPDs, the letter must be addressed to the official corporate address registered with the MVPD's state of incorporation. The notification must be sent not less than 30 days prior to terminating operations. Should a station's anticipated termination date change due to an unforeseen delay or change in transition plan, the station must send a further notice to affected MVPDs informing them of the new anticipated termination date. Where COALS includes an email address with the official address of record the letter may be sent electronically. Where the official corporate address registered with the MVPD's state of incorporation includes a form of electronic communication the letter may be sent electronically.

    Channel Sharing Station Transition Process. A channel sharing station must implement shared channel operations, and a sharee station must discontinue operations on its pre-auction channel within 180 days after the sharee receives its share of auction proceeds.

    Application for Construction Permit. Where a sharer station remains on its pre-auction channel, the sharee must file an application for construction permit via LMS using FCC Form 2100 Schedule A (full power) or Schedule E (Class A) no later than 60 days prior to its deadline for discontinuing operations on its pre-auction channel, which, absent any extension, is no later than 120 days after the sharee receives its share of auction proceeds. The applicant must pay the requisite filing fee. The application must specify the same technical facilities as the sharer station and include an executed copy of the Channel Sharing Agreement (CSA). Instructions for completing this form can be found in Appendix A. The timing of this filing requirement is the same regardless of whether the parties have a pre- or post-auction CSA. Therefore, a sharee that indicated in its FCC Form 177 application to participate in the reverse auction the intent to enter into a post-auction CSA must enter into a CSA and submit its minor change application no later than 120 days after it receives its share of the auction proceeds.

    In the event that the sharer station is a reassigned station or band changing station, then it must follow the procedures outlined for Reassigned Stations and Band Changing Stations to implement the move to its new channel, including submitting an application for construction permit specifying its post-auction channel facilities no later than the initial 90-day filing deadline for initial construction permit applications. If the sharer has, or is expected to, transition to its new channel by the deadline on which the sharee must submit its application for construction permit (i.e., no later than 120 days after it receives its share of the auction proceeds), then the sharee's application should specify the sharer's post-auction channel facility. In the event that the sharee's deadline by which it must discontinue operations on its pre-auction channel (i.e., no later than 180 days after it receives its share of the auction proceeds), is expected to occur before the sharer has transitioned to its new channel, however, the sharee should file an application for a construction permit specifying the sharer's pre-transition channel. Not less than 60 days prior to the sharer's phase construction deadline, the sharee must then file a minor change application for a construction permit for the sharer's post-auction channel. Sharee applications for construction permits will be considered minor changes and will be subject to filing fees.

    If a sharee needs additional time to submit its application for a construction permit, then it may request a waiver of the construction permit filing deadline. Waivers must be filed as a request for legal STA via LMS following the instructions provided in Appendix A and include payment of the requisite filing fee. Such waivers must provide a “good cause” showing pursuant to section 1.3 of the Commission's rules and, specify the date by which the sharee anticipates filing its construction permit application. Stations should also email a copy of their waiver request to: [email protected] In order to provide the staff with sufficient time to process the waiver request, and for stations to make arrangements to meet the deadline if the waiver is denied, stations are urged to file no later than 30 days prior to the deadline for filing their application for a construction permit, which, absent an extension, is no later than 120 days after it receives its share of auction proceeds.

    Suspension of Operations Notice to Commission. Sharees must notify the Commission at least two days prior to discontinuation of operations on their pre-auction channels by filing a Suspension of Operations Notification via LMS as outlined Appendix A. There is no fee for this filing. This notification also should be emailed to [email protected]

    Commencement of Operation on Shared Channel. When implementation is complete and within 10 days of commencement of operation of the shared facilities on program test authority, both sharer and sharee must submit applications for license on FCC Form 2100—Schedule B (full power stations) and Schedule F (Class A stations) via LMS following the instructions in Appendix A. This process may need to be completed twice if the sharer becomes a reassigned station and the sharee decides to share the sharer's pre-auction channel while it is waiting for the sharer to complete its transition to its post-auction channel, i.e., once for the sharer's pre-auction channel and once for the shared post-auction channel.

    Waiver of Deadline to Commence Shared Operations. A channel sharee may request an additional 90 days to discontinue operations on its pre-auction channel and commence shared operations by requesting a waiver pursuant to section 1.3 of the Commission's rules. Further, channel sharees may request an additional 90 days (for a total of 180 additional days) using the same procedure. Prior to grant, the Media Bureau will evaluate all requests for waiver of the deadline to commence shared operations to determine whether grant will delay or disrupt the post-auction transition schedule. In any event, no channel sharee will be granted a waiver that would extend its deadline to discontinue operations on its pre-auction channel beyond the end of the 39-month transition period.

    A station should file such a request for additional time as soon as it becomes apparent that it requires additional time prior to discontinuing operations, and in no event later than 60 days prior to its deadline for discontinuing operations. Such requests must be filed electronically via LMS as a request for a legal STA, include the requisite fee, provide the “good cause” waiver showing, and include a proposed discontinuation date not to exceed 90 days beyond the current date to discontinue operations. Instructions for filing via LMS are contained in Appendix A. A copy of the request should also be emailed to: [email protected]

    Notice to Viewers. Channel sharees must air notifications alerting their viewers prior to transitioning to their shared channels. These stations must air, at a minimum, either 60 seconds of on-air consumer education PSAs or 60 seconds of crawls per day for 30 days prior to termination of operations on their pre-auction channels. Stations will have the discretion to choose the timeslots for these PSAs or crawls. Transition PSAs and crawls must conform to the requirements set forth in the rules. Stations must include a certification that they have complied with the viewer notification requirements in their online public file within 30 days after beginning operations on their shared channel. Sharer stations are only required to air viewer notifications if they become a reassigned station as a result of the repacking.

    Notice to MVPDs. Channel sharing stations must also provide notice to MVPDs that no longer will be required to carry one of the stations because of the sharee's relocation; currently carry and will continue to be obligated to carry the sharee; or will become obligated to carry the sharee. The required notice must be provided in the form of a letter and must include: (i) Date and time of any channel changes; (ii) pre-auction and shared channels; (iii) modification (if any) to antenna position, location or power levels; (iv) stream identification information for channel sharing stations; and (v) engineering staff contact information. If any of this information changes during the time that the sharee station is transitioning from its pre-auction to its shared channel, an amended notification must be sent to MVPDs in the same form as the original notice. For cable systems, the letter must be addressed to the cable system's official address of record provided in the cable system's most recent filing in the COALS Form 322. For all other MVPDs, the letter must be addressed to the official corporate address registered with the MVPD's state of incorporation. For sharee stations, the notification must be sent not less than 30 days prior to terminating operations on the sharee's pre-auction channel; and for all channel sharing stations (i.e., both the sharer and sharee(s)), not less than 30 days prior to initiation of operations on the sharer channel. Should a station's anticipated termination date change due to an unforeseen delay or change in transition plan, the station must send a further notice to affected MVPDs informing them of the new anticipated termination date. Where COALS includes an email address with the official address of record the letter may be sent electronically. Where the official corporate address registered with the MVPD's state of incorporation includes a form of electronic communications, the notice may be sent electronically.

    Impact on Transition

    In the Transition Scheduling Adoption Public Notice, the Media Bureau adopted standards it will use to evaluate the impact on the transition of applications filed during the first and second priority windows, applications for extension of time, requests for STAs, and requests for waivers of deadlines to discontinuation operations on pre-auction channels (“applications/requests”). Under these standards, the Bureau will examine the impact that grant of an application/request would have on the overall transition schedule by, for example, evaluating whether the application/request may create new, or affect existing, dependencies. The Media Bureau will view favorably applications/requests that are otherwise compliant with our rules and have little or no impact on other stations' transition schedule. In contrast, the Media Bureau will view unfavorably any application/request that the staff determines would be likely to delay or disrupt the transition, such as by causing temporary pairwise interference to another station above the two percent authorized in the Transition Scheduling Adoption Public Notice, creating additional linked-station sets, necessitating changes to the construction permit deadlines for other station(s), or likely causing a strain on limited transition resources required by other stations. The Media Bureau will also view applications/requests that would have such adverse effects more favorably if the requesting station demonstrates that it has the approval of all the stations that would be affected, or it agrees to take steps during the transition period to mitigate the impact of the proposed request—such as accepting additional levels of temporarily increased interference, or operating with reduced facilities at variance from its pre-auction licensed parameters.

    The Media Bureau will evaluate each request on a case-by-case basis. After evaluating applications/requests, the Media Bureau may modify construction deadlines to enable the grant of a request. To the extent that the Media Bureau denies a request for a station to continue operating on its pre-auction channel past its phase completion date, the Media Bureau noted that stations can explore a variety of options to assist with their post-auction transitions, including the use of temporary channels and interim or auxiliary facilities.

    Reimbursement

    In this section, the Media Bureau outlines the post-auction reimbursement process for reassigned stations as well as the process by which stations may seek a service rule waiver in lieu of reimbursement. Involuntarily reassigned stations as well as MVPDs that incur costs by continuing to carry such reassigned stations are eligible for reimbursement of their “reasonably incurred” costs. Entities eligible for reimbursement will use FCC Form 2100, Schedule 399 (Reimbursement Form), to submit both their estimated costs and, after incurring the costs, actual reimbursement requests with documentation substantiating all such expenses incurred. In lieu of receiving reimbursement, reassigned stations may request a waiver of the Commission's service rules permitting the station to make flexible use of the post-auction channel spectrum to provide services other than broadcast television services.

    Reimbursement Cost Estimates. Reassigned stations and MVPDs that will incur costs by continuing to carry reassigned stations must file their estimated construction costs for equipment and services no later than 90 days after release of the Closing and Reassignment Public Notice. After reviewing the cost estimates submitted, the Media Bureau will make an initial reimbursement allocation for each reassigned station and MVPD that filed cost estimates. The allocated amount is the dollar amount that stations and MVPDs will have to draw down against as they incur actual expenses. To ensure timely processing, stations must file their cost estimates by the deadline.

    Relocation cost estimates and any required supporting documentation must be filed via LMS using the Reimbursement Form. Instructions for filing the Reimbursement Form via LMS are contained in Appendix A. There is no fee for this filing. When filing estimated costs, reassigned stations and MVPDs must identify their current operational equipment as well as the equipment and services they expect to purchase to complete the post-auction channel transition. Cost estimates for such equipment and services can be based either on the predetermined cost estimates identified in the catalog of eligible expenses (Catalog), which is embedded in the Reimbursement Form, or by obtaining price quotes from vendors. Filers must submit supporting cost estimate documentation (such as a price quote from a vendor) for any equipment or service for which there is no predetermined cost estimate in the Catalog, and must provide a detailed explanation if an estimate exceeds the amount listed for the particular equipment or service in the Catalog. The Reimbursement Form is dynamic; and guides users with prompts that indicate how and when filers must provide explanations and supporting documentation.

    Relocation cost estimates must be filed no earlier than the day of release of, and no later than 90 days after release of, the Closing and Reassignment Public Notice.

    The Media Bureau will release a separate public notice informing eligible entities of the process for receiving reimbursements at a later date. That public notice will advise eligible entities about the process for providing the Commission with banking information and necessary certifications. In particular, the public notice will detail forms that eligible entities will use to submit information regarding estimates of relocation costs and relocation costs actually incurred, as well as relevant banking information, and the processes for validating such information prior to any reimbursements.

    As a step prior to beginning this process, as with all entities doing business with the FCC, a representative from an entity that expects to receive a payment from the FCC—including reassigned stations and MVPDs that incur expenses as a result of the post-auction station repack—must log in to the updated Commission Registration System (CORES) (https://apps.fcc.gov/cores) and set up a username and password. Detailed instructions on how to register for an FCC Username Account can be found at https://apps.fcc.gov/cores/html/Register_New_Account.htm. For additional information, please contact the Updated CORES System hotline at: 202-418-4120; or email: [email protected]

    Reimbursement Claims for Actual Expenses Incurred. Once reassigned stations and MVPDs incur actual costs as a result of the post-auction channel reassignments, they must file actual reimbursement claims along with any required supporting invoices and other cost documentation using the Reimbursement Form via LMS. Entities may, and likely will, submit multiple reimbursement requests as they incur expenses throughout the reimbursement period. Because reimbursement payments can be made only during the statutory three-year reimbursement period, the Media Bureau will announce a date prior to the end of the reimbursement period at which time all remaining expense documentation and additional estimates for work not yet completed must be submitted. A station or MVPD must provide a detailed explanation on the Reimbursement Form if an actual cost exceeds the estimated cost for a particular line item. Reimbursement claims will be reviewed to ensure that payment is made only for costs “reasonably incurred” in accordance with Section 1452(b)(4). The Commission has determined that costs incurred during or before the incentive auction that would otherwise be reimbursable are eligible for reimbursement. Although some reassigned stations will have already incurred expenses that may be eligible for reimbursement by the time the Closing and Reassignment Public Notice is released, requests for reimbursement of such costs will not be processed until after the Media Bureau makes an initial allocation for stations and MVPDs that have timely filed reimbursement cost estimates during the 90-day period after release of the Closing and Reassignment Public Notice.

    Service Rule Waiver in Lieu of Reimbursement. In lieu of receiving reimbursement for relocation costs, a reassigned station may request a waiver of the Commission's service rules to allow the station to make flexible use of its reassigned spectrum to provide services other than broadcast television services. Such waivers are subject to all applicable interference protections and will only remain in effect while the licensee provides at least one broadcast television program stream on such spectrum at no charge to the public. The Commission has delegated authority to the Media Bureau to act on service rule waivers on a case-by-case basis. Waivers will be evaluated in accordance with the Commission's general waiver standard, and must demonstrate that the applicant will protect against interference and provide at least one broadcast television program stream at no charge to the public, as required by the Spectrum Act. Stations may request that a waiver be granted on either a temporary or a permanent basis.

    The Media Bureau will accept service rule waiver requests from reassigned stations otherwise eligible for reimbursement for relocation costs during a 30-day window commencing upon release of the Closing and Reassignment Public Notice. Waiver requests must be filed via LMS in accordance with the instructions in Appendix A, and must include the requisite fee. Waiver requests should also be emailed to: [email protected] The Media Bureau will expeditiously process petitions and timely inform the petitioners of the disposition. A licensee must accept the terms of a waiver within 10 days of grant. Instructions on how to accept grant of the waiver will be provided in the written notification sent to the station by the Media Bureau.

    Until the Media Bureau grants a waiver request and the station accepts the terms of the waiver grant, a station must meet all requirements to obtain reimbursement (e.g., timely filing the Reimbursement Form). A station that is granted and accepts the terms of a waiver must comply with all transition filings, construction, and notice requirements, and deadlines, unless otherwise instructed by the Media Bureau.

    Federal Communications Commission. Barbara Kreisman, Chief, Video Division, Media Bureau.
    [FR Doc. 2017-04248 Filed 3-3-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL ELECTION COMMISSION Sunshine Act Meeting AGENCY:

    Federal Election Commission.

    DATE AND TIME:

    Thursday, March 9, 2017 at 10:00 a.m.

    PLACE:

    999 E Street NW., Washington, DC (Ninth Floor).

    STATUS:

    This meeting will be open to the public.

    Items To Be Discussed Draft Advisory Opinion 2016-23: Socialist Workers Party Audit Division Recommendation Memorandum on the Colorado Republican Committee (CRC) (A13-12) 2017 Chief FOIA Officer Report Management and Administrative Matters

    Individuals who plan to attend and require special assistance, such as sign language interpretation or other reasonable accommodations, should contact Dayna C. Brown, Secretary and Clerk, at (202) 694-1040, at least 72 hours prior to the meeting date.

    PERSON TO CONTACT FOR INFORMATION:

    Judith Ingram, Press Officer, Telephone: (202) 694-1220.

    Dayna C. Brown, Secretary and Clerk of the Commission.
    [FR Doc. 2017-04468 Filed 3-2-17; 4:15 pm] BILLING CODE 6715-01-P
    FEDERAL TRADE COMMISSION Agency Information Collection Activities; Proposed Collection; Comment Request; Extension AGENCY:

    Federal Trade Commission (“FTC” or “Commission”).

    ACTION:

    Notice.

    SUMMARY:

    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 information collection requirements contained in its Funeral Industry Practice Rule (“Funeral Rule” or “Rule”). That clearance expires on September 30, 2017.

    DATES:

    Comments must be filed by May 5, 2017.

    ADDRESSES:

    Interested parties may file a comment online or on paper, by following the instructions in the Request for Comment part of the SUPPLEMENTARY INFORMATION section below. Write “Funeral Rule PRA Comment: FTC File No. P084401” on your comment, and file your comment online at https://ftcpublic.commentworks.com/ftc/funeralrulepra by following the instructions on the web-based form. If you prefer to file your comment on paper, mail your comment 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.

    FOR FURTHER INFORMATION CONTACT:

    Requests for additional information or copies of the proposed information requirements for the Funeral Rule should be addressed by mail to Craig Tregillus, Staff Attorney, Division of Marketing Practices, Bureau of Consumer Protection, Federal Trade Commission, Room CC-8528, 600 Pennsylvania Ave. NW., Washington, DC 20580, by email to [email protected] or by telephone to (202) 326-2970.

    SUPPLEMENTARY INFORMATION:

    Under the PRA, 44 U.S.C. 3501-3521, federal agencies must obtain approval from OMB for each collection of information they conduct or sponsor. “Collection of information” means agency requests or requirements that members of the public submit reports, keep records, or provide information to a third party. 44 U.S.C. 3502(3), 5 CFR 1320.3(c). As required by section 3506(c)(2)(A) of the PRA, the FTC is providing this opportunity for public comment before requesting that OMB extend the existing paperwork clearance for the Funeral Rule, 16 CFR part 453 (OMB Control Number 3084-0025).

    The Funeral Rule ensures that consumers who are purchasing funeral goods and services have access to accurate itemized price information so they can purchase only the funeral goods and services they want or need. In particular, the Rule requires a funeral provider to: (1) Give consumers a copy they can keep of the funeral provider's General Price List (“GPL”) that itemizes the goods and services it offers; (2) show consumers a Casket Price List (“CPL”) and an Outer Burial Container Price List (“OBCPL”) at the outset of any discussion of those items or their prices, and in any event before showing consumers caskets or vaults; (3) provide price information from its price lists over the telephone; and (4) give consumers a Statement of Funeral Goods and Services Selected (“SFGSS”) after determining the funeral arrangements with the consumer during an “arrangements conference”. The Rule requires that funeral providers disclose this information to consumers and maintain records to facilitate enforcement of the Rule.

    The estimated burden associated with the collection of information required by the Rule is 19,322 hours for recordkeeping, 103,345 hours for disclosure, and 38,644 hours for compliance training for a cumulative total of 161,311 hours. This estimate is based on the number of funeral providers (approximately 19,322),1 the number of funerals per year (an estimated 2,626,418),2 and the time needed to fulfill the information collection tasks required by the Rule.

    1 The estimated number of funeral providers is from 2017 data provided on the National Funeral Directors Association (“NFDA”) Web site (see http://www.nfda.org/news/statistics) (within “General Funeral Service Facts”).

    2 The estimated number of funerals conducted annually is derived from the National Center for Health Statistics (“NCHS”), http://www.cdc.gov/nchs/. According to NCHS, 2,626,418 deaths occurred in the United States in 2014, the most recent year for which final data is available. See, e.g., Table 1 (“Number of deaths, death rates, and age-adjusted death rates, by race and sex: United States, 1940, 1950, 1960, 1970, and 1980-2014”) (https://www.cdc.gov/nchs/data/nvsr/nvsr65/nvsr65_04.pdf) (June 30, 2016). Staff believes this is a conservative estimate because not all remains go to a funeral provider covered by the Rule (e.g., remains sent directly to a crematory that does not sell urns; remains donated to a medical school, etc.).

    Recordkeeping: The Rule requires that funeral providers retain for one year copies of price lists and statements of funeral goods and services selected by consumers. Based on a maximum average burden of one hour per provider per year for this task, the total burden for the 19,322 providers is 19,322 hours.

    Disclosure: As noted above, the Rule requires that funeral providers: (1) Maintain current price lists for funeral goods and services, (2) provide written documentation of the funeral goods and services selected by consumers making funeral arrangements, and (3) provide information about funeral prices in response to telephone inquiries.

    1. Maintaining accurate price lists may require that funeral providers revise their price lists occasionally (most do so once a year, some less frequently) to reflect price changes. Staff conservatively estimates that this task may require a maximum average burden of two and one-half hours per provider per year. Thus, the total burden for 19,322 providers is 48,305 hours.

    2. Staff retains its prior estimate that 13% of funeral providers prepare written documentation of funeral goods and services selected by consumers specifically due to the Rule's mandate. The original rulemaking record indicated that 87% of funeral providers provided written documentation of funeral arrangements, even absent the Rule's requirements.3

    3 In a 2002 public comment, the National Funeral Directors Association asserted that nearly every funeral home had been providing consumers with some kind of final statement in writing even before the Rule took effect. Nonetheless, in an abundance of caution, staff continues to retain its prior estimate based on the original rulemaking record.

    According to the rulemaking record, the 13% of funeral providers who did not provide written documentation prior to enactment of the Rule are typically the smallest funeral homes. The written documentation requirement can be satisfied through the use of a standard form, an example of which the FTC has provided to all funeral providers in its compliance guide.4 Based on an estimate that these smaller funeral homes arrange, on average, approximately twenty funerals per year and that it would take each of them about three minutes to record prices for each consumer on the standard form, FTC staff estimates that the total burden associated with the written documentation requirement is one hour per provider, for a total of 2,512 hours [(19,322 funeral providers × 13%) × (20 statements per year × 3 minutes per statement)].

    4 The compliance guide is available at http://business.ftc.gov/documents/bus05-complying-funeral-rule.

    3. The Funeral Rule also requires funeral providers to answer telephone inquiries about the provider's offerings or prices. Information received in 2002 from the NFDA indicates that only about 12% of funeral purchasers make telephone inquiries, with each call lasting an estimated ten minutes.5 Thus, assuming that the average purchaser who makes telephone inquiries places one call per funeral to determine prices,6 the estimated burden is 52,528 hours (2,626,418 funerals per year × 12% × 10 minutes per inquiry). This burden likely will decline over time as consumers increasingly rely on the Internet for funeral price information.

    5 No more recent information thus far has been available. The Commission invites submission of more recent data or studies on this subject.

    6 Although consumers who pre-plan their own arrangements may comparison shop and call more than one funeral home for pricing and other information, consumers making “at need” arrangements after a death are less likely to take the time to seek pricing information from more than one home. Many fail to seek any pricing information by telephone. Staff therefore believes that an average of one call per funeral is a conservative assumption.

    In sum, the burden due to the Rule's disclosure requirements totals 103,345 hours (48,305 + 2,512 + 52,528).

    Training: In addition to the recordkeeping and disclosure-related tasks noted above, funeral homes may also have training requirements specifically attributable to the Rule. Staff believes that annual training burdens associated with the Rule should be minimal because Rule compliance is generally included in continuing education requirements for state licensing and voluntary certification programs. Staff estimates that, industry-wide, funeral homes would incur no more than 39,360 hours related to training specific to the Rule each year. This estimate is consistent with staff's assumption for the current clearance that an “average” funeral home consists of approximately five employees (full-time and part-time employment combined), but with no more than four of them having tasks specifically associated with the Funeral Rule. Staff retains its estimate that each of the four employees per firm would each require one-half hour, at most, per year, for such training.7 Thus, total estimated time for training is 38,644 hours (4 employees per firm × 1/2 hour × 19,322 providers).

    7 Funeral homes, depending on size and/or other factors, may be run by as few as one owner, manager, or other funeral director to multiple directors at various compensation levels. Extrapolating from past NFDA survey input, staff has theorized an “average” funeral home of approximately four employees (a funeral services manager, funeral director, embalmer, and a clerical receptionist) having tasks and training associated with Funeral Rule compliance. Compliance training for other employees (e.g., drivers, maintenance personnel, attendants) would not be necessary.

    Labor costs: Labor costs are derived by applying appropriate hourly cost figures to the burden hours described above. The hourly rates used below are averages.

    Clerical personnel, at an hourly rate of $11.69,8 can perform the recordkeeping tasks required under the Rule. Based on the estimated hours burden of 19,322 hours, estimated labor cost for recordkeeping is $225,874.

    8 Bureau of Labor Statistics, “May 2015 National Industry-Specific Occupational Employment and Wage Estimates, NAICS 812200—Death Care Services,” available at http://www.bls.gov/oes/current/naics4_812200.htm#11-0000. Clerical estimates are based on the mean hourly wage data for “receptionists and information clerks.”

    The two and one-half hours required of each provider, on average, to update price lists should consist of approximately one and one-half hours of managerial or professional time, at $40.65 per hour,9 and one hour of clerical time, at $11.69 per hour, for a total of $72.67 per provider [($40.65 per hour × 1.5 hours) + ($11.69 per hour × 1 hour)]. Thus, the estimated total labor cost burden for maintaining price lists is $1,404,130 ($72.67 per provider × 19,322 providers).

    9Id. Managerial or professional estimates are based on the mean hourly wage data for “funeral service managers.”

    The incremental cost to the 13% of small funeral providers who would not otherwise supply written documentation of the goods and services selected by the consumer, as previously noted, is 2,512 hours. Assuming managerial or professional time for these tasks at approximately $40.65 per hour, the associated labor cost would be $102,113.

    As previously noted, staff estimates that 52,528 hours of managerial or professional time is required annually to respond to telephone inquiries about prices.10 The associated labor cost at $40.65 per hour is $2,135,263.

    10 Although some funeral providers may permit staff who are not funeral directors to provide price information by telephone, the great majority reserve that task to a licensed funeral director. Since funeral home managers are also licensed funeral directors in most cases, we have used, conservatively, the mean hourly wage for “funeral service managers,” rather than “funeral directors,” for this calculation.

    Based on past consultations with funeral directors, FTC staff estimates that funeral homes will require no more than two hours of training per year of licensed and non-licensed funeral home staff to comply with the Funeral Rule,11 with four employees of varying types each spending one-half hour on training. Applying the assumptions stated above,12 FTC staff further assumes labor costing as follows for the affected employees' time for compliance training: (a) Funeral service manager ($40.65 per hour); (b) non-manager funeral director ($25.37; (c) embalmer ($19.95 per hour); and (d) a clerical receptionist or administrative staff member, at $11.69 per hour.13 This amounts to $943,493, cumulatively, for all funeral homes [($40.65 + $25.37 + $19.95 + $11.69) × 1/2 hour per employee × 19,322 funeral homes].

    11 Rule compliance is generally included in continuing education requirements for licensing and voluntary certification programs. Moreover, as noted above, the FTC provides its compliance guide to all funeral providers at no cost, and it is available on the FTC Web site. See supra note 4. Additionally, the NFDA provides online guidance for compliance with the Rule: http://www.nfda.org/onlinelearning-ftc.html.

    12See supra note 7 and accompanying text.

    13 Bureau of Labor Statistics, “May 2015 National Industry-Specific Occupational Employment and Wage Estimates, NAICS 812200—Death Care Services,” available at http://www.bls.gov/oes/current/naics4_812200.htm#11-0000 (mean hourly wages for funeral service manager, funeral director, embalmer). See supra note 8 and accompanying text regarding the mean hourly wage for “receptionists and information clerks.”

    The total labor cost of the three disclosure requirements imposed by the Funeral Rule is $3,641,506 ($1,404,130 + $102,113 + $2,135,263). The total labor cost for recordkeeping is $225,874. The total labor cost for disclosure, recordkeeping, and training is $4,810,873 ($3,641,506 for disclosure + $225,874 for recordkeeping + $943,493 for training).

    Capital or other non-labor costs: The Rule imposes minimal capital costs and no current start-up costs. The Rule first took effect in 1984 and the revised Rule took effect in 1994, so funeral providers should already have in place necessary equipment to carry out tasks associated with Rule compliance. Moreover, most funeral homes already have access, for other business purposes, to the ordinary office equipment needed for compliance, so the Rule likely imposes minimal additional capital expense.

    Compliance with the Rule, however, does entail some expense to funeral providers for printing and duplication of required disclosures. Assuming, as required by the Rule, that one copy of the general price list is provided to consumers for each funeral or cremation conducted, at a cost of 25¢ per copy,14 this would amount to 2,626,418 copies per year at a cumulative industry cost of $656,605 (2,626,418 funerals per year 15 × 25¢ per copy). In addition, the funeral providers that furnish consumers with a statement of funeral goods and services solely because of the Rule's mandate will incur additional printing and copying costs. Assuming that those 2,512 providers (19,322 funeral providers × 13%) use the standard two-page form shown in the compliance guide, at twenty-five cents per copy, at an average of twenty funerals per year, the added cost burden would be $12,560 (2,512 providers × 20 funerals per year × 25¢). Thus, estimated non-labor costs total $669,165 ($656,605 + 12,560).

    14 Although copies of the casket price list and outer burial container price list must be shown to consumers, the Rule does not require that they be given to consumers. Thus, the cost of printing a single copy of these two disclosures to show consumers is de minimis, and is not included in this estimate of printing costs. Moreover, the general price list need not exceed, and may be still shorter than, the two-page model provided in the compliance guide.

    15See supra note 2 and accompanying text.

    Request for Comment: Pursuant to Section 3506(c)(2)(A) of the PRA, the FTC invites comments on: (1) Whether the recordkeeping and disclosure requirements are necessary, including whether the resulting 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 ADDRESSES section above, and must be received on or before May 5, 2017.

    You can file a comment online or on paper. For the Commission to consider your comment, we must receive it on or before May 5, 2017. Write “Funeral Rule PRA Comment: FTC File No. P084401” 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 http://www.ftc.gov/os/publiccomments.shtm. As a matter of discretion, the Commission tries to remove individuals' home contact information from comments before placing them on the Commission Web site.

    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), 16 CFR 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 explained in FTC Rule 4.9(c).16 Your comment will be kept confidential only if the FTC General Counsel grants your request in accordance with the law and the public interest. Once your comment is posted, as legally required by FTC Rule 4.9(b), we cannot redact or remove your comment from the FTC's public record, including the FTC's Web site, unless you submit a confidentiality request that meets the requirements for such treatment under FTC Rule 4.9(c), and the General Counsel grants that request in accordance with the law and the public interest, as explained above.

    16 In particular, the written request for confidential treatment that accompanies the comment must include the factual and legal basis for the request, and must identify the specific portions of the comment to be withheld from the public record. See FTC Rule 4.9(c), 16 CFR 4.9(c).

    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 https://ftcpublic.commentworks.com/ftc/funeralrulepra, by following the instructions on the web-based form. If this Notice appears at http://www.regulations.gov/#!home, you also may file a comment through that Web site.

    If you file your comment on paper, write “Funeral Rule PRA Comment: FTC File No. P084401” on your comment and on the envelope, and mail your comment 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 5, 2017. For information on the Commission's privacy policy, including routine uses permitted by the Privacy Act, see http://www.ftc.gov/ftc/privacy.htm.

    David C. Shonka, Acting General Counsel.
    [FR Doc. 2017-04289 Filed 3-3-17; 8:45 am] BILLING CODE 6750-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Agency for Healthcare Research and Quality Supplemental Evidence and Data Request on Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factors AGENCY:

    Agency for Healthcare Research and Quality (AHRQ), HHS.

    ACTION:

    Request for Supplemental Evidence and Data Submissions.

    SUMMARY:

    The Agency for Healthcare Research and Quality (AHRQ) is seeking scientific information submissions from the public. Scientific information is being solicited to inform our review of Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factors, which is currently being conducted by the AHRQ's Evidence-based Practice Centers (EPC) Program. Access to published and unpublished pertinent scientific information will improve the quality of this review. AHRQ is conducting this systematic review pursuant to Section 902(a) of the Public Health Service Act, 42 U.S.C. 299a(a).

    DATES:

    Submission Deadline on or before April 5, 2017.

    ADDRESSES:

    Email submissions: [email protected]

    Print submissions: Mailing Address: Portland VA Research Foundation, Scientific Resource Center, ATTN: Scientific Information Packet Coordinator, P.O. Box 69539, Portland, OR 97239.

    Shipping Address (FedEx, UPS, etc.): Portland VA Research Foundation, Scientific Resource Center, ATTN: Scientific Information Packet Coordinator, 3710 SW U.S. Veterans Hospital Road, Mail Code: R&D 71, Portland, OR 97239.

    FOR FURTHER INFORMATION CONTACT:

    Ryan McKenna, Telephone: 503-220-8262 ext. 51723 or Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    The Agency for Healthcare Research and Quality has commissioned the Evidence-based Practice Centers (EPC) Program to complete a review of the evidence for Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factors.

    The EPC Program is dedicated to identifying as many studies as possible that are relevant to the questions for each of its reviews. In order to do so, we are supplementing the usual manual and electronic database searches of the literature by requesting information from the public (e.g., details of studies conducted). We are looking for studies that report on Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factors, including those that describe adverse events. The entire research protocol, including the key questions, is also available online at: https://www.effectivehealthcare.AHRQ.gov/index.cfm/search-for-guides-reviews-and-reports/?pageaction=displayproduct&productid=2428.

    This is to notify the public that the EPC Program would find the following information on Effects of Dietary Sodium and Potassium Intake on Chronic Disease Outcomes and Related Risk Factors helpful:

    A list of completed studies that your organization has sponsored for this indication. In the list, please indicate whether results are available on ClinicalTrials.gov along with the ClinicalTrials.gov trial number.

    For completed studies that do not have results on ClinicalTrials.gov, please provide a summary, including the following elements: Study number; study period; design, methodology; indication and diagnosis; proper use instructions; inclusion and exclusion criteria; primary and secondary outcomes; baseline characteristics; number of patients screened, eligible, enrolled, lost to follow up, withdrawn, and analyzed; as well as effectiveness and efficacy, and safety results.

    A list of ongoing studies that your organization has sponsored for this indication. In the list, please provide the ClinicalTrials.gov trial number or, if the trial is not registered, the protocol for the study including a study number, the study period, design, methodology, indication and diagnosis, proper use instructions, inclusion and exclusion criteria, and primary and secondary outcomes.

    Description of whether the above studies constitute ALL Phase II and above clinical trials sponsored by your organization for this indication and an index outlining the relevant information in each submitted file.

    Your contribution will be very beneficial to the EPC Program. The contents of all submissions will be made available to the public upon request. Materials submitted must be publicly available or able to be made public. Materials that are considered confidential; marketing materials; study types not included in the review; or information on indications not included in the review cannot be used by the EPC Program. This is a voluntary request for information, and all costs for complying with this request must be borne by the submitter.

    The draft of this review will be posted on AHRQ's EPC Program Web site and available for public comment for a period of 4 weeks. If you would like to be notified when the draft is posted, please sign up for the email list at: https://www.effectivehealthcare.ahrq.gov/index.cfm/join-the-email-list1/.

    The systematic review will answer the following questions. This information is provided as background. AHRQ is not requesting that the public provide answers to these questions.

    The Key Questions Sodium

    1. Among adults and children of all age groups (including both sexes and pregnant and lactating women), what is the effect (benefits and harms) of interventions to reduce dietary sodium intake on blood pressure at the time of the study and in later life?

    I. Do other minerals (e.g., potassium, calcium, magnesium) modify the effect of sodium?

    II. Among subpopulations defined by sex, race/ethnicity, age (children, adolescents, young adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, and obesity health status.

    2. Among adults and children, what is the association between dietary sodium intake and blood pressure?

    I. Among subpopulations defined by sex, race/ethnicity and age (children, adolescents, young adults, older adults, elderly).

    II. Among subpopulations defined by hypertension, diabetes, and obesity health status.

    3. Among adults, what is the effect (benefits and harms) of interventions to reduce dietary sodium intake on cardiovascular disease (CVD) and kidney disease morbidity and mortality and on total mortality?

    I. Do other minerals (e.g., potassium, calcium, magnesium) modify the effect of sodium?

    II. Among subpopulations defined by sex, race/ethnicity, age (adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, obesity and renal health status.

    4. Among adults, what is the association between dietary sodium intake and CVD, coronary heart disease (CHD), stroke and kidney disease morbidity and mortality and between dietary sodium intake and total mortality?

    I. Do other minerals (e.g., potassium, calcium, magnesium) modify the association with sodium?

    II. Among subpopulations defined by sex, race/ethnicity, age (adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, obesity and renal health status.

    Potassium

    5. Among children and adults, what is the effect of interventions to increase potassium intake on blood pressure and kidney stone formation?

    I. Do other minerals (e.g., sodium, calcium, magnesium) modify the effect of potassium?

    II. Among subpopulations defined by sex, race/ethnicity, age (children, adolescents, young adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, obesity and renal health status.

    6. Among children and adults, what is the association between potassium intake and blood pressure and kidney stone formation?

    I. Among subpopulations defined by sex, race/ethnicity, and age (children, adolescents, young adults, older adults, elderly).

    II. Among subpopulations defined by hypertension, diabetes, and obesity health status.

    7. Among adults, what is the effect of interventions aimed at increasing potassium intake on CVD, and kidney disease morbidity and mortality, and total mortality?

    I. Do other minerals modify the effect of potassium (e.g., sodium, calcium, magnesium)?

    II. Among subpopulations defined by sex, race/ethnicity, age (young adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, obesity and renal health status.

    8. Among adults, what is the association between dietary potassium intake and CVD, CHD, stroke and kidney disease morbidity and mortality and between dietary potassium and total mortality?

    I. Do other minerals (e.g., sodium, calcium, magnesium) modify the association with potassium?

    II. Among subpopulations defined by sex, race/ethnicity, age (young adults, older adults, elderly), and for women (pregnancy and lactation).

    III. Among subpopulations defined by hypertension, diabetes, and obesity health status.

    PICOTS (Populations, Interventions, Comparators, Outcomes, Timing, Settings) Key Question 1 I. Population

    A. Studies in human participants will be eligible for inclusion in the review, with the exception of studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer.

    II. Interventions

    A. Studies evaluating interventions to reduce dietary sodium intake that specify the oral consumption from food or supplements of quantified amounts of sodium and sodium chloride (salt) or sodium-to-potassium ratio will be eligible, with the exception of trial arms in which participants demonstrate a weight change of +/− 3% or more. Interventions simultaneously addressing sodium and potassium intake that document sodium/potassium ratio are eligible; all other multicomponent interventions in which the effect of sodium reduction cannot be disaggregated from other intervention components will be excluded.

    III. Comparators

    A. Studies comparing interventions to placebo or control diets will be eligible. Studies comparing an experimental diet to usual diet, studies comparing levels of sodium intake, or studies that alter sodium/potassium ratio in other ways will be included if they control for other nutrient levels.

    IV. Outcomes

    A. Studies reporting on blood pressure outcomes (e.g., systolic blood pressure, diastolic blood pressure, rate of hypertensive/non-hypertensive participants, incident hypertension, percent of participants at blood pressure goal, and change in blood pressure) will be eligible.

    V. Timing

    A. Studies reporting on an intervention period of at least four weeks will be eligible.

    VI. Setting

    A. Studies in outpatient settings will be eligible.

    VII. Study Design

    A. Parallel RCTs and cross-over RCTs with a washout period of two weeks or more will be eligible.

    Key Question 2 I. Population

    A. Studies in community-dwelling (non-institutionalized) human participants will be eligible for inclusion in the review with the exception of studies exclusively reporting on patients with pre-existing conditions specific to the clinical outcome of interest, as well as studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer.

    II. Exposure

    A. Studies that measure the intake (oral consumption from food or supplements of quantified amounts of sodium and sodium chloride [salt] or sodium-to-potassium ratio) with validated measures or that use biomarker values to assess sodium level (at least one 24-hour urinary analysis with or without reported quality control measure, chemical analysis of diet with intervention/exposure adherence measure, composition of salt substitute with intervention/exposure adherence measure, and food diaries with reported validation [adherence check, electronic prompts]) will be eligible. Observational studies that report a weight change of+/− 3% or more (in any exposure group) among adults; multicomponent studies that do not properly control for confounders; and studies relying only on serum sodium levels, composition of salt substitute without intervention/exposure adherence measure, food diaries without reported validation, use of a published food frequency questionnaire, or partial or spot urine without reported prediction equation will be excluded.

    III. Comparator

    A. Studies comparing groups with different documented sodium intake or biomarker values for sodium will be eligible. Studies where differences in sodium intake or values are confounded with alteration of other nutrient levels will be excluded.

    IV. Outcomes

    A. Studies reporting on blood pressure outcomes (e.g., systolic blood pressure, diastolic blood pressure, rate of hypertensive/non-hypertensive participants, incident hypertension, percent of participants at blood pressure goal, change in blood pressure) will be eligible. Studies that do not report baseline blood pressure status will be excluded.

    V. Timing

    A. Studies reporting on an intervention period of at least four weeks will be eligible.

    VI. Setting

    A. Studies in community-dwelling participants will be eligible.

    VII. Study Design

    A. Prospective cohort studies and nested case-control studies, where at least two groups are compared based on measured sodium intake or biomarker values will be eligible. Retrospective studies, case series, cross-sectional studies or surveys, and case reports will be excluded.

    Key Question 3 I. Population

    A. Studies in human adults will be eligible for inclusion in the review. Studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer will be excluded.

    II. Intervention

    A. Studies evaluating interventions to reduce dietary sodium intake that specify the oral consumption from food or supplements of quantified amounts of sodium and sodium chloride (salt) or sodium-to-potassium ratio will be eligible. Studies with trial arms in which participants demonstrate a weight change of +/− 3% or more will be excluded. Interventions simultaneously addressing sodium and potassium intake with documents sodium/potassium ratio are eligible. All other multicomponent interventions in which the effect of sodium reduction cannot be disaggregated from other intervention components will be excluded.

    III. Comparators

    A. Studies comparing interventions to placebo or control diets will be eligible. Studies comparing an experimental diet to usual diet, studies comparing levels of sodium intake, or studies that alter sodium/potassium ratio in other ways will be included if they control for other nutrient levels.

    IV. Outcomes

    A. Studies reporting on mortality (all-cause, CVD, CHD, or renal); cardiovascular disease morbidity, including acute coronary syndrome (unstable angina and myocardial infarction), stroke, myocardial infarction (ST-segment elevation myocardial infarction [STEMI] and non-ST elevation myocardial infarction [NSTEMI]), requiring coronary revascularization procedures (angioplasty, coronary stent placement, coronary artery bypass), other atherosclerotic revascularization procedures (carotid endarterectomy), left ventricular hypertrophy, hospitalization for heart failure, hospitalization for any cause of coronary heart disease or cardiovascular disease, or combined CVD morbidity and mortality; or reporting on renal function intermediary and clinical outcomes including creatinine clearance (CrCl), serum creatinine (SCr), glomerular filtration rate (GFR), end stage renal disease, chronic kidney disease (CKD), albuminuria or proteinuria (including urine albumin-to-creatinine ratio, urine albumin dipstick level, urine protein-to-creatinine ratio, albumin excretion rate), kidney stone incidence, or acute kidney injury will be eligible.

    V. Timing

    A. Only interventions of two years or longer will be included for kidney disease outcomes; only interventions of three months or longer will be included for cardiovascular disease outcomes; all other studies need to report on an intervention period of at least four weeks to be eligible.

    VI. Setting

    A. Studies in outpatient settings will be eligible.

    VII. Study Design

    A. Parallel RCTs and cross-over RCTs with a washout period of two weeks or more will be eligible.

    Key Question 4 I. Population

    A. Studies in community-dwelling (non-institutionalized) adults will be eligible for inclusion in the review with the exception of studies exclusively reporting on patients with pre-existing conditions specific to the clinical outcomes of interest, as well as studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer.

    II. Exposure

    A. Studies that measure the intake (oral consumption from food or supplements of quantified amounts of sodium and sodium chloride [salt] or sodium-to-potassium ratio) with validated measures or use biomarker values to assess sodium level (at least one 24-hour urinary analysis with or without reported quality control measure, chemical analysis of diet with intervention/exposure adherence measure, composition of salt substitute with intervention/exposure adherence measure, and food diaries with reported validation [adherence check, electronic prompts]) will be eligible. Observational studies that report a weight change of+/− 3% or more (in any exposure group) among adults; multicomponent studies that do not properly control for confounders; and studies relying only on serum sodium levels, composition of salt substitute without intervention/exposure adherence measure, food diaries without reported validation, use of a published food frequency questionnaire, or partial or spot urine without reported prediction equation will be excluded.

    III. Comparator

    A. Studies comparing groups with different documented sodium intake or biomarker values for sodium will be eligible. Studies where differences in sodium intake or values are confounded with alteration of other nutrient levels will be excluded.

    IV. Outcomes

    A. Studies reporting on mortality (all-cause, CVD, CHD, or renal); cardiovascular mortality; cardiovascular disease morbidity, including coronary heart disease (CHD), acute coronary syndrome (unstable angina and myocardial infarction), stroke, myocardial infarction (ST-segment elevation myocardial infarction [STEMI] and non-ST elevation myocardial infarction [NSTEMI]), requiring coronary revascularization procedures (angioplasty, coronary stent placement, coronary artery bypass), other atherosclerotic revascularization procedures (carotid endarterectomy), left ventricular hypertrophy, hospitalization for heart failure, or hospitalization for any cause of coronary heart disease or cardiovascular disease, or combined CVD morbidity and mortality; or reporting on renal function intermediary and clinical outcomes including creatinine clearance (CrCl), serum creatinine (SCr), glomerular filtration rate (GFR), end stage renal disease, chronic kidney disease (CKD), albuminuria/proteinuria (including, urine albumin-to-creatinine ratio, urine albumin dipstick level, urine protein-to-creatinine ratio, albumin excretion rate), acute kidney injury will be eligible. Studies that do not report baseline data for the outcomes of interest will be excluded.

    V. Timing

    A. Studies reporting exclusively on kidney disease outcomes need to report follow up periods of at least two years, studies reporting exclusively on cardiovascular disease outcomes or stroke need to report on follow up periods of at least 12 months duration; studies reporting on other outcomes need to evaluate exposure lasting at least four weeks to be eligible.

    VI. Setting

    A. Studies in community-dwelling participants will be eligible.

    VII. Study Design

    A. Prospective cohort studies and nested case-control studies, where at least two groups are compared based on measured sodium intake or biomarker values will be eligible. Retrospective studies, case series, cross-sectional studies or surveys, and case reports will be excluded.

    Key Question 5 I. Population

    A. Studies in human participants will be eligible for inclusion in the review; studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer will be excluded.

    II. Interventions

    A. Studies evaluating interventions to increase dietary potassium intake that specify the oral consumption from food or supplements of quantified amounts of potassium, potassium supplements, salt substitutes such as potassium chloride, or sodium-to-potassium ratio will be eligible, with the exception of trial arms in which participants demonstrate a weight change of +/− 3% or more among adults. Interventions simultaneously addressing sodium and potassium intake with documents sodium/potassium ratio are eligible; all other multicomponent interventions in which the effect of sodium reduction cannot be disaggregated from other intervention components will be excluded.

    III. Comparators

    A. Studies comparing interventions to placebo or control diets will be eligible. Studies comparing an experimental diet to usual diet, studies comparing levels of potassium intake, or studies that alter sodium/potassium ratio in other ways will be included if they control for other nutrient levels.

    IV. Outcomes

    A. Studies reporting on blood pressure outcomes (e.g., systolic blood pressure, diastolic blood pressure, rate of hypertensive/non-hypertensive participants, hypertension incidence, percent of participants at blood pressure goal, change in blood pressure) and incident kidney stones or kidney stone regrowth will be eligible.

    V. Timing

    A. Studies reporting exclusively on kidney stone formation need to report on an intervention period of two years; all other studies need to report on an intervention period of at least four weeks to be eligible.

    VI. Setting

    A. Studies in outpatient settings will be eligible.

    VII. Study Design

    A. Parallel RCTs and cross-over RCTs with a washout period of two weeks or more will be eligible.

    Key Question 6 I. Population

    A. Studies in community-dwelling (non-institutionalized) human participants will be eligible for inclusion in the review; studies reporting exclusively on patients with pre-existing conditions specific to the clinical outcomes of interest, as well as studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer will be excluded.

    II. Exposure

    A. Studies that measure intake (oral consumption from food or supplements of quantified amounts of potassium, potassium supplements, salt substitutes such as potassium chloride, or sodium-to-potassium ratio) with validated measures or use biomarkers values to assess potassium level (at least one 24-hour urinary analysis with or without reported quality control measure, chemical analysis of diet with intervention/exposure adherence measure, composition of potassium supplement with intervention/exposure adherence measure, use of a published food frequency questionnaire, and food diaries) will be eligible. Observational studies that report a weight change of+/− 3% or more (in any exposure group) among adults; multicomponent studies that do not properly control for confounders; and studies measuring potassium intake by reporting chemical analysis of diet without intervention/exposure adherence measures, composition of potassium supplement without intervention/exposure measure, or serum potassium will be excluded.

    III. Comparator

    A. Studies comparing groups with different documented potassium intake, serum potassium levels, or urinary potassium excretion will be eligible. Studies where differences in potassium intake or values are confounded with alteration of other nutrient levels will be excluded.

    IV. Outcomes

    A. Studies reporting on blood pressure outcomes (e.g., systolic blood pressure, diastolic blood pressure, rate of hypertensive/non-hypertensive participants, hypertension incidence, percent of participants at blood pressure goal, change in blood pressure), and kidney stone incident or kidney stone regrowth will be eligible. Studies that do not report baseline blood pressure status and the presence or absence of kidney stones will be excluded.

    V. Timing

    A. Studies exclusively reporting on kidney stone formation need to follow participants for at least five years; all other studies need to report on exposure of at least four weeks to be eligible.

    VI. Setting

    A. Studies in community-dwelling participants will be eligible.

    VII. Study Design

    A. Prospective cohort studies and nested case-control studies, where at least two groups are compared based on measured potassium intake or biomarker values will be eligible. Retrospective studies, case series, cross-sectional studies or surveys, and case reports will be excluded.

    Key Question 7 I. Population

    A. Studies in adults will be eligible for inclusion in the review; studies reporting exclusively on patients with heart failure, end stage renal disease, HIV, or cancer will be excluded.

    II. Interventions

    A. Studies evaluating interventions to increase dietary potassium intake that specify the oral consumption from food or supplements of quantified amounts of potassium, potassium supplements, salt substitutes such as potassium chloride, or sodium-to-potassium ratio will be eligible, with the exception of trial arms in which participants demonstrate a weight change of +/− 3% or more. Interventions simultaneously addressing sodium and potassium intake with documents sodium/potassium ratio are eligible; all other multicomponent interventions in which the effect of sodium reduction cannot be disaggregated from other intervention components will be excluded.

    III. Comparators

    A. Studies comparing interventions to placebo or control diets will be eligible. Studies comparing an experimental diet to usual diet, studies comparing levels of potassium intake, or studies that alter sodium/potassium ratio in other ways will be included if they control for other nutrient levels.

    IV. Outcomes

    A. Studies reporting on mortality (all-cause, CVD, CHD, or renal); cardiovascular disease morbidity, including acute coronary syndrome (unstable angina and myocardial infarction), stroke, myocardial infarction (ST-segment elevation myocardial infarction [STEMI] and non-ST elevation myocardial infarction [NSTEMI]), requiring coronary revascularization procedures (angioplasty, coronary stent placement, coronary artery bypass), other atherosclerotic revascularization procedures (carotid endarterectomy), left ventricular hypertrophy, hospitalization for heart failure, or hospitalization for any cause of coronary heart disease or cardiovascular disease, or combined CVD morbidity and mortality; or reporting on renal function intermediary and clinical outcomes including creatinine clearance (CrCl), serum creatinine (SCr), glomerular filtration rate (GFR), end stage renal disease, chronic kidney disease (CKD), albuminuria or proteinuria (including urine albumin-to-creatinine ratio, urine albumin dipstick level, urine protein-to-creatinine ratio, albumin excretion rate), kidney stone incidence, or acute kidney injury will be eligible.

    V. Timing

    A. Studies reporting exclusively on kidney disease outcomes need to report on an intervention period of two years, studies reporting on cardiovascular disease or stroke need to report on an intervention period of three months; all other studies need to report on an intervention period of at least four weeks to be eligible.

    VI. Setting

    A. Studies in outpatient settings will be eligible.

    VII. Study Design

    A. Parallel RCTs and cross-over RCTs with a washout period of two weeks or more will be eligible.

    Key Question 8 I. Population

    A. Studies in community-dwelling (non-institutionalized) adults will be eligible for inclusion in the review with the exception of studies exclusively reporting on patients with pre-existing conditions specific to the clinical outcomes of interest, as well as studies exclusively reporting on patients with end stage renal disease, heart failure, HIV, or cancer.

    II. Exposure

    A. Studies that measure intake (oral consumption from food or supplements of quantified amounts of potassium, potassium supplements, salt substitutes such as potassium chloride, or sodium-to-potassium ratio) with validated measures or use biomarkers values to assess potassium level (at least one 24-hour urinary analysis with or without reported quality control measure, chemical analysis of diet with intervention/exposure adherence measure, composition of potassium supplement with intervention/exposure adherence measure, use of a published food frequency questionnaire, and food diaries) will be eligible. Observational studies that report a weight change of+/− 3% or more (in any exposure group) among adults; multicomponent studies that do not properly control for confounders; and studies measuring potassium intake by reporting chemical analysis of diet without intervention/exposure adherence measures, composition of potassium supplement without intervention/exposure measure, or serum potassium will be excluded.

    III. Comparator

    A. Studies comparing groups with different documented potassium intake, serum potassium levels, or urinary potassium excretion will be eligible. Studies where differences in potassium intake or values are confounded with alteration of other nutrient levels will be excluded.

    IV. Outcomes

    A. Studies reporting on mortality (all-cause, CVD, CHD, or renal); cardiovascular disease morbidity, including coronary heart disease (CHD), acute coronary syndrome (unstable angina and myocardial infarction), stroke, myocardial infarction (ST-segment elevation myocardial infarction [STEMI] and non-ST elevation myocardial infarction [NSTEMI]), requiring coronary revascularization procedures (angioplasty, coronary stent placement, coronary artery bypass), other atherosclerotic revascularization procedures (carotid endarterectomy), left ventricular hypertrophy, hospitalization for heart failure, or hospitalization for any cause of coronary heart disease or cardiovascular disease, or combined CVD morbidity and mortality; or reporting on renal function intermediary and clinical outcomes including creatinine clearance (CrCl), serum creatinine (SCr), glomerular filtration rate (GFR), end stage renal disease, chronic kidney disease (CKD), albuminuria/proteinuria (including urine albumin-to-creatinine ratio, urine albumin dipstick level, urine protein-to-creatinine ratio, albumin excretion rate), kidney stone incidence, or acute kidney injury will be eligible. Studies that do not report baseline data on the outcomes of interest will be excluded.

    V. Timing

    A. Studies reporting exclusively on kidney stone formation need to follow participants for at least five years, studies reporting exclusively on kidney disease need to follow participants for at least two years, studies reporting exclusively on cardiovascular disease or stroke need to follow patients for at least 12 months; all other studies need to report on an exposure period of at least four weeks to be eligible.

    VI. Setting

    A. Studies in community-dwelling participants will be eligible.

    VII. Study Design

    A. Prospective cohort studies and nested case-control studies, where at least two groups are compared based on measured potassium intake or biomarker values will be eligible. Retrospective studies, case series, cross-sectional studies or surveys, and case reports will be excluded.

    Sharon B. Arnold, Acting AHRQ Director.
    [FR Doc. 2017-04193 Filed 3-3-17; 8:45 am] BILLING CODE 4160-90-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Administration on Intellectual and Developmental Disabilities, President's Committee for People With Intellectual Disabilities AGENCY:

    Administration for Community Living, HHS.

    ACTION:

    Notice.

    DATES:

    Thursday, March 23, 2017 from 8:30 a.m. to 5:00 p.m.; and Friday, March 24, 2017 from 9:00 a.m. to 3:00 p.m.

    These meetings will be open to the general public.

    ADDRESSES:

    These meetings will be held in U.S. Department of Health and Human Services/Hubert H. Humphrey Building located at 200 Independence Avenue SW., Conference Room 705A, Washington, DC 20201. Individuals who would like to participate via conference call may do so by dialing toll-free #: 1-800-779-4694, when prompted enter pass code: 4511687. Individuals whose full participation in the meeting will require special accommodations (e.g., sign language interpreting services, assistive listening devices, materials in alternative format such as large print or Braille) should notify Ms. Allison Cruz, Director, Office of Innovation, via email at [email protected], or via telephone at 202-795-7334, no later than Monday, March 6, 2017. The PCPID will attempt to accommodate requests made after this date, but cannot guarantee the ability to grant requests received after the deadline. All meeting sites are barrier free, consistent with the Americans with Disabilities Act (ADA) and the Federal Advisory Committee Act (FACA).

    AGENDA:

    The Committee Members will discuss preparation of the PCPID 2017 Report to the President, including its content and format, and related data collection and analysis required to complete the writing of the Report.

    ADDITIONAL INFORMATION:

    For further information, please contact Ms. Allison Cruz, Director, Office of Innovation, 330 C Street SW., Switzer Building, Room 1114, Washington, DC 20201. Telephone: 202-795-7334. Fax: 202-795-7334. Email: [email protected].

    SUPPLEMENTARY INFORMATION:

    The PCPID acts in an advisory capacity to the President and the Secretary of Health and Human Services on a broad range of topics relating to programs, services and support for individuals with intellectual disabilities. The PCPID executive order stipulates that the Committee shall: (1) Provide such advice concerning intellectual disabilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the following for people with intellectual disabilities: (A) Expansion of educational opportunities; (B) promotion of homeownership; (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally designed technologies.

    Dated: February 27, 2017. Bob Williams, Acting Designated Federal Official, PCPID, Administration on Disabilities (AoD).
    [FR Doc. 2017-04165 Filed 3-3-17; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Community Living Agency Information Collection Activities; Proposed Collection; Public Comment Request; Extension of a Currently Approved Information Collection (ICR-REV); Centers for Independent Living Annual Performance Report (CILPPR); Correction AGENCY:

    Independent Living Administration, Administration for Community Living, HHS.

    ACTION:

    Notice of correction.

    SUMMARY:

    The Administration for Community Living published a proposed collection of information document in the Federal Register on February 23, 2017. (82 FR 11471 and 11472) The document contained an incorrect date and email address. In addition under the heading “New Requirements”, the first paragraph was revised.

    FOR FURTHER INFORMATION CONTACT:

    Corinna Styles, 202-795-7446.

    Corrections:

    Under the DATES section, page 11471, column two, correct the notice to read: “Submit written or electronic comments on the collection of information by May 5, 2017.”

    Under the ADDRESSES section, page 11471, column two, correct the notice to read: “Submit electronic comments on the collection of information to: [email protected]”.

    Under the heading “New Requirements”, the first paragraph, page 11472, column one, replace the first paragraph with the following paragraph below:

    “The Workforce Innovation and Opportunity Act (WIOA), enacted on July 22, 2014, added a new core service to the list of “independent living core services” that ACL funded Centers for Independent Living (CILs) are required to provide. Prior to WIOA, CILs were required to provide the following core services: (1) Information and referral services; (2) independent living skills training; (3) peer counseling, including cross-disability peer counseling; (4) and individual and systems advocacy. WIOA added additional “transition and diversion” core services comprised of three components. It requires CILs to:”.

    Dated: February 24, 2017. Daniel P. Berger, Acting Administrator and Assistant Secretary for Aging.
    [FR Doc. 2017-04169 Filed 3-3-17; 8:45 am] BILLING CODE 4154-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-0136] Public Meeting on Patient-Focused Drug Development for Autism; Request for Comments AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice of public meeting; request for comments.

    SUMMARY:

    The Food and Drug Administration (FDA, the Agency, or we) is announcing a public meeting and an opportunity for public comment on Patient-Focused Drug Development for autism. Patient-Focused Drug Development is part of FDA's performance commitments made as part of the fifth authorization of the Prescription Drug User Fee Act (PDUFA V). The public meeting is intended to allow FDA to obtain patient perspectives on the impact of autism on daily life as well as patient views on treatment approaches for autism.

    DATES:

    The public meeting will be held on May 4, 2017, from 1 p.m. to 5 p.m. Registration to attend the meeting must be received by April 24, 2017 (see SUPPLEMENTARY INFORMATION for instructions). Submit either electronic or written comments on the public meeting by July 5, 2017. Late, untimely filed comments will not be considered. Electronic comments must be submitted on or before July 5, 2017. The https://www.regulations.gov electronic filing system will accept comments until midnight Eastern Time at the end of July 5, 2016. Comments received by mail/hand delivery/courier (for written paper submissions) will be considered timely if they are postmarked or the delivery service acceptance receipt is on or before that date. See the SUPPLEMENTARY INFORMATION section for registration date and information.

    ADDRESSES:

    The public meeting will be held at the FDA White Oak Campus, 10903 New Hampshire Ave., Bldg. 31 Conference Center, the Great Room (Rm. 1503), Silver Spring, MD 20993-0002. Entrance for the public meeting participants (non-FDA employees) is through Building 1 where routine security check procedures will be performed. For more information on parking and security procedures, please refer to http://www.fda.gov/AboutFDA/WorkingatFDA/BuildingsandFacilities/WhiteOakCampusInformation/ucm241740.htm.

    You may submit comments as follows:

    Electronic Submissions

    Submit electronic comments in the following way:

    Federal eRulemaking Portal: https://www.regulations.gov. Follow the instructions for submitting comments. Comments submitted electronically, including attachments, to https://www.regulations.gov will be posted to the docket unchanged. Because your comment will be made public, you are solely responsible for ensuring that your comment does not include any confidential information that you or a third party may not wish to be posted, such as medical information, your or anyone else's Social Security number, or confidential business information, such as a manufacturing process. Please note that if you include your name, contact information, or other information that identifies you in the body of your comments, that information will be posted on https://www.regulations.gov.

    • If you want to submit a comment with confidential information that you do not wish to be made available to the public, submit the comment as a written/paper submission and in the manner detailed (see “Written/Paper Submissions” and “Instructions”).

    Written/Paper Submissions

    Submit written/paper submissions as follows:

    Mail/Hand delivery/Courier (for written/paper submissions): Division of Dockets Management (HFA-305), Food and Drug Administration, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    • 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.”

    Instructions: All submissions received must include the Docket No. FDA-2017-N-0136 for “Public Meeting on Patient-Focused Drug Development for Autism.” Received comments, those filed in a timely manner (see DATES), will be placed in the docket and, except for those submitted as “Confidential Submissions,” publicly viewable at https://www.regulations.gov or at the Division of Dockets Management between 9 a.m. and 4 p.m., Monday through Friday.

    • Confidential Submissions—To submit a comment with confidential information that you do not wish to be made publicly available, submit your comments only as a written/paper submission. You should submit two copies total. One copy will include the information you claim to be confidential with a heading or cover note that states “THIS DOCUMENT CONTAINS CONFIDENTIAL INFORMATION.” The Agency will review this copy, including the claimed confidential information, in its consideration of comments. The second copy, which will have the claimed confidential information redacted/blacked out, will be available for public viewing and posted on https://www.regulations.gov. Submit both copies to the Division of Dockets Management. If you do not wish your name and contact information to be made publicly available, you can provide this information on the cover sheet and not in the body of your comments and you must identify this information as “confidential.” Any information marked as “confidential” will not be disclosed except in accordance with 21 CFR 10.20 and other applicable disclosure law. For more information about FDA's posting of comments to public dockets, see 80 FR 56469, September 18, 2015, or access the information at: https://www.thefederalregister.org/fdsys/pkg/FR-2015-09-18/pdf/2015-23389.pdf.

    Docket: For access to the docket to read background documents or the electronic and written/paper comments received, go to https://www.regulations.gov and insert the docket number, found in brackets in the heading of this document, into the “Search” box and follow the prompts and/or go to the Division of Dockets Management, 5630 Fishers Lane, Rm. 1061, Rockville, MD 20852.

    FDA will post the agenda approximately 5 days before the meeting at: http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm529043.htm.

    FOR FURTHER INFORMATION CONTACT:

    Shanon Woodward, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 1141, Silver Spring, MD 20993-0002, 240-402-6167, FAX: 301-847-8443, [email protected]

    SUPPLEMENTARY INFORMATION: I. Background on Patient-Focused Drug Development

    FDA has selected autism as the focus of a public meeting under Patient-Focused Drug Development, an initiative that involves obtaining a better understanding of patient perspectives on the severity of a disease and the available therapies for that condition. Patient-Focused Drug Development is being conducted to fulfill FDA performance commitments that are part of the reauthorization of the PDUFA under Title I of the Food and Drug Administration Safety and Innovation Act (Pub. L. 112-144). The full set of performance commitments is available at http://www.fda.gov/downloads/forindustry/userfees/prescriptiondruguserfee/ucm270412.pdf.

    FDA committed to obtain the patient perspective on at least 20 disease areas during the course of PDUFA V. For each disease area, the Agency is conducting a public meeting to discuss the disease and its impact on patients' daily lives, the types of treatment benefit that matter most to patients, and patients' perspectives on the adequacy of the available therapies. These meetings will include participation of FDA review divisions, the relevant patient communities, and other interested stakeholders.

    On April 11, 2013, FDA published a notice in the Federal Register (78 FR 08441) announcing the disease areas for meetings in fiscal years (FYs) 2013-2015, the first 3 years of the 5-year PDUFA V time frame. The Agency used several criteria outlined in that notice to develop the list of disease areas. FDA obtained public comment on the Agency's proposed criteria and potential disease areas through a public docket and a public meeting that was convened on October 25, 2012. In selecting the set of disease areas, FDA carefully considered the public comments received and the perspectives of review divisions at FDA. FDA initiated a second public process for determining the disease areas for FY 2016-2017, and published a notice in the Federal Register on July 2, 2015, announcing the selection of eight disease areas. More information, including the list of disease areas and a general schedule of meetings, is posted at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm347317.htm.

    II. Purpose and Scope of the Meeting

    As part of Patient-Focused Drug Development, FDA will obtain input of patients and patient representatives on the symptoms of autism that matter most to patients and on current approaches to treating autism. Autism is a neurodevelopmental disorder characterized in varying degrees by difficulties with social interaction, verbal and non-verbal communication challenges, and repetitive behavior patterns. FDA has approved products for irritability related to autism including risperidone and aripiprazole. In addition to pharmacological treatments, behavioral and educational interventions are also common treatment options. FDA is interested in the perspectives of patients with autism and caregivers on (1) symptoms and the daily impacts of their condition, (2) current approaches to treatment, and (3) decision factors taken into account when selecting a treatment.

    The questions that will be asked of patients and patient representatives at the meeting are listed in this section, organized by topic. For each topic, a brief initial patient/caregiver panel discussion will begin the dialogue. This will be followed by a facilitated discussion inviting comments from other patient and patient representative participants. In addition to input generated through this public meeting, FDA is interested in receiving patient input addressing these questions through written comments, which can be submitted to the public docket (see ADDRESSES).

    Topic 1: Disease Symptoms and Daily Impacts That Matter Most to Patients

    (1) Of all the symptoms that you/your child experiences because of the condition, which 1-3 symptoms have the most significant impact on your/your child's life? (Examples may include behavioral symptoms, difficulty with motor coordination, difficulty sleeping, difficulty concentrating, seizures, etc.)

    (2) Are there specific activities that are important to you/your child but that you/your child cannot do at all or as fully as you would like because of these symptoms? (Examples of activities may include sleeping through the night, daily hygiene, eating, dressing, participation in sports or social activities, etc.)

    (a) How do these symptoms and their negative impacts affect daily life on the best days? On the worst days?

    (3) How has your/your child's condition and its symptoms changed over time?

    (4) What worries you/your child most about your/your child's condition?

    Topic 2: Patients' Perspectives on Current Approaches to Treating

    (1) What are you/your child currently doing to help treat the condition or its symptoms? (Examples may include prescription medicines, over-the-counter products, and other therapies including non-drug therapies such as behavioral interventions)

    (a) How has your/your child's treatment regimen changed over time, and why?

    (2) How well does your/your child's current treatment regimen treat the most significant symptoms of the condition?

    (a) How well do your/your child's treatments address specific activities that are important to you/your child's daily life?

    (b) How well have these treatments worked for you/your child as the condition has changed over time? Which symptoms are not addressed as well?

    (3) What are the most significant downsides to your/your child's current treatments, and how do they affect your daily life? (Examples of downsides may include bothersome side effects, interacts with other medications, time devoted to treatment, etc.)

    (4) What specific things would you look for in an ideal treatment for your/your child's condition?

    (a) What would you consider to be a meaningful improvement (for example symptom improvements or functional improvements) in your/your child's condition that a treatment could provide?

    (5) What factors do you/your child take into account when making decisions about selecting a course of treatment?

    (a) What information on potential benefits of these treatments factors most into your/your child's decision?

    (b) How do you/your child weigh the potential benefits of these treatments versus the common side effects of the treatments? (Common side effects could include headache, nausea, fatigue, weight gain)

    (c) How do you/your child weigh potential benefits of these treatments versus the less common but serious risks associated with the treatments? (Examples of less common but serious risks are infections, organ damage or failure, suicidal thoughts)

    III. Meeting Attendance and Participation

    If you wish to attend this meeting, visit https://autismpfdd.eventbrite.com. Persons interested in attending this public meeting must register by April 24, 2017. If you are unable to attend the meeting in person, you can register to view a live Webcast of the meeting. You will be asked to indicate in your registration if you plan to attend in person or via the Webcast. Registration is free and based on space availability, with priority given to early registrants. Early registration is recommended because seating is limited; therefore, FDA may limit the number of participants from each organization. Registrants will receive confirmation once they have been accepted. Onsite registration on the day of the meeting will be based on space availability. If you need special accommodations because of a disability, please contact Shanon Woodward (see FOR FURTHER INFORMATION CONTACT) at least 7 days before the meeting.

    Patients and patient representatives who are interested in presenting comments as part of the initial panel discussions will be asked to indicate in their registration which topic(s) they wish to address. These patients and patient representatives also must send to [email protected] a brief summary of responses to the topic questions by April 17, 2017. Panelists will be notified of their selection approximately 7 days before the public meeting. We will try to accommodate all patients and patient representatives who wish to speak, either through the panel discussion or audience participation; however, the duration of comments may be limited by time constraints.

    Transcripts: Please be advised that as soon as a transcript is available, it will be accessible at https://www.regulations.gov. It may be viewed at the Division of Dockets Management (see ADDRESSES). A link to the transcript will also be available on the Internet at http://www.fda.gov/ForIndustry/UserFees/PrescriptionDrugUserFee/ucm529043.htm.

    Dated February 28, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-04229 Filed 3-3-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2016-P-1725] Determination That FLONASE (Fluticasone Propionate) Nasal Spray, 0.05 Milligram, Was Not Withdrawn From Sale for Reasons of Safety or Effectiveness AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA or Agency) has determined that prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 milligram (mg), was not withdrawn from sale for reasons of safety or effectiveness. This determination means that FDA will not begin procedures to withdraw approval of abbreviated new drug applications (ANDAs) that refer to this drug product, and this determination will allow FDA to continue to approve ANDAs for fluticasone propionate nasal spray, 0.05 mg, if all other legal and regulatory requirements are met.

    FOR FURTHER INFORMATION CONTACT:

    David Faranda, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Bldg. 51, Rm. 6208, Silver Spring, MD 20993-0002, 301-796-8767.

    SUPPLEMENTARY INFORMATION:

    In 1984, Congress enacted the Drug Price Competition and Patent Term Restoration Act of 1984 (Pub. L. 98-417) (the 1984 amendments), which authorized the approval of duplicate versions of drug products under an ANDA procedure. ANDA applicants must, with certain exceptions, show that the drug for which they are seeking approval contains the same active ingredient in the same strength and dosage form as the “listed drug,” which is a version of the drug that was previously approved. ANDA applicants do not have to repeat the extensive clinical testing otherwise necessary to gain approval of a new drug application (NDA).

    The 1984 amendments include what is now section 505(j)(7) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(j)(7)), which requires FDA to publish a list of all approved drugs. FDA publishes this list as part of the “Approved Drug Products With Therapeutic Equivalence Evaluations,” which is known generally as the “Orange Book.” Under FDA regulations, drugs are removed from the list if the Agency withdraws or suspends approval of the drug's NDA or ANDA for reasons of safety or effectiveness, or if FDA determines that the listed drug was withdrawn from sale for reasons of safety or effectiveness (21 CFR 314.162).

    A person may petition the Agency to determine, or the Agency may determine on its own initiative, whether a listed drug was withdrawn from sale for reasons of safety or effectiveness. This determination may be made at any time after the drug has been withdrawn from sale, but must be made prior to approving an ANDA that refers to the listed drug (§ 314.161 (21 CFR 314.161)). FDA may not approve an ANDA that does not refer to a listed drug.

    Prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, is the subject of NDA 020121, held by GlaxoSmithKline, and initially approved on October 19, 1994. FLONASE is indicated for the management of the nasal symptoms of perennial nonallergic rhinitis in adult and pediatric patients aged 4 years and older.

    In a letter dated May 25, 2016, GlaxoSmithKline notified FDA that prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, was being discontinued, and FDA moved the drug product to the “Discontinued Drug Product List” section of the Orange Book.

    Lachman Consultant Services, Inc., submitted a citizen petition dated June 20, 2016 (Docket No. FDA-2016-P-1725), under 21 CFR 10.30, requesting that the Agency determine whether prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, was withdrawn from sale for reasons of safety or effectiveness.

    After considering the citizen petition and reviewing Agency records and based on the information we have at this time, FDA has determined under § 314.161 that prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, was not withdrawn for reasons of safety or effectiveness. The petitioner has identified no data or other information suggesting that this drug product was withdrawn for reasons of safety or effectiveness. We have carefully reviewed our files for records concerning the withdrawal of prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, from sale. We have also independently evaluated relevant literature and data for possible postmarketing adverse events. We have found no information that would indicate that this drug product was withdrawn from sale for reasons of safety or effectiveness.

    Accordingly, the Agency will continue to list prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, in the “Discontinued Drug Product List” section of the Orange Book. The “Discontinued Drug Product List” delineates, among other items, drug products that have been discontinued from marketing for reasons other than safety or effectiveness. ANDAs that refer to prescription FLONASE (fluticasone propionate) Nasal Spray, 0.05 mg, may be approved by the Agency as long as they meet all other legal and regulatory requirements for the approval of ANDAs. If FDA determines that labeling for this drug product should be revised to meet current standards, the Agency will advise ANDA applicants to submit such labeling.

    Dated: February 28, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-04231 Filed 3-3-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Food and Drug Administration [Docket No. FDA-2017-N-0809] Issuance of Priority Review Voucher; Rare Pediatric Disease Product AGENCY:

    Food and Drug Administration, HHS.

    ACTION:

    Notice.

    SUMMARY:

    The Food and Drug Administration (FDA) is announcing the issuance of a priority review voucher to the sponsor of a rare pediatric disease product application. The Federal Food, Drug, and Cosmetic Act (FD&C Act), as amended by the Food and Drug Administration Safety and Innovation Act (FDASIA), authorizes FDA to award priority review vouchers to sponsors of rare pediatric disease product applications that meet certain criteria. FDA has determined that SPINRAZA (nusinersen), manufactured by Biogen Inc., meets the criteria for a priority review voucher.

    FOR FURTHER INFORMATION CONTACT:

    Larry Bauer, Rare Diseases Program, Center for Drug Evaluation and Research, Food and Drug Administration, 10903 New Hampshire Ave., Silver Spring, MD 20993-0002, 301-796-4842, FAX: 301-796-9858, email: [email protected]

    SUPPLEMENTARY INFORMATION:

    FDA is announcing the issuance of a priority review voucher to the sponsor of a rare pediatric disease product application. Under section 529 of the FD&C Act (21 U.S.C. 360ff), which was added by FDASIA, FDA will award priority review vouchers to sponsors of rare pediatric disease product applications that meet certain criteria. FDA has determined that SPINRAZA (nusinersen), manufactured by Biogen Inc., meets the criteria for a priority review voucher. SPINRAZA (nusinersen) is indicated for the treatment of spinal muscular atrophy in pediatric and adult patients.

    For further information about the Rare Pediatric Disease Priority Review Voucher Program and for a link to the full text of section 529 of the FD&C Act, go to http://www.fda.gov/ForIndustry/DevelopingProductsforRareDiseasesConditions/RarePediatricDiseasePriorityVoucherProgram/default.htm. For further information about SPINRAZA (nusinersen), go to the “[email protected]” Web site at http://www.accessdata.fda.gov/scripts/cder/daf/.

    Dated: February 28, 2017. Leslie Kux, Associate Commissioner for Policy.
    [FR Doc. 2017-04228 Filed 3-3-17; 8:45 am] BILLING CODE 4164-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Meeting of the 2018 Physical Activity Guidelines Advisory Committee AGENCY:

    U.S. Department of Health and Human Services, Office of the Secretary, Office of the Assistant Secretary for Health, Office of Disease Prevention and Health Promotion.

    ACTION:

    Notice.

    SUMMARY:

    As stipulated by the Federal Advisory Committee Act (FACA), the U.S. Department of Health and Human Services (HHS) is hereby giving notice that the third meeting of the 2018 Physical Activity Guidelines Advisory Committee (2018 PAGAC or Committee) will be held. This meeting will be open to the public via videocast.

    DATES:

    The meeting will be held on March 23, 2017, from 8:00 a.m. E.T. to 5:30 p.m. E.T.

    ADDRESSES:

    The meeting will be accessible by videocast on the Internet.

    FOR FURTHER INFORMATION CONTACT:

    Designated Federal Officer, 2018 Physical Activity Guidelines Advisory Committee, Richard D. Olson, M.D., M.P.H. and/or Alternate Designated Federal Officer, Katrina L. Piercy, Ph.D., R.D., Office of Disease Prevention and Health Promotion (ODPHP), Office of the Assistant Secretary for Health (OASH), HHS; 1101 Wootton Parkway, Suite LL-100; Rockville, MD 20852; Telephone: (240) 453-8280. Additional information is available at www.health.gov/paguidelines.

    SUPPLEMENTARY INFORMATION:

    The inaugural Physical Activity Guidelines for Americans (PAG), issued in 2008, represents the first comprehensive guidelines on physical activity issued by the federal government. The PAG serves as the benchmark and primary, authoritative voice of the federal government for providing science-based guidance on physical activity, fitness, and health for Americans. Five years after the first edition was released, ODPHP, in collaboration with the Centers for Disease Control and Prevention (CDC), the National Institutes of Health (NIH), and the President's Council on Fitness, Sports, and Nutrition (PCFSN) led development of the PAG Midcourse Report: Strategies to Increase Physical Activity Among Youth. The second edition of the PAG will build upon the first edition and provide a foundation for federal recommendations and education for physical activity programs for Americans, including those at risk for chronic disease.

    Appointed Committee Members: The Secretary of HHS appointed 17 individuals to serve as members of the 2018 PAGAC in June 2016. Information on Committee membership is available at www.health.gov/paguidelines/second-edition/committee/.

    Committee's Task: The work of the 2018 PAGAC will be time-limited and solely advisory in nature. The Committee will develop recommendations based on the preponderance of current scientific and medical knowledge using a systematic review approach. The Committee will examine the current PAG, take into consideration new scientific evidence and current resource documents, and develop a scientific report to the Secretary of HHS that outlines its science-based advice and recommendations for development of the second edition of the PAG. The Committee will hold approximately five public meetings to review and discuss recommendations. The first meeting was held in July 2016 and the second in October 2016. It is anticipated that future meetings will be held in the third weeks of July 2017 and October 2017. Meeting dates, times, locations, and other relevant information will be announced at least 15 days in advance of each meeting via Federal Register notice. As stipulated in the charter, the Committee will be terminated after delivery of its report to the Secretary of HHS or two years from the date the charter was filed, whichever comes first.

    Purpose of the Meeting: In accordance with FACA and to promote transparency of the process, deliberations of the Committee will occur in a public forum. At this meeting, the Committee will continue its deliberations from the last public meeting.

    Meeting Agenda: The meeting will include review of subcommittee work since the last public meeting and deliberation by the full Committee, discussion of overarching issues, and plans for future Committee work.

    Meeting Registration: The meeting is open to the public via videocast; pre-registration is required. To register, please visit www.health.gov/paguidelines. After registration, individuals will receive videocast access information via email. To request a special accommodation, please email [email protected]

    Public Comments and Meeting Documents: Written comments from the public will be accepted throughout the Committee's deliberative process and can be submitted and/or viewed at www.health.gov/paguidelines/pcd/. Documents pertaining to Committee deliberations, including meeting agendas and summaries will be available on www.health.gov/paguidelines. Meeting information, thereafter, will continue to be accessible online and upon request at the Office of Disease Prevention and Health Promotion, OASH/HHS; 1101 Wootton Parkway, Suite LL100 Tower Building; Rockville, MD 20852; Telephone: (240) 453-8280; Fax: (240) 453-8281.

    Dated: February 23, 2017. Don Wright, Deputy Assistant Secretary for Health, Disease Prevention and Health Promotion.
    [FR Doc. 2017-04170 Filed 3-3-17; 8:45 am] BILLING CODE 4150-32-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary [Document Identifier: 0990-0278-60D] Agency Information Collection Activities; Proposed Collection; Public Comment Request AGENCY:

    Office of the Secretary, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with section 3506(c)(2)(A) of the Paperwork Reduction Act of 1995, the Office of the Secretary (OS), Department of Health and Human Services, announces plans to submit an Information Collection Request (ICR), described below, to the Office of Management and Budget (OMB). The ICR is for extending the use of the approved information collection assigned OMB control number 0990-0278, which expires on August 31, 2017. Prior to submitting the ICR to OMB, OS seeks comments from the public regarding the burden estimate, below, or any other aspect of the ICR.

    DATES:

    Comments on the ICR must be received on or before May 5, 2017.

    ADDRESSES:

    Submit your comments to [email protected] and [email protected] or by calling (202) 795-7714.

    Information Collection Request Title: Federal-wide Assurance Forms.

    Abstract: Assistant Secretary for Health, Office for Human Research Protections is requesting Office of Management and Budget, OMB approval on a three year extension of the Federal-wide Assurance (FWA). The FWA is designed to provide a simplified procedure for institutions engaged in HHS-conducted or supported research to satisfy the assurance requirements of Section 491(a) of the Public Health Service Act and HHS Regulations for the protection of human subjects at 45 CFR 46.103. The respondents are institutions engaged in human subject research that is conducted or supported by HHS.

    Need and Proposed Use of the Information: OHRP is the HHS component charged with fulfilling the statutory mandates of these provisions of the PHS Act and enforcing HHS regulations at 45 CFR part 46. The FWA provides a simplified assurance process that replaced the prior assurance mechanisms used by OHRP, all of which were more complicated and burdensome than the FWA. The information collected by OHRP through the FWA is the minimum necessary to satisfy the assurance requirements of the PHS Act and the requirements of HHS regulations at 45 CFR 46.103.

    Likely Respondents: Individuals or households, business or other for-profit, not-for-profit institutions, Federal, State, Local, or Tribal Governments.

    The total annual burden hours estimated for this ICR are summarized in the table below.

    Estimated Annualized Burden in Hours Table Form name Number of
  • respondents
  • Number of
  • responses
  • per
  • respondent
  • Hours per
  • response
  • Response
  • burden hours
  • Federal-wide Assurance (FWA) 14,000 2.0 0.50 14,000

    OS specifically requests comments on (1) the necessity and utility of the proposed information collection for the proper performance of the agency's functions, (2) the accuracy of the estimated burden, (3) ways to enhance the quality, utility, and clarity of the information to be collected, and (4) the use of automated collection techniques or other forms of information technology to minimize the information collection burden.

    Terry S. Clark, Asst. Information Collection Clearance Officer.
    [FR Doc. 2017-04249 Filed 3-3-17; 8:45 am] BILLING CODE 4150-28-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health & Human Development; Amended Notice of Meeting

    Notice is hereby given of a change in the meeting of the National Institute of Child Health and Human Development Special Emphasis Panel, February 20, 2017, 02:00 p.m. to February 20, 2017, 04:00 p.m., National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD, 20892 which was published in the Federal Register on January 30, 2017, 82 FR 8757.

    The meeting date has changed from February 20, 2017 at 2:00 p.m. to 4:00 p.m. to March 23, 2017 at 2:30 p.m. to 4:30 p.m. The meeting is closed to the public.

    Dated: February 28, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04174 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Eunice Kennedy Shriver National Institute of Child Health & Human Development; Notice of Closed Meeting

    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.

    Name of Committee: National Institute of Child Health and Human Development Special Emphasis Panel.

    Date: March 17, 2017.

    Time: 4:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Rita Anand, Ph.D., Scientific Review Officer, Division of Scientific Review, National Institute of Child Health and Human Development, NIH, 6710B Bethesda Drive, Bethesda, MD 20892, 301-496-1487, [email protected].

    This notice is being published less than 15 days prior to the meeting due to the timing limitations imposed by the review and funding cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.864, Population Research; 93.865, Research for Mothers and Children; 93.929, Center for Medical Rehabilitation Research; 93.209, Contraception and Infertility Loan Repayment Program, National Institutes of Health, HHS)
    Dated: February 28, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04175 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, (National Cancer Institute) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on December 13, 2016 page 89954 (81 FR (89954) and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: Desk Officer for NIH.

    FOR FURTHER INFORMATION CONTACT:

    Karla Bailey, Office of Management Policy and Compliance, National Cancer Institute, 9609 Medical Center Drive, Bethesda, MD 20892-9760 or call non-toll-free number (240) 276-5582 or Email your request, including your address to: [email protected]

    SUPPLEMENTARY INFORMATION:

    The National Cancer Institute (NCI), National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    In compliance with Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    Proposed Collection: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery (NCI), 0925-0642, Revision, National Cancer Institute (NCI), National Institutes of Health (NIH).

    Need and Use of Information Collection: This information collection activity is collecting qualitative customer and stakeholder feedback in an efficient, timely manner, in accordance with the Administration's commitment to improving service delivery. This generic provides information about the National Cancer Institute's customer or stakeholder perceptions, experiences and expectations, provide an early warning of issues with service, or focus attention on areas where communication, training or changes in operations might improve delivery of products or services. It also allows feedback to contribute directly to the improvement of program management. Feedback collected under this generic clearance provides useful information but it will not yield data that can be generalized to the overall population.

    OMB approval is requested for 3 year. There are no costs to respondents other than their time. The total estimated annualized burden hours are 8,917.

    Estimated Annualized Burden Hours Type of collection Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total burden hours
    Surveys 10,000 1 30/60 5,000 In-Depth Interviews (IDIs) or Small Discussion Groups 500 1 90/60 750 Focus Groups 1,000 1 90/60 1,500 Website or Software Usability Tests 5,000 1 20/60 1,667 Total 16,500 16,500 8,917
    Dated: February 15, 2017. Karla Bailey, Project Clearance Liaison, National Cancer Institute, National Institutes of Health.
    [FR Doc. 2017-04254 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; NCI Genomic Data Commons (GDC) Data Submission Request Form (National Cancer Institute) AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    SUMMARY:

    In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on Tuesday, November 8, 2016 page 78609 Vol. 81 No. 216 FR 78609 and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: Desk Officer for NIH.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Louis M. Staudt, MD, Ph.D., Director, Center for Cancer Genomics, National Cancer Institute, Building 10, Room 5A02, 10 Center Drive, Bethesda, MD 20814 or call non-toll-free number 301-402-1892 or Email your request, including your address to: [email protected]

    SUPPLEMENTARY INFORMATION:

    The National Cancer Institute (NCI), National Institutes of Health, may not conduct or sponsor, and the respondent is not required to respond to, an information collection that has been extended, revised, or implemented on or after October 1, 1995, unless it displays a currently valid OMB control number.

    In compliance with Section 3507(a)(1)(D) of the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below.

    Proposed Collection: NCI Genomic Data Commons (GDC) Data Submission Request Form, 0925-New, National Cancer Institute (NCI), National Institutes of Health (NIH).

    Need and Use of Information Collection: The purpose of the NCI Genomic Data Commons (GDC) Data Submission Request Form is to provide a vehicle for investigators to request submission of their cancer genomic data into the GDC in support of data sharing. The purpose is to also provide a mechanism for the GDC Data Submission Review Committee to review and assess the data submission request for applicability to the GDC mission. The scope of the form involves obtaining information from investigators that: (1) Would like to submit data about their study into the GDC, (2) are affiliated with studies that adhere to GDC data submission conditions. The benefits of the collection are that it provides the needed information for investigators to understand the types of studies and data that the GDC supports, and that it provides a standard mechanism for the GDC to assess incoming data submission requests.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 50 hours.

    Estimated Annualized Burden Hours Type of respondent Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • time per
  • response
  • (in hours)
  • Total annual
  • burden hour
  • Investigator (19-1040 Medical Scientists) 200 1 15/60 50 Total 200 200 50
    Dated: February 15, 2017. Karla Bailey, Project Clearance Liaison, National Cancer Institute, National Institutes of Health.
    [FR Doc. 2017-04255 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Center for Scientific Review; Notice of Closed Meetings

    Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended (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 appications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: Center for Scientific Review Special Emphasis Panel, PAR-14-255: Multidisciplinary Studies of HIV and Viral Hepatitis Co-Infection.

    Date: March 28, 2017.

    Time: 10:00 a.m. to 11:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Kenneth A. Roebuck, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5106, MSC 7852, Bethesda, MD 20892, (301) 435-1166, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel, Fellowships: Physiology and Pathobiology of Musculoskeletal, Oral and Skin Systems.

    Date: March 29, 2017.

    Time: 8:00 a.m. to 6:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Anshumali Chaudhari, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4124, MSC 7802, Bethesda, MD 20892, (301) 435-1210, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel, Small Business: Non-HIV Diagnostics, Food Safety, Sterilization/Disinfection and Bioremediation.

    Date: March 30-31, 2017.

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

    Agenda: To review and evaluate grant applications.

    Place: Residence Inn Bethesda, 7335 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: Gagan Pandya, Ph.D., Scientific Review Officer, National Institutes of Health, Center for Scientific Review, 6701 Rockledge Drive, Rm 3200, MSC 7808, Bethesda, MD 20892, 301-435-1167, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel, Small Business: Cancer Biotherapeutics Development.

    Date: March 30-31, 2017.

    Time: 8:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Courtyard by Marriott, 5520 Wisconsin Avenue, Chevy Chase, MD 20815.

    Contact Person: Nicholas J. Donato, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4040, Bethesda, MD 20817, 301-827-4810, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel, RFA-GM-17-004: Maximizing Investigators' Research Award for Early Stage Investigators (R35).

    Date: March 30, 2017.

    Time: 8:00 a.m. to 6:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Hyatt Regency Bethesda, One Bethesda Metro Center, 7400 Wisconsin Avenue, Bethesda, MD 20814.

    Contact Person: David Balasundaram, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5189, MSC 7840, Bethesda, MD 20892, 301-435-1022, [email protected].

    Name of Committee: Center for Scientific Review Special Emphasis Panel, Member Conflict: Cardiovascular Science.

    Date: March 30-31, 2017.

    Time: 1:00 p.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892 (Virtual Meeting).

    Contact Person: Kimm Hamann, Ph.D., Scientific Review Officer, Center for Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 4118A, MSC 7814, Bethesda, MD 20892, 301-435-5575, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.306, Comparative Medicine; 93.333, Clinical Research, 93.306, 93.333, 93.337, 93.393-93.396, 93.837-93.844, 93.846-93.878, 93.892, 93.893, National Institutes of Health, HHS)
    Dated: February 28, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04172 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary & Integrative Health; Notice of Closed Meeting

    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.

    Name of Committee: National Center for Complementary and Integrative Health Special Emphasis Panel, NCCIH Training, Career Development, Fellowship, and Research Grant Review.

    Date: March 22, 2017.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Ashlee Tipton, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Center for Complementary and Integrative Health, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20892, 301-451-3849, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Integrative Health, National Institutes of Health, HHS)
    Dated: February 28, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04177 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health Submission for OMB Review; 30-Day Comment Request; CTEP Support Contracts Forms and Surveys, NCI, NIH AGENCY:

    National Institutes of Health, HHS.

    ACTION:

    Notice.

    In compliance with the Paperwork Reduction Act of 1995, the National Institutes of Health (NIH) has submitted to the Office of Management and Budget (OMB) a request for review and approval of the information collection listed below. This proposed information collection was previously published in the Federal Register on December 13, 2016, page 89955 (81 FR 89955) and allowed 60 days for public comment. No public comments were received. The purpose of this notice is to allow an additional 30 days for public comment.

    DATES:

    Comments regarding this information collection are best assured of having their full effect if received within 30-days of the date of this publication.

    ADDRESSES:

    Written comments and/or suggestions regarding the item(s) contained in this notice, especially regarding the estimated public burden and associated response time, should be directed to the: Office of Management and Budget, Office of Regulatory Affairs, [email protected] or by fax to 202-395-6974, Attention: Desk Officer for NIH.

    FOR FURTHER INFORMATION CONTACT:

    To request more information on the proposed project or to obtain a copy of the data collection plans and instruments, contact: Michael Montello, Pharm.D., Cancer Therapy Evaluation Program, Division of Cancer Treatment and Diagnosis, 9609 Medical Center Drive, Rockville, MD 20850 or call non-toll-free number (240-276-6080) or Email your request, including your address to: [email protected]

    Proposed Collection: CTEP Support Contracts Forms and Surveys, NCI, 0925-New, National Cancer Institute (NCI), National Institutes of Health (NIH).

    Need and Use of Information Collection: The National Cancer Institute (NCI) Cancer Therapy Evaluation Program (CTEP) and the Division of Cancer Prevention (DCP) fund an extensive national program of cancer research, sponsoring clinical trials in cancer prevention, symptom management and treatment for qualified clinical investigators. As part of this effort, CTEP and DCP oversee two support programs, the NCI Central Institutional Review Board (CIRB) and the Cancer Trial Support Unit (CTSU). The purpose of the support programs is to increase efficiency and minimizing burden. The NCI CIRB provides trial oversight satisfying the requirements of 45 CFR part 45 and 21 CFR part 56 for review of NCI supported studies. The CTSU provides program and systems support for regulatory document collection, membership, data management and patient enrollment. The two programs use integrated systems and processes for managing participant information and documentation of regulatory review.

    To meet the responsibilities of each program, information is collected from the sites for purposes of membership, enrollment, opening of IRB approved studies, documenting IRB review, regulatory approval (for sites not using the CIRB), patient enrollment, and routing of case report forms.

    Several surveys are collected to assess satisfaction and provide feedback to guide improvements with processes and technology. Other Surveys have been developed to assess health professional's interests in clinical trials.

    OMB approval is requested for 3 years. There are no costs to respondents other than their time. The total estimated annualized burden hours are 15,525.

    CTSU and NCI CIRB Forms and CTSU, CIRB and CTEP Surveys—Estimated Annualized Burden Hours Form name Type of
  • respondent
  • Number of
  • respondents
  • Number of
  • responses per
  • respondent
  • Average
  • burden per
  • response
  • (in hours)
  • Total annual burden hours
    CTSU IRB/Regulatory Approval Transmittal Form (Attachment A1) Health Care Practitioner 2,444 12 2/60 978 CTSU IRB Certification Form (Attachment A2) Health Care Practitioner 2,444 12 10/60 4,888 Withdrawal from Protocol Participation Form (Attachment A3) Health Care Practitioner 279 1 10/60 47 Site Addition Form (Attachment A4) Health Care Practitioner 80 12 10/60 160 CTSU Roster Update Form (Attachment A5) Health Care Practitioner 600 1 5/60 50 CTSU Request for Clinical Brochure (Attachment A6) Health Care Practitioner 360 1 10/60 60 CTSU Supply Request Form (Attachment A7) Health Care Practitioner 90 12 10/60 180 Site Initiated Data Update Form (Attachment A8) Health Care Practitioner 2 12 10/60 4 Data Clarification Form (Attachment A9) Health Care Practitioner 150 24 10/60 600 RTOG 0834 CTSU Data Transmittal Form (Attachment A10) Health Care Practitioner 12 76 10/60 152 MC0845(8233) CTSU Data Transmittal (Attachment A11) Health Care Practitioner 5 12 10/60 10 CTSU Generic Data Transmittal Form (Attachment A12) Health Care Practitioner 5 12 10/60 10 TAILORx—PACCT1—Data Transmittal Form (Attachment A13) Health Care Practitioner 161 96 10/60 2576 Unsolicited Data Modification Form: Protocol: TAILORx/PACCT-1 (Attachment 14) Health Care Practitioner 30 12 10/60 60 CTSU Patient Enrollment Transmittal Form (Attachment A15) Health Care Practitioner 12 12 10/60 24 CTSU Transfer Form (Attachment A16) Health Care Practitioner 360 2 10/60 120 CTSU System Access Request Form (Attachment A17) Health Care Practitioner 180 1 20/60 60 NCI CIRB AA & DOR between the NCI CIRB and Signatory Institution (Attachment B1) Participants 50 1 15/60 13 NCI CIRB Signatory Enrollment Form (Attachment B2) Participants 50 1 15/60 13 CIRB Board Member Biographical Sketch Form (Attachment B3) Board Member 25 1 15/60 6 CIRB Board Member Contact Information Form (Attachment B4) Board Member 25 1 10/60 4 CIRB Board Member NDA (Attachment B6) Board Member 25 1 10/60 4 CIRB Direct Deposit Form (Attachment B7) Board Member 25 1 15/60 6 CIRB Member COI Screening Worksheet (Attachment B8) Board Members 12 1 30/60 6 CIRB COI Screening for CIRB meetings (Attachment B9) Board Members 72 1 15/60 18 CIRB IR Application (Attachment B10) Health Care Practitioner 80 1 1 80 CIRB IR Application for Exempt Studies (Attachment B11) Health Care Practitioner 4 1 30/60 2 CIRB Amendment Review Application (Attachment B12) Health Care Practitioner 400 1 15/60 100 CIRB Ancillary Studies Application (Attachment B13) Health Care Practitioner 1 1 1 1 CIRB Continuing Review Application (Attachment B14) Health Care Practitioner 400 1 30/60 200 Adult IR of Cooperative Group Protocol (Attachment B15) Board Members 65 1 180/60 195 Pediatric IR of Cooperative Group Protocol (Attachment B16) Board Members 15 1 180/60 45 Adult Continuing Review of Cooperative Group Protocol (Attachment B17) Protocol Board Members 275 1 1 275 Pediatric Continuing Review of Cooperative Group Protocol (Attachment B18) Board Members 130 1 1 130 Adult Amendment of Cooperative Group Protocol (Attachment B19) Board Members 40 1 120/60 80 Pediatric Amendment of Cooperative Group Protocol (Attachment B20) Board Members 25 1 120/60 50 Pharmacist's Review of a Cooperative Group Study (Attachment B21) Board Members 10 1 120/60 20 CPC Pharmacist's Review of Cooperative Group Study (Attachment B22) Board Members 20 1 120/60 40 Adult Expedited Amendment Review (Attachment B23) Board Members 348 1 30/60 174 Pediatric Expedited Amendment Review (Attachment B24) Board Members 140 1 30/60 70 Adult Expedited Continuing Review (Attachment B25) Board Members 140 1 30/60 70 Pediatric Expedited Continuing Review (Attachment B26) Board Members 36 1 30/60 18 Adult Cooperative Group Response to CIRB Review (Attachment B27) Health Care Practitioner 30 1 1 30 Pediatric Cooperative Group Response to CIRB Review (Attachment B28) Health Care Practitioner 5 1 1 5 Adult Expedited Study Chair Response to Required Mod (Attachment B29) Board Members 40 1 15/60 10 Pediatric Expedited Study Chair Response to Required Mod (Attachment B30) Board Members 40 1 15/60 10 Reviewer Worksheet—Determination of UP or SCN (Attachment B31) Board Members 360 1 10/60 61 Reviewer Worksheet—CIRB Statistical Reviewer Form (Attachment B32) Board Members 100 1 1 100 CIRB Application for Translated Documents (Attachment B33) Health Care Practitioner 100 1 30/60 50 Reviewer Worksheet of Translated Documents (Attachment B34) Board Members 100 1 15/60 25 Reviewer Worksheet of Recruitment Material (Attachment B35) Board Members 20 1 15/60 5 Reviewer Worksheet Expedited Study Closure Review (Attachment B36) Board Members 20 1 15/60 5 Reviewer Worksheet Expedited Review of Study Chair Response to CIRB-Required Modifications (Attachment B37) Board Members 5 1 30/60 3 Reviewer Worksheet of Expedited IR (Attachment B38) Board Members 5 1 30/60 3 Reviewer Worksheet—CPC—Determination of UP or SCN (Attachment B39) Board Members 40 1 15/60 10 Annual Signatory Institution Worksheet About Local Context (Attachment B40) Health Care Practitioner 400 1 40/60 267 Annual Principal Investigator Worksheet About Local Context (Attachment B41) Health Care Practitioner 1800 1 20/60 600 Study-Specific Worksheet About Local Context (Attachment B42) Health Care Practitioner 4800 1 20/60 1600 Study Closure or Transfer of Study Review Responsibility Form (Attachment B43) Health Care Practitioner 1680 1 15/60 420 UP or SCN Reporting Form (Attachment B44) Health Care Practitioner 360 1 20/60 120 Change of SI PI Form (Attachment B45) Health Care Practitioner 120 1 15/60 30 CTSU Website Customer Satisfaction Survey (Attachment C1) Health Care Practitioner 275 1 15/60 69 CTSU Help Desk Customer Satisfaction Survey (Attachment C2) Health Care Practitioner 325 1 15/60 81 CTSU OPEN Survey (Attachment C3) Health Care Practitioner 60 1 15/60 15 CIRB Customer Satisfaction Survey (Attachment C4) Satisfaction Survey (Attachment C4) Participants 600 1 15/60 150 Follow-up Survey (Communication Audit) (Attachment C5) Participants/Board Members 300 1 15/60 75 Website Focus Groups, Communication Project (Attachment C6 A-D) Participants/Board Members 18 1 1 18 CIRB Board Member Annual Assessment Survey (Attachment C7) Board Members 60 1 20/60 20 PIO Customer Satisfaction Survey (Attachment C8) Health Care Practitioner 60 1 5/60 5 Concept Clinical Trial Survey (Attachment C9) Health Care Practitioner 500 1 5/60 42 Prospective Clinical Trial Survey (Attachment C10) Health Care Practitioner 1000 1 1/60 17 Low Accrual Clinical Trial Survey (Attachment C11) Health Care Practitioner 1000 1 1/60 17 ETCTN PI Survey (Attachment 12) Physician 75 1 15/60 19 ETCTN RS Survey (Attachment 13) Health Care Practitioner 175 1 15/60 44 Totals 24,100 100,337 15,525
    Dated: February 15, 2017. Karla Bailey, PRA OMB Liaison, Office of Management Policy and Compliance, National Cancer Institute (NCI) National Institutes of Health (NIH).
    [FR Doc. 2017-04253 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary & Integrative Health; Notice of Closed Meeting

    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.

    Name of Committee: National Center for Complementary and Integrative Health Special Emphasis Panel, Exploratory Clinical Trials and Studies of Natural Products.

    Date: March 30, 2017.

    Time: 12:00 p.m. to 4:30 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, Two Democracy Plaza, 6707 Democracy Boulevard, Bethesda, MD 20892, (Virtual Meeting).

    Contact Person: Yisong Wang, Ph.D., Scientific Review Officer, NCCIH/NIH, 6707 Democracy Blvd., Suite 401, Bethesda, MD 20817, 301-480-9483, [email protected]

    (Catalogue of Federal Domestic Assistance Program Nos. 93.213, Research and Training in Complementary and Integrative Health, National Institutes of Health, HHS)
    Dated: February 28, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04176 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Cancer Institute; Notice of Closed Meetings

    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/contract proposals and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications/contract proposals, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

    Name of Committee: National Cancer Institute Special Emphasis Panel, Quantitative Imaging for Evaluation of Cancer Therapies (U01).

    Date: March 29, 2017.

    Time: 11:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W260, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Nadeem Khan, Ph.D., Scientific Review Officer, Research Technology and Contract Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W260, Bethesda, MD 20892-9750, 240-276-5856, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel, Digital Platforms to Support Informal Cancer Caregiving.

    Date: March 30-31, 2017.

    Time: 9:00 a.m. to 5:00 p.m.

    Agenda: To review and evaluate contract proposals.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 4W032/34, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Scott A. Chen, Ph.D., Scientific Review Officer, Program Coordination and Referral Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W526, Bethesda, MD 20892-9750, 240-276-6038, [email protected].

    Name of Committee: National Cancer Institute Special Emphasis Panel, Cancer Biomarkers and Biospecimens.

    Date: March 31, 2017.

    Time: 12:00 p.m. to 4:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Cancer Institute Shady Grove, 9609 Medical Center Drive, Room 7W106, Rockville, MD 20850, (Telephone Conference Call).

    Contact Person: Reed A. Graves, Ph.D., Scientific Review Officer, Research Technology and Contract Review Branch, Division of Extramural Activities, National Cancer Institute, NIH, 9609 Medical Center Drive, Room 7W106, Rockville, MD 20892-9750, 240-276-6384, [email protected].

    (Catalogue of Federal Domestic Assistance Program Nos. 93.392, Cancer Construction; 93.393, Cancer Cause and Prevention Research; 93.394, Cancer Detection and Diagnosis Research; 93.395, Cancer Treatment Research; 93.396, Cancer Biology Research; 93.397, Cancer Centers Support; 93.398, Cancer Research Manpower; 93.399, Cancer Control, National Institutes of Health, HHS)
    Dated: February 28, 2017. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04173 Filed 3-3-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of July 21, 2016.

    DATES:

    The accreditation and approval of Inspectorate America Corporation as commercial gauger and laboratory became effective on July 21, 2016. The next triennial inspection date will be scheduled for July 2019.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 22934 Lockness Ave, Torrance, CA 90501 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Marine Measurement.

    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-05 D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-07 D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-10 D 323 Standard Test Method for Vapor Pressure of Petroleum Products (Reid Method). 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. 27-46 D 5002 Standard Test Method for Density and Relative Density of Crude Oils by Digital Density Analyzer. 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-58 D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method). D 6730 Standard Test Method for Determination of Individual Components in Spark Ignition Engine Fuels by 100-Metre Capillary (with Precolumn) High-Resolution Gas Chromatography.

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: February 24, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2017-04222 Filed 3-3-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of August 8, 2016.

    DATES:

    Effective Dates: The accreditation and approval of Inspectorate America Corporation as commercial gauger and laboratory became effective on August 8, 2016. The next triennial inspection date will be scheduled for August 2019.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 2119 SE Columbia Way, Suite 280, Vancouver, WA 98661 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API Chapters Title 2 Tank Calibration. 3 Tank Gauging. 4 Proving Systems. 5 Metering. 6 Metering Assemblies. 7 Temperature Determination. 8 Sampling. 12 Calculations. 14 Natural Gas Fluids Measurement. 17 Marine Measurement.

    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-02 D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27-03 D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27-04 D 95 Standard Test Method for Water in Petroleum Products and Bituminous Materials by Distillation. 27-05 D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-07 D 4807 Standard Test Method for Sediment in Crude Oil by Membrane Filtration. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. 27-20 D 4057 Standard Practice for Manual Sampling of Petroleum and Petroleum Products. 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 D 93 Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester. 27-53 D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27-57 D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27-58 D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: February 24, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2017-04223 Filed 3-3-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of July 21, 2016.

    DATES:

    Effective Dates: The accreditation and approval of Inspectorate America Corporation as commercial gauger and laboratory became effective on July 21, 2016. The next triennial inspection date will be scheduled for July 2019.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 37 Panagrossi Circle, East Haven, CT 06512 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API Chapters Title 3 Tank Gauging. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Marine Measurement. Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM): CBPL No. ASTM Title 27-01 D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-02 D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-11 D 445 Standard Test Method for Kinematic Viscosity of Transparent and Opaque Liquids (and Calculation of Dynamic Viscosity). 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. 27-48 D 4052 Standard Test Method for Density and Relative Density of Liquids by Digital Density Meter. 27-50 D 93 Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester. 27-53 D 2709 Standard Test Method for Water and Sediment in Middle Distillate Fuels by Centrifuge. 27-57 D 7039 Standard Test Method for Sulfur in Gasoline and Diesel Fuel by Monochromatic Wavelength Dispersive X-Ray Fluorescence Spectrometry. 27-58 D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: February 24, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2017-04224 Filed 3-3-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection Accreditation and Approval of Inspectorate America Corporation, as a Commercial Gauger and Laboratory AGENCY:

    U.S. Customs and Border Protection, Department of Homeland Security.

    ACTION:

    Notice of accreditation and approval of Inspectorate America Corporation as a commercial gauger and laboratory.

    SUMMARY:

    Notice is hereby given, pursuant to CBP regulations, that Inspectorate America Corporation has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes for the next three years as of August 10, 2016.

    DATES:

    Effective Dates: The accreditation and approval of Inspectorate America Corporation as commercial gauger and laboratory became effective on August 10, 2016. The next triennial inspection date will be scheduled for August 2019.

    FOR FURTHER INFORMATION CONTACT:

    Approved Gauger and Accredited Laboratories Manager, Laboratories and Scientific Services Directorate, U.S. Customs and Border Protection, 1300 Pennsylvania Avenue NW., Suite 1500N, Washington, DC 20229, tel. 202-344-1060.

    SUPPLEMENTARY INFORMATION:

    Notice is hereby given pursuant to 19 CFR 151.12 and 19 CFR 151.13, that Inspectorate America Corporation, 1350 Slater Rd., Suite 7, Ferndale, WA 98248 has been approved to gauge petroleum and certain petroleum products and accredited to test petroleum and certain petroleum products for customs purposes, in accordance with the provisions of 19 CFR 151.12 and 19 CFR 151.13. Inspectorate America Corporation is approved for the following gauging procedures for petroleum and certain petroleum products from the American Petroleum Institute (API):

    API chapters Title 2 Tank Calibration. 3 Tank Gauging. 4 Proving Systems. 7 Temperature Determination. 8 Sampling. 12 Calculations. 17 Marine Measurement.

    Inspectorate America Corporation is accredited for the following laboratory analysis procedures and methods for petroleum and certain petroleum products set forth by the U.S. Customs and Border Protection Laboratory Methods (CBPL) and American Society for Testing and Materials (ASTM):

    CBPL No. ASTM Title 27-01 D 287 Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method). 27-02 D 1298 Standard Test Method for Density, Relative Density (Specific Gravity), or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer Method. 27-03 D 4006 Standard Test Method for Water in Crude Oil by Distillation. 27-05 D 4928 Standard Test Method for Water in Crude Oils by Coulometric Karl Fischer Titration. 27-06 D 473 Standard Test Method for Sediment in Crude Oils and Fuel Oils by the Extraction Method. 27-08 D 86 Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. 27-13 D 4294 Standard Test Method for Sulfur in Petroleum and Petroleum Products by Energy Dispersive X-ray Fluorescence Spectrometry. 27-58 D 5191 Standard Test Method for Vapor Pressure of Petroleum Products (Mini Method). D 4007 Standard Test Method for Water and Sediment in Crude Oil by the Centrifuge Method (Laboratory Procedure).

    Anyone wishing to employ this entity to conduct laboratory analyses and gauger services should request and receive written assurances from the entity that it is accredited or approved by the U.S. Customs and Border Protection to conduct the specific test or gauger service requested. Alternatively, inquiries regarding the specific test or gauger service this entity is accredited or approved to perform may be directed to the U.S. Customs and Border Protection by calling (202) 344-1060. The inquiry may also be sent to [email protected] Please reference the Web site listed below for a complete listing of CBP approved gaugers and accredited laboratories. http://www.cbp.gov/about/labs-scientific/commercial-gaugers-and-laboratories.

    Dated: February 24, 2017. Ira S. Reese, Executive Director, Laboratories and Scientific Services Directorate.
    [FR Doc. 2017-04225 Filed 3-3-17; 8:45 am] BILLING CODE 9111-14-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2017-0002; Internal Agency Docket No. FEMA-B-1657] Proposed Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency; DHS.

    ACTION:

    Notice; correction.

    SUMMARY:

    On November 28, 2016, FEMA published in the Federal Register a proposed flood hazard determination notice that contained an erroneous table. This notice provides corrections to that table, to be used in lieu of the information published at 81 FR 85622. The table provided here represents the proposed flood hazard determinations and communities affected for Davis County, Iowa and Incorporated Areas.

    DATES:

    Comments are to be submitted on or before June 5, 2017.

    ADDRESSES:

    The Preliminary Flood Insurance Rate Map (FIRM), and where applicable, the Flood Insurance Study (FIS) report for each community are available for inspection at both the online location and the respective Community Map Repository address listed in the table below. Additionally, the current effective FIRM and FIS report for each community are accessible online through the FEMA Map Service Center at www.msc.fema.gov for comparison.

    You may submit comments, identified by Docket No. FEMA-B-1657, to Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    FEMA proposes to make flood hazard determinations for each community listed in the table below, in accordance with Section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR 67.4(a).

    These proposed flood hazard determinations, together with the floodplain management criteria required by 44 CFR 60.3, are the minimum that are required. They should not be construed to mean that the community must change any existing ordinances that are more stringent in their floodplain management requirements. The community may at any time enact stricter requirements of its own, or pursuant to policies established by other Federal, State, or regional entities. These flood hazard determinations are used to meet the floodplain management requirements of the NFIP and are also used to calculate the appropriate flood insurance premium rates for new buildings built after the FIRM and FIS report become effective.

    Use of a Scientific Resolution Panel (SRP) is available to communities in support of the appeal resolution process. SRPs are independent panels of experts in hydrology, hydraulics, and other pertinent sciences established to review conflicting scientific and technical data and provide recommendations for resolution. Use of the SRP may only be exercised after FEMA and local communities have been engaged in a collaborative consultation process for at least 60 days without a mutually acceptable resolution of an appeal. Additional information regarding the SRP process can be found online at http://floodsrp.org/pdfs/srp_fact_sheet.pdf.

    The communities affected by the flood hazard determinations are provided in the table below. Any request for reconsideration of the revised flood hazard determinations shown on the Preliminary FIRM and FIS report that satisfies the data requirements outlined in 44 CFR 67.6(b) is considered an appeal. Comments unrelated to the flood hazard determinations will also be considered before the FIRM and FIS report are made final.

    Correction

    In the proposed flood hazard determination notice published at 81 FR 85622 in the November 28, 2016, issue of the Federal Register, FEMA published a table titled “Davis County, Iowa and Incorporated Areas”. This table contained inaccurate information as to the address of the community map repository for the City of Bloomfield featured in the table.

    In this document, FEMA is publishing a table containing the accurate information. The information provided below should be used in lieu of that previously published.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 16, 2017. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency.

    I. Non-watershed-studies:

    Community Community map repository address Davis County, Iowa and Incorporated Areas Maps Available for Inspection Online at: http://www.fema.gov/preliminaryfloodhazarddata Project: 16-07-0174S Preliminary Date: April 12, 2016 City of Bloomfield City Hall, 111 West Franklin Street, Bloomfield, IA 52537. City of Floris City Hall, 103 Monroe Street, Floris, IA 52560. Unincorporated Areas of Davis County Davis County Highway Department, 21585 Lilac Avenue, Bloomfield, IA 52537.
    [FR Doc. 2017-04232 Filed 3-3-17; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2014-0022] Technical Mapping Advisory Council AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Committee Management; Notice of Federal Advisory Committee Meeting.

    SUMMARY:

    The Federal Emergency Management Agency (FEMA) Technical Mapping Advisory Council (TMAC) will meet in person on March 22-23, 2017 in Arlington, Virginia. The meeting will be open to the public.

    DATES:

    The TMAC will meet on Wednesday, March 22, 2017 from 8:00 a.m.-5:30 p.m. Eastern Daylight Time (EDT), and Thursday, March 23, 2017 from 8:00 a.m.-5:30 p.m. EDT. Please note that the meeting will close early if the TMAC has completed its business.

    ADDRESSES:

    The meeting will be held at 3101 Wilson Boulevard, Arlington, Virginia, 22201. Members of the public who wish to attend the meeting must register in advance by sending an email to [email protected] (Attention: Mark Crowell) by 11:00 p.m. EDT on Wednesday, March 15, 2017. Members of the public must check in at the front desk on the ninth floor of 3101 Wilson Boulevard, Arlington, Virginia, 22201 and photo identification is required. For information on facilities or services for individuals with disabilities or to request special assistance at the meeting, contact the person listed in For Further Information Contact below as soon as possible.

    To facilitate public participation, members of the public are invited to provide written comments on the issues to be considered by the TMAC, as listed in the Supplementary Information section below. Associated meeting materials will be available at www.fema.gov/TMAC for review by Wednesday, March 15, 2017. Written comments to be considered by the committee at the time of the meeting must be submitted and received by Friday, March 17, 2017, identified by Docket ID FEMA-2014-0022, and submitted by one of the following methods:

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

    Email: Address the email TO: [email protected] and CC: [email protected] Include the docket number in the subject line of the message. Include name and contact detail in the body of the email.

    Mail: Regulatory Affairs Division, Office of Chief Counsel, FEMA, 500 C Street SW., Room 8NE, Washington, DC 20472-3100.

    Instructions: All submissions received must include the words “Federal Emergency Management Agency” and the docket number for this action. Comments received will be posted without alteration at http://www.regulations.gov, including any personal information provided. Docket: For docket access to read background documents or comments received by the TMAC, go to http://www.regulations.gov and search for the Docket ID FEMA-2014-0022.

    A public comment period will be held on Wednesday, March 22, 2017, from 4:00 p.m. to 4:30 p.m. EDT and again on Thursday, March 23, 2017, from 11:30 a.m. to 12:00 p.m. EDT. Speakers are requested to limit their comments to no more than three minutes. The public comment period will not exceed 30 minutes. Please note that the public comment period may end before the time indicated, following the last call for comments. Contact the individual listed below to register as a speaker by close of business on Friday, March 17, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mark Crowell, Designated Federal Officer for the TMAC, FEMA, 400 C Street SW., Washington, DC 20024, telephone (202) 646-3432, and email [email protected] The TMAC Web site is: http://www.fema.gov/TMAC.

    SUPPLEMENTARY INFORMATION:

    Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. Appendix.

    As required by the Biggert-Waters Flood Insurance Reform Act of 2012, the TMAC makes recommendations to the FEMA Administrator on: (1) How to improve, in a cost-effective manner, the (a) accuracy, general quality, ease of use, and distribution and dissemination of flood insurance rate maps and risk data; and (b) performance metrics and milestones required to effectively and efficiently map flood risk areas in the United States; (2) mapping standards and guidelines for (a) flood insurance rate maps, and (b) data accuracy, data quality, data currency, and data eligibility; (3) how to maintain, on an ongoing basis, flood insurance rate maps and flood risk identification; (4) procedures for delegating mapping activities to State and local mapping partners; and (5) (a) methods for improving interagency and intergovernmental coordination on flood mapping and flood risk determination, and (b) a funding strategy to leverage and coordinate budgets and expenditures across Federal agencies. Furthermore, the TMAC is required to submit an annual report to the FEMA Administrator that contains: (1) A description of the activities of the Council; (2) an evaluation of the status and performance of flood insurance rate maps and mapping activities to revise and update Flood Insurance Rate Maps; and (3) a summary of recommendations made by the Council to the FEMA Administrator.

    Agenda: During the two-day meeting, TMAC members will discuss the topics identified for TMAC focus and attention in 2017. This will include receiving applicable briefings from subject matter experts. The tasks required to complete the TMAC 2017 Annual Report will be divided and assigned to various TMAC subcommittees. A brief public comment period will take place each day during the meeting and will occur prior to any vote. The full agenda and related briefing materials will be posted for review by March 17, 2017 at http://www.fema.gov/TMAC.

    Dated: February 17, 2017. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Federal Emergency Management Agency.
    [FR Doc. 2017-04234 Filed 3-3-17; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Docket ID FEMA-2017-0002] Final Flood Hazard Determinations AGENCY:

    Federal Emergency Management Agency, DHS.

    ACTION:

    Final Notice.

    SUMMARY:

    Flood hazard determinations, which may include additions or modifications of Base Flood Elevations (BFEs), base flood depths, Special Flood Hazard Area (SFHA) boundaries or zone designations, or regulatory floodways on the Flood Insurance Rate Maps (FIRMs) and where applicable, in the supporting Flood Insurance Study (FIS) reports have been made final for the communities listed in the table below.

    The FIRM and FIS report are the basis of the floodplain management measures that a community is required either to adopt or to show evidence of having in effect in order to qualify or remain qualified for participation in the Federal Emergency Management Agency's (FEMA's) National Flood Insurance Program (NFIP). In addition, the FIRM and FIS report are used by insurance agents and others to calculate appropriate flood insurance premium rates for buildings and the contents of those buildings.

    DATES:

    The effective date of June 21, 2017 which has been established for the FIRM and, where applicable, the supporting FIS report showing the new or modified flood hazard information for each community.

    ADDRESSES:

    The FIRM, and if applicable, the FIS report containing the final flood hazard information for each community is available for inspection at the respective Community Map Repository address listed in the tables below and will be available online through the FEMA Map Service Center at www.msc.fema.gov by the effective date indicated above.

    FOR FURTHER INFORMATION CONTACT:

    Rick Sacbibit, Chief, Engineering Services Branch, Federal Insurance and Mitigation Administration, FEMA, 400 C Street SW., Washington, DC 20472, (202) 646-7659, or (email) [email protected]; or visit the FEMA Map Information eXchange (FMIX) online at www.floodmaps.fema.gov/fhm/fmx_main.html.

    SUPPLEMENTARY INFORMATION:

    The Federal Emergency Management Agency (FEMA) makes the final determinations listed below for the new or modified flood hazard information for each community listed. Notification of these changes has been published in newspapers of local circulation and 90 days have elapsed since that publication. The Deputy Associate Administrator for Insurance and Mitigation has resolved any appeals resulting from this notification.

    This final notice is issued in accordance with section 110 of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4104, and 44 CFR part 67. FEMA has developed criteria for floodplain management in floodprone areas in accordance with 44 CFR part 60.

    Interested lessees and owners of real property are encouraged to review the new or revised FIRM and FIS report available at the address cited below for each community or online through the FEMA Map Service Center at www.msc.fema.gov.

    The flood hazard determinations are made final in the watersheds and/or communities listed in the table below.

    (Catalog of Federal Domestic Assistance No. 97.022, “Flood Insurance.”) Dated: February 16, 2017. Roy E. Wright, Deputy Associate Administrator for Insurance and Mitigation, Department of Homeland Security, Federal Emergency Management Agency. I. Non-watershed-based studies: Community Community map repository address Humboldt County, California and Incorporated Areas Docket No.: FEMA-B-1604 City of Arcata Department of Public Works, 736 F Street, Arcata, CA 95521. City of Eureka City Hall, 531 K Street, Eureka, CA 95501. City of Trinidad City Hall, 409 Trinity Street, Trinidad, CA 95570. Unincorporated Areas of Humboldt County Clark Complex, 3015 H Street, Eureka, CA 95501. Monterey County, California and Incorporated Areas Docket No.: FEMA-B-1604 City of Carmel by the Sea City Hall, Monte Verde Street, Carmel by the Sea, CA 93921. City of Marina Public Works Department, 209 Cypress Avenue, Marina, CA 93933. City of Monterey Plans and Public Works Department, 526 Pierce Street, Monterey, CA 93940. City of Pacific Grove City Hall, 300 Forest Avenue, Pacific Grove, CA 93950. City of Sand City Planning Department, 1 Sylvan Park, Sand City, CA 93955. City of Seaside Public Works Department, 440 Harcourt Avenue, Seaside, CA 93955. Unincorporated Areas of Monterey County Monterey County Water Resources Agency, 893 Blanco Circle, Salinas, CA 93901. Washington County, Indiana and Incorporated Areas Docket No.: FEMA-B-1558 City of Salem Salem City Hall, Department of Building and Safety, Suite 104, 201 East Market Street, Salem, IN 47167. Town of Little York Washington County Building Department, 600 Anson Street, Salem, IN 47167. Town of New Pekin Pekin Town Hall, 75 South Mill Street, Pekin, IN 47165. Unincorporated Areas of Washington County Washington County Building Department, 600 Anson Street, Salem, IN 47167. Madison County, Iowa and Incorporated Areas Docket No.: FEMA-B-1604 City of Earlham City Hall, 140 South Chestnut Avenue, Earlham, IA 50072. City of East Peru Community Building, 120 Brown Street, East Peru, IA 50222. City of Patterson City Clerk's Office, 1730 110th Avenue, Murray, IA 50174. City of St. Charles City Hall, 113 South Lumber Street, St. Charles, IA 50240. City of Truro City Hall, 120 East Center Street, Truro, IA 50257. City of Winterset City Hall, 124 West Court Avenue, Winterset, IA 50273. Unincorporated Areas of Madison County Madison County Courthouse, 112 North John Wayne Drive, Winterset, IA 50273.
    [FR Doc. 2017-04230 Filed 3-3-17; 8:45 am] BILLING CODE 9110-12-P
    DEPARTMENT OF HOMELAND SECURITY U.S. Citizenship and Immigration Services [CIS No. 2600-17; DHS Docket No. USCIS-2008-0034] RIN 1615-ZB65 Automatic Extension of Employment Authorization Documentation for Beneficiaries Under El Salvador's Designation for Temporary Protected Status AGENCY:

    U.S. Citizenship and Immigration Services, Department of Homeland Security.

    ACTION:

    Notice; extension of Employment Authorization Documents validity date.

    SUMMARY:

    On July 8, 2016, the Secretary of Homeland Security (Secretary) extended the designation of El Salvador for Temporary Protected Status (TPS) for a period of 18 months by notice in the Federal Register. Through the same notice, the Department of Homeland Security (DHS) automatically extended for 6 months the validity of Employment Authorization Documents (EADs) issued under the TPS designation of El Salvador with a September 9, 2016 expiration date printed on the card. These EADs are currently valid through March 9, 2017. USCIS is now automatically extending the validity of these EADs for an additional 6 months, through September 9, 2017.

    DATES:

    The automatic extension of the validity of EADs issued under TPS for El Salvador that was set to expire on March 9, 2017, is now extended through September 9, 2017.

    FOR FURTHER INFORMATION CONTACT:

    • For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find specific information about El Salvador's designation for TPS by selecting “El Salvador” from the menu on the left of the TPS Web page.

    • You can also contact Guillermo Roman-Riefkohl, TPS Operations Program Manager, Service Center Operations Directorate, U.S. Citizenship and Immigration Services, Department of Homeland Security, 20 Massachusetts Avenue NW., Washington, DC 20529-2060; or by phone at 202-272-1533 (this is not a toll-free number). Note: The phone number provided here is solely for questions regarding this TPS Notice. It is not for individual case status inquires.

    • Applicants seeking information about the status of their individual cases can check Case Status Online, available at the USCIS Web site at http://www.uscis.gov, or call the USCIS National Customer Service Center at 800-375-5283 (TTY 800-767-1833). Service is available in English and Spanish.

    • Further information will also be available at local USCIS offices upon publication of this Notice.

    SUPPLEMENTARY INFORMATION:

    When did the Secretary last extend El Salvador's TPS designation?

    On July 8, 2016, the Secretary extended the TPS designation for El Salvador for a period of 18 months by notice in the Federal Register. See 81 FR 44645. That extension of El Salvador's TPS designation is effective from September 10, 2016 through March 9, 2018.

    Is the Secretary extending El Salvador's TPS designation through this Notice?

    No. This Notice does not extend El Salvador's TPS designation past the existing March 9, 2018 expiration date of the current extension announced on July 8, 2016. This Notice also does not extend the re-registration period for existing TPS El Salvador beneficiaries under the extension announced on July 8, 2016, which ran from July 8, 2016 through September 6, 2016.

    What is the effect of this Notice on the validity of EADs issued under TPS for El Salvador?

    DHS previously extended for 6 months all EADs issued under TPS for El Salvador that currently display an expiration date of September 9, 2016; they currently expire on March 9, 2017. U.S. Citizenship and Immigration Services (USCIS) does not expect to be able to process all timely-received TPS re-registration applications and issue new EADs before these extended EADs expire. Accordingly, through this Notice, USCIS automatically extends the validity of EADs issued under the TPS designation of El Salvador for an additional 6 months, through September 9, 2017.

    Am I eligible to receive an additional automatic 6-month extension of my current EAD through September 9, 2017?

    If you currently have TPS under the designation of El Salvador, this Notice automatically extends your EAD an additional 6 months through September 9, 2017, if you:

    • Received an EAD under the last extension of TPS for El Salvador; and

    • Have an EAD with a marked expiration date of September 9, 2016, bearing the notation “A-12” or “C-19”on the front of the card under “Category.”

    When hired, what documentation may I show to my employer as proof of employment authorization and identity when completing Employment Eligibility Verification (Form I-9)?

    You can find a list of acceptable document choices on the “Lists of Acceptable Documents” for Employment Eligibility Verification (Form I-9). You can find additional detailed information on the USCIS I-9 Central Web page at http://www.uscis.gov/I-9Central. Employers are required to verify the identity and employment authorization of all new employees by using Employment Eligibility Verification (Form I-9). Within 3 days of hire, an employee must present proof of identity and employment authorization to his or her employer.

    You may present any document from List A (reflecting both your identity and employment authorization) or one document from List B (reflecting identity) together with one document from List C (reflecting employment authorization). Or you may present an acceptable receipt for List A, List B, or List C documents as described in the Employment Eligibility Verification (Form I-9) Instructions. An EAD is an acceptable document under “List A.” Employers may not reject a document based on a future expiration date.

    If your EAD has an expiration date of September 9, 2016, and states “A-12” or “C-19” under “Category,” it has been extended automatically beyond the previous automatic extension for an additional 6 months. It is now valid through September 9, 2017, by virtue of this Federal Register Notice, and you may choose to present your EAD to your employer as proof of identity and employment authorization for Employment Eligibility Verification (Form I-9) through September 9, 2017 (see the subsection titled “How do my employer and I complete the Employment Eligibility Verification (Form I-9) using an automatically extended EAD for a new job?” for further information). To minimize confusion over this extension at the time of hire, you should explain to your employer that USCIS automatically extended your EAD through September 9, 2017. You may also show your employer a copy of this Federal Register Notice confirming the automatic extension of employment authorization through September 9, 2017. As an alternative to presenting your automatically extended EAD, you may choose to present any other acceptable document from List A, a combination of one selection from List B and one selection from List C, or a valid receipt.

    What documentation may I show my employer if I am already employed but my current TPS-related EAD is expired?

    Even though EADs with an expiration date of September 9, 2016, that state “A-12” or “C-19” under “Category” have been automatically extended through September 9, 2017, your employer may need to ask you about your continued employment authorization after March 9, 2017, in order to meet his or her responsibilities for Employment Eligibility Verification (Form I-9). Your employer may need to re-inspect your automatically extended EAD to check the expiration date and code to record the updated expiration date on your Form I-9 if he or she did not keep a copy of this EAD when you initially presented it. However, your employer does not need a new document to reverify your employment authorization until September 9, 2017, the expiration date of t