Federal Register Vol. 82, No.43,

Federal Register Volume 82, Issue 43 (March 7, 2017)

Page Range12713-12920
FR Document

82_FR_43
Current View
Page and SubjectPDF
82 FR 12818 - Sunshine Act NoticePDF
82 FR 12825 - Announcement of the Housing Counseling Federal Advisory Committee Notice of Public MeetingPDF
82 FR 12786 - Impact of Federal Regulations on Domestic ManufacturingPDF
82 FR 12864 - Sunshine Act MeetingPDF
82 FR 12859 - Sunshine Act MeetingPDF
82 FR 12910 - Notification of Citizens Coinage Advisory Committee Public MeetingPDF
82 FR 12856 - NASA Advisory Council; Human Exploration and Operations Committee; MeetingPDF
82 FR 12783 - Notice of Request for Extension of a Currently Approved Information CollectionPDF
82 FR 12790 - Regulations And Procedures Technical Advisory Committee; Notice of Partially Closed MeetingPDF
82 FR 12789 - Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed MeetingPDF
82 FR 12791 - Emerging Technology and Research Advisory Committee; Notice of Partially Closed MeetingPDF
82 FR 12790 - Technical Advisory Committees; Notice of Recruitment of Private-Sector MembersPDF
82 FR 12817 - Notice Regarding Withdrawal of Obligation To Submit InformationPDF
82 FR 12856 - Southern Nuclear Operating Company, Inc., Vogtle Electric Generating Plant, Units 3 and 4; Column Line N Wall ITAAC Dimension ChangePDF
82 FR 12785 - Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS)PDF
82 FR 12715 - Establishment of Class E Airspace; Grand Chenier, LAPDF
82 FR 12784 - Codex Alimentarius Commission: Codex Committee on Pesticide Residues (CCPR)PDF
82 FR 12819 - Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding CompanyPDF
82 FR 12858 - Information Collection Request; Submission for OMB ReviewPDF
82 FR 12749 - Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of AlaskaPDF
82 FR 12823 - Agency Information Collection Activities: Submission for OMB Review; Comment Request; Federal Emergency Management Agency Public Assistance Customer Satisfaction SurveysPDF
82 FR 12824 - Agency Information Collection Activities: Proposed Collection; Comment Request; Effectiveness of a Community's Implementation of the NFIP Community Assistance Program CAC and CAV ReportsPDF
82 FR 12788 - Foreign-Trade Zone 163-Ponce, Puerto Rico; Application for Subzone; Caribe Rx Services, Inc.; Caguas, Puerto RicoPDF
82 FR 12789 - Approval of Subzone Status; Brake Parts Inc.; Hazleton, PennsylvaniaPDF
82 FR 12788 - Foreign-Trade Zone (FTZ) 265-Conroe, Texas; Notification of Proposed Production Activity; Bauer Manufacturing LLC dba NEORig (Stationary Oil/Gas Drilling Rigs); Conroe, TexasPDF
82 FR 12862 - Victory Portfolios, et al.; Notice of ApplicationPDF
82 FR 12747 - Atlantic Highly Migratory Species; Atlantic Bluefin Tuna FisheriesPDF
82 FR 12841 - Dioctyl Terephthalate (DOTP) From Korea: Scheduling of the Final Phase of an Antidumping Duty InvestigationPDF
82 FR 12788 - Foreign-Trade Zone 163-Ponce, Puerto Rico; Application for Subzone; R.Ortiz Auto Distributors, Inc.; Caguas, Puerto RicoPDF
82 FR 12789 - Foreign-Trade Zone 163-Ponce, Puerto Rico; Application for Subzone; Destilería Serrallés, Inc.; Ponce, Puerto RicoPDF
82 FR 12750 - Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian IslandsPDF
82 FR 12823 - Agency Information Collection Activities: Proposed Collection; Comment Request; State/Local/Tribal Hazard Mitigation PlansPDF
82 FR 12918 - Agency Information Collection Activity Under OMB Review (Application for Approval of a Program in a Foreign Country, VA Form 22-0976)PDF
82 FR 12917 - Agency Information Collection Activity Under OMB Review: Request for Information To Make Direct Payment to Child Reaching MajorityPDF
82 FR 12912 - Agency Information Collection Activity Under OMB Review: Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) and Support of Claim for Service Connection for Post-Traumatic Stress Disorder (PTSD) Secondary to Personal AssaultPDF
82 FR 12911 - Agency Information Collection Activity Under OMB Review: Supporting Statement for State Approving Agency Reports and NoticesPDF
82 FR 12919 - Agency Information Collection Activity Under OMB Review: Knee and Lower Leg Conditions Disability Benefits Questionnaire (VA Form 21-0960M-9)PDF
82 FR 12918 - Agency Information Collection Activity Under OMB Review: (Elbow and Forearm Conditions Disability Benefits Questionnaire (VA Form 21-0960M-4)PDF
82 FR 12917 - Agency Information Collection Activity Under OMB Review: (Hip and Thigh Conditions Disability Benefits Questionnaire (VA Form 21-0960M-8)PDF
82 FR 12914 - Agency Information Collection Activity Under OMB Review: (Foot Conditions Including Flatfoot (Pes Planus) Disability Benefits Questionnaire (VA Form 21-0960M-6)PDF
82 FR 12913 - Agency Information Collection Activity Under OMB Review: (Back (Thoracolumbar Spine) Conditions Disability Benefits Questionnaire (VA Form 21-0960M-14)PDF
82 FR 12879 - Notice of Public MeetingPDF
82 FR 12798 - Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan: Final Results of the Expedited Fourth Sunset Reviews of the Antidumping Duty OrdersPDF
82 FR 12793 - Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2016PDF
82 FR 12805 - Certain Helical Spring Lock Washers From the People's Republic of China and Taiwan: Final Results of the Expedited Fourth Five-Year Sunset Reviews of the Antidumping Duty OrdersPDF
82 FR 12816 - City of Dover, Delaware; Notice of FilingPDF
82 FR 12807 - Balfour, Scott C.; Notice of FilingPDF
82 FR 12791 - Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair ValuePDF
82 FR 12796 - Steel Concrete Reinforcing Bar From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair ValuePDF
82 FR 12800 - Steel Concrete Reinforcing Bar From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional MeasuresPDF
82 FR 12802 - Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescisssion of Antidumping Duty Administrative Review; 2014-2016PDF
82 FR 12815 - Combined Notice of FilingsPDF
82 FR 12806 - Combined Notice of FilingsPDF
82 FR 12816 - Combined Notice of Filings #2PDF
82 FR 12810 - Combined Notice of Filings #1PDF
82 FR 12818 - Disability Advisory Committee; Announcement of Members and Date of First MeetingPDF
82 FR 12730 - Pacific Halibut Fisheries; Catch Sharing PlanPDF
82 FR 12835 - Notice of Inventory Completion: U.S. Army Garrison Fort Leonard Wood, Pulaski County, MOPDF
82 FR 12826 - Notice of Intent To Repatriate Cultural Items: Denver Museum of Nature & Science, Denver, COPDF
82 FR 12833 - Notice of Intent To Repatriate Cultural Items: Denver Museum of Nature & Science, Denver, COPDF
82 FR 12828 - Notice of Intent To Repatriate Cultural Items: Denver Museum of Nature & Science, Denver, COPDF
82 FR 12826 - Notice of Inventory Completion: St. Joseph Museums, Inc., St. Joseph, MOPDF
82 FR 12836 - Notice of Inventory Completion: The Florida Department of State/Division of Historical Resources, Tallahassee, FLPDF
82 FR 12832 - Notice of Inventory Completion: Arkansas State Highway and Transportation Department, Little Rock, ARPDF
82 FR 12829 - Notice of Inventory Completion: Murray State University Archaeology Laboratory, Murray, KYPDF
82 FR 12834 - Notice of Inventory Completion: U.S. Army Garrison Fort Leonard Wood, Pulaski County, MOPDF
82 FR 12842 - Ammonium Sulfate From ChinaPDF
82 FR 12782 - Advisory Committee on Minority Farmers; Notice of Solicitation for MembershipPDF
82 FR 12904 - Agency Information Collection Activities: Information Collection Renewal; Submission for OMB Review; Generic Clearance for the Collection of Qualitative Feedback on Agency Service DeliveryPDF
82 FR 12889 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 12782 - Advisory Committee on Beginning Farmers and Ranchers; Request for NominationsPDF
82 FR 12880 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 12806 - Endangered Species; File No. 17304PDF
82 FR 12902 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 12898 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 12886 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 12901 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 12891 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 12890 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 12881 - Qualification of Drivers; Exemption Applications; Diabetes MellitusPDF
82 FR 12899 - Qualification of Drivers; Exemption Applications; DiabetesPDF
82 FR 12716 - Safety Standard for Magnet Sets; Removal of Final Rule Vacated by CourtPDF
82 FR 12822 - Waterway Suitability Assessment for Construction of a Liquefied Natural Gas Facility; Jacksonville, FLPDF
82 FR 12811 - Gulf South Pipeline Company, LP; Notice of Intent To Prepare a Supplemental Environmental Assessment for the Amended Coastal Bend Header Project and Request for Comments on Environmental IssuesPDF
82 FR 12807 - Lock 9 Hydro Partners; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments and Motions To IntervenePDF
82 FR 12817 - Swan Lake North Pumped Storage Project; Notice of MeetingPDF
82 FR 12809 - Wisconsin Public Service Corporation; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway PrescriptionsPDF
82 FR 12808 - Wisconsin Public Service Corporation; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway PrescriptionsPDF
82 FR 12814 - Gulf South Pipeline Company, LP; Notice of ApplicationPDF
82 FR 12813 - Tennessee Gas Pipeline Company, L.L.C.; Notice of Schedule for Environmental Review of the Lone Star ProjectPDF
82 FR 12843 - Stainless Steel Sheet and Strip From Japan, Korea, and Taiwan Scheduling of Full Five-Year ReviewsPDF
82 FR 12753 - Airworthiness Directives; Bell Helicopter Textron Canada LimitedPDF
82 FR 12755 - Airworthiness Directives; Honeywell International Inc. Turbofan EnginesPDF
82 FR 12850 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Report of Construction Contractor's Wage RatesPDF
82 FR 12851 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; American Apprenticeship Initiative GrantsPDF
82 FR 12849 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Survey of Occupational Injuries and IllnessesPDF
82 FR 12848 - Notice of Lodging of Proposed Consent Decree Under The Clean Air Act and Resource Conservation and Recovery ActPDF
82 FR 12847 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Medical CBRN Defense ConsortiumPDF
82 FR 12847 - Notice Pursuant to the National Cooperative Research and Production Act of 1993-Pistoia Alliance, Inc.PDF
82 FR 12840 - Notice of Proposed Information Collection; Request for Comments for 1029-0055PDF
82 FR 12839 - Notice of Proposed Information Collection; Request for Comments for 1029-0067PDF
82 FR 12840 - Notice of Proposed Information Collection; Request for Comments for 1029-0114PDF
82 FR 12839 - Notice of Availability of the Proposed Notice of Sale for Gulf of Mexico Outer Continental Shelf Oil and Gas Lease Sale 249PDF
82 FR 12915 - Cost of Living Adjustments Effective December 1, 2016PDF
82 FR 12878 - Agency Information Collection Activities: Proposed Request and Comment RequestPDF
82 FR 12821 - Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial ReviewPDF
82 FR 12869 - Self-Regulatory Organizations; NYSE Arca, Inc.; Notice of Filing of Amendment Nos. 1 and 2 and Order Granting Accelerated Approval of a Proposed Rule Change, as Modified by Amendment Nos. 1 and 2, To Amend NYSE Arca Rule 6.91PDF
82 FR 12860 - Self-Regulatory Organizations; Bats BZX Exchange, Inc.; Notice of Filing of a Proposed Rule Change To List and Trade Shares of the Amplify YieldShares Oil Hedged MLP Fund, a Series of the Amplify ETF Trust, Under Rule 14.11(i), Managed Fund SharesPDF
82 FR 12864 - Self-Regulatory Organizations; BOX Options Exchange LLC; Notice of Filing of Amendment No. 1 and Order Instituting Proceedings To Determine Whether To Approve or Disapprove a Proposed Rule Change, as Modified by Amendment No. 1, To Adopt Rules for an Open-Outcry Trading FloorPDF
82 FR 12916 - Agency Information Collection Activity: Statement of Marital Relationship (VA Form 21-4170)PDF
82 FR 12912 - Agency Information Collection Activity (Hand and Finger Conditions Disability Benefits Questionnaire (VA Form 21-0960M-7))PDF
82 FR 12919 - Agency Information Collection Activity: Create Payment Request for the VA Funding Fee Payment System (VA Form 26-8986)PDF
82 FR 12913 - Agency Information Collection Activity: Application for Increased Compensation Based on Unemployability (VA Form 21-8940)PDF
82 FR 12914 - Agency Information Collection Activity Under OMB Review (Residency Verification Report-Veterans and Survivors (FL 21-914))PDF
82 FR 12911 - Agency Information Collection Activity Under OMB Review (Declaration of Status of Dependents (VA Form 21-686c))PDF
82 FR 12844 - Certain Network Devices, Related Software and Components Thereof (II); Commission Decision To Review in Part a Final Initial Determination Finding a Violation of Section 337; Request for Written SubmissionsPDF
82 FR 12858 - Proposed Collection; Comment RequestPDF
82 FR 12908 - Proposed Collection; Comment Request for Form 8838PDF
82 FR 12908 - Proposed Collection; Comment Request for Form 8038-RPDF
82 FR 12909 - Proposed Collection; Comment Request for Form 8941PDF
82 FR 12906 - Proposed Collection; Comment Request for Form 13094PDF
82 FR 12909 - Proposed Collection; Comment Request for Form 8886-TPDF
82 FR 12905 - Proposed Collection; Comment Request for Regulation ProjectPDF
82 FR 12855 - Proposed Extension of Information Collection; Respirator Program RecordsPDF
82 FR 12853 - Proposed Extension of Information Collection; Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of MinesPDF
82 FR 12852 - Proposed Extension of Information Collection; Records of Tests and of Examinations of Personnel Hoisting EquipmentPDF
82 FR 12848 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Application for Approval of a Representative's Fee in Black Lung Claim Proceedings Conducted by the U.S. Department of LaborPDF
82 FR 12757 - Request for Comment on Possible Changes to Industry Guide 3 (Statistical Disclosure by Bank Holding Companies)PDF
82 FR 12907 - Proposed Collection; Comment Request for Statements to Recipients of Dividend PaymentsPDF
82 FR 12906 - Proposed Collection; Comment Request on Information Collection Tools Relating to Using Omnibus SurveysPDF
82 FR 12821 - National Institute of Allergy and Infectious Diseases; Notice of Closed MeetingPDF
82 FR 12821 - National Center for Complementary and Integrative Health; Notice of Closed MeetingPDF
82 FR 12822 - Eunice Kennedy Shriver National Institute of Child Health & Human Development; Notice of Closed MeetingPDF
82 FR 12847 - Meeting of the Judicial Conference Advisory; Committee on Rules of Criminal ProcedurePDF
82 FR 12910 - Agency Information Collection Activities; Submission for OMB Review; Comment Request; Change in Minimum Funding MethodPDF
82 FR 12847 - Meeting of the Judicial Conference Advisory; Committee on Rules of Civil ProcedurePDF
82 FR 12819 - Health Risks to Workers Associated With Occupational Exposures to Peracetic Acid; Request for InformationPDF
82 FR 12818 - Formations of, Acquisitions by, and Mergers of Bank Holding CompaniesPDF
82 FR 12858 - Request To Amend a License To Export Radioactive WastePDF
82 FR 12717 - Annual Update to Fee Schedule for the Use of Government Lands by Hydropower LicenseesPDF
82 FR 12713 - Amendment of Class E Airspace for the Following Ohio Towns; Findlay, OH; Ashland, OH; Celina, OH; Circleville, OH; Columbus, OH; Defiance, OH; Hamilton, OH; Lima, OH; and London, OHPDF

Issue

82 43 Tuesday, March 7, 2017 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12783-12784 2017-04463 Agriculture Agriculture Department See

Agricultural Marketing Service

See

Food Safety and Inspection Service

See

Office of Advocacy and Outreach

Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Medical CBRN Defense Consortium, 12847-12848 2017-04363 Pistoia Alliance, Inc., 12847 2017-04362 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 12821 2017-04354 Requests for Information: Health Risks to Workers Associated with Occupational Exposures to Peracetic Acid, 12819-12821 2017-04319 Coast Guard Coast Guard NOTICES Waterway Suitability Assessments: Construction of Liquefied Natural Gas Facility; Jacksonville, FL, 12822-12823 2017-04380 Commerce Commerce Department See

Foreign-Trade Zones Board

See

Industry and Security Bureau

See

International Trade Administration

See

National Oceanic and Atmospheric Administration

NOTICES Requests for Information: Impact of Federal Regulations on Domestic Manufacturing, 12786-12788 2017-04516
Comptroller Comptroller of the Currency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for Collection of Qualitative Feedback on Agency Service Delivery, 12904-12905 2017-04394 Consumer Product Consumer Product Safety Commission RULES Safety Standard for Magnet Sets; Removal of Final Rule Vacated by Court, 12716-12717 2017-04381 Energy Department Energy Department See

Federal Energy Regulatory Commission

Environmental Protection Environmental Protection Agency NOTICES Withdrawal of Obligation to Submit Information, 12817 2017-04458 Federal Aviation Federal Aviation Administration RULES Class E Airspace; Amendments: Findlay, Ashland, Celina, Circleville, Columbus, Defiance, Hamilton, Lima, and London, OH, 12713-12715 2017-04182 Class E Airspace; Establishments: Grand Chenier, LA, 12715-12716 2017-04452 PROPOSED RULES Airworthiness Directives: Bell Helicopter Textron Canada Limited, 12753-12754 2017-04371 Honeywell International Inc. Turbofan Engines, 12755-12757 2017-04370 Federal Communications Federal Communications Commission NOTICES Meetings: Disability Advisory Committee, 12818 2017-04408 Federal Emergency Federal Emergency Management Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Effectiveness of Community's Implementation of NFIP Community Assistance Program CAC and CAV Reports, 12824-12825 2017-04444 Federal Emergency Management Agency Public Assistance Customer Satisfaction Surveys, 12823 2017-04445 State, Local, Tribal Hazard Mitigation Plans, 12823-12824 2017-04434 Federal Energy Federal Energy Regulatory Commission RULES Annual Update to Fee Schedule for Use of Government Lands by Hydropower Licensees, 12717-12730 2017-04236 NOTICES Applications: Gulf South Pipeline Co., LP, 12814 2017-04374 Combined Filings, 12806-12807, 12810-12811, 12815-12817 2017-04409 2017-04410 2017-04411 2017-04412 Environmental Assessments; Availability, etc.: Gulf South Pipeline Co., LP; Coastal Bend Header Project, 12811-12813 2017-04379 Tennessee Gas Pipeline Co., LLC; Lone Star Project; Schedule for Environmental Review, 12813-12814 2017-04373 Filings: Dover, DE, 12816 2017-04418 Scott C. Balfour, 12807 2017-04417 Hydroelectric Applications: Lock 9 Hydro Partners, 12807-12808 2017-04378 Wisconsin Public Service Corp., 12808-12810 2017-04375 2017-04376 Meetings: Swan Lake North Pumped Storage Project, 12817 2017-04377 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings; Sunshine Act, 12818 2017-04572 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Diabetes, 12886-12890, 12898-12902 2017-04382 2017-04386 2017-04387 2017-04388 2017-04393 Diabetes Mellitus, 12880-12886, 12890-12898, 12902-12904 2017-04383 2017-04384 2017-04385 2017-04389 2017-04391 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 12819 2017-04449 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 12818-12819 2017-04314 Food Safety Food Safety and Inspection Service NOTICES Meetings: Codex Alimentarius Commission Committee on Food Import and Export Inspection and Certification Systems, 12785-12786 2017-04453 Codex Alimentarius Commission: Codex Committee on Pesticide Residues, 12784-12785 2017-04451 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activities: Bauer Manufacturing, LLC dba NEORig, Foreign-Trade Zone 265, Conroe, TX, 12788-12789 2017-04441 Subzone Status; Applications: Caribe Rx Services, Inc., Foreign-Trade Zone 163, Ponce, PR, 12788 2017-04443 Destileria Serralles, Inc.; Foreign-Trade Zone 163, Ponce, PR, 12789 2017-04436 R.Ortiz Auto Distributors, Inc.; Foreign-Trade Zone 163, Ponce, PR, 12788 2017-04437 Subzone Status; Approvals: Brake Parts Inc. Hazleton, PA, 12789 2017-04442 Health and Human Health and Human Services Department See

Centers for Disease Control and Prevention

See

National Institutes of Health

Homeland Homeland Security Department See

Coast Guard

See

Federal Emergency Management Agency

Housing Housing and Urban Development Department NOTICES Meetings: Housing Counseling Federal Advisory Committee, 12825-12826 2017-04562 Industry Industry and Security Bureau NOTICES Meetings: Emerging Technology and Research Advisory Committee, 12791 2017-04460 Regulations and Procedures Technical Advisory Committee, 12790 2017-04462 Sensors and Instrumentation Technical Advisory Committee, 12789-12790 2017-04461 Recruitment of Private-Sector Members: Technical Advisory Committees, 12790-12791 2017-04459 Interior Interior Department See

National Park Service

See

Ocean Energy Management Bureau

See

Surface Mining Reclamation and Enforcement Office

Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12905-12906, 12908-12910 2017-04334 2017-04335 2017-04336 2017-04338 2017-04339 2017-04340 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Statements to Recipients of Dividend Payments, 12907 2017-04328 Tools Relating to Using Omnibus Surveys, 12906-12907 2017-04327 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, 12793-12796 2017-04420 Certain Crystalline Silicon Photovoltaic Products from Taiwan, 12802-12805 2017-04413 Certain Helical Spring Lock Washers from People's Republic of China and Taiwan, 12805 2017-04419 Welded ASTM A-312 Stainless Steel Pipe from South Korea and Taiwan, 12798-12800 2017-04421 Determinations of Sales at Less Than Fair Value: Steel Concrete Reinforcing Bar from Japan, 12796-12798 2017-04415 Steel Concrete Reinforcing Bar from Republic of Turkey, 12791-12793 2017-04416 Steel Concrete Reinforcing Bar from Taiwan, 12800-12802 2017-04414 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Ammonium Sulfate from China, 12842-12843 2017-04397 Stainless Steel Sheet and Strip from Japan, Korea, and Taiwan, 12843-12844 2017-04372 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Network Devices, Related Software and Components Thereof, 12844-12847 2017-04343 Dioctyl terephthalate (DOTP) from Korea, 12841-12842 2017-04438 Judicial Conference Judicial Conference of the United States NOTICES Meetings: Advisory Committee on Rules of Civil Procedure, 12847 2017-04320 Advisory Committee on Rules of Criminal Procedure, 12847 2017-04322 Justice Department Justice Department See

Antitrust Division

NOTICES Consent Decrees: Proposed Consent Decrees under Clean Air Act and Resource Conservation and Recovery Act, 12848 2017-04364
Labor Department Labor Department See

Mine Safety and Health Administration

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: American Apprenticeship Initiative Grants, 12851-12852 2017-04368 Application for Approval of Representative's Fee in Black Lung Claim Proceedings Conducted by U.S. Department of Labor, 12848-12849 2017-04330 Report of Construction Contractor's Wage Rates, 12850-12851 2017-04369 Survey of Occupational Injuries and Illnesses, 12849-12850 2017-04367
Mine Mine Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Records of Tests and of Examinations of Personnel Hoisting Equipment, 12852-12853 2017-04331 Representative of Miners, Notification of Legal Identity, and Notification of Commencement of Operations and Closing of Mines, 12853-12854 2017-04332 Respirator Program Records, 12855 2017-04333 NASA National Aeronautics and Space Administration NOTICES Meetings: Advisory Council; Human Exploration and Operations Committee, 12856 2017-04465 National Institute National Institutes of Health NOTICES Meetings: Eunice Kennedy Shriver National Institute of Child Health and Human Development, 12822 2017-04324 National Center for Complementary and Integrative Health, 12821 2017-04325 National Institute of Allergy and Infectious Diseases, 12821 2017-04326 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species: Atlantic Bluefin Tuna Fisheries, 12747-12749 2017-04439 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher/Processors using Trawl Gear in Western Regulatory Area of Gulf of Alaska, 12749-12750 2017-04446 Reallocation of Pollock in Bering Sea and Aleutian Islands, 12750-12752 2017-04435 Pacific Halibut Fisheries: Catch Sharing Plan, 12730-12746 2017-04407 NOTICES Permits: Endangered Species; File No. 17304, 12806 2017-04390 National Park National Park Service NOTICES Inventory Completions: Arkansas State Highway and Transportation Department, Little Rock, AR, 12832-12833 2017-04400 Florida Department of State/Division of Historical Resources, Tallahassee, FL, 12836-12839 2017-04401 Murray State University Archaeology Laboratory, Murray, KY, 12829-12832 2017-04399 St. Joseph Museums, Inc., St. Joseph, MO, 12826-12828 2017-04402 U.S. Army Garrison Fort Leonard Wood, Pulaski County, MO, 12834-12836 2017-04398 2017-04406 Repatriations of Cultural Items: Denver Museum of Nature and Science, Denver, CO, 12826, 12828-12829, 12833-12834 2017-04403 2017-04404 2017-04405 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Exemptions and Combined Licenses; Amendments: Southern Nuclear Operating Co., Inc., Vogtle Electric Generating Plant, Units 3 and 4; Column Line N Wall ITAAC Dimension Change, 12856-12857 2017-04455 License Applications; Amendments; Correction, 12858 2017-04284 Ocean Energy Management Ocean Energy Management Bureau NOTICES Oil and Gas Lease Sales: Gulf of Mexico Outer Continental Shelf, 12839 2017-04358 Advocacy Outreach Office of Advocacy and Outreach NOTICES Requests for Nominations: Advisory Committee on Beginning Farmers and Ranchers, 12782 2017-04392 Advisory Committee on Minority Farmers, 12782-12783 2017-04395 Peace Peace Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Global Health Service Professional Reference Form, 12858 2017-04447 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12858-12859 2017-04341 Securities Securities and Exchange Commission PROPOSED RULES Industry Guide 3: Statistical Disclosure by Bank Holding Companies, 12757-12781 2017-04329 NOTICES Applications: Victory Portfolios, et al., 12862-12863 2017-04440 Meetings; Sunshine Act, 12859-12860, 12864 2017-04495 2017-04496 2017-04497 Self-Regulatory Organizations; Proposed Rule Changes: Bats BZX Exchange, Inc., 12860-12862 2017-04351 BOX Options Exchange, LLC, 12864-12869 2017-04350 NYSE Arca, Inc., 12869-12878 2017-04352 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12878-12879 2017-04355 State Department State Department NOTICES Meetings: Preparation for Forty-First Session of International Maritime Organization's Facilitation Committee, 12879-12880 2017-04422 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 12839-12841 2017-04359 2017-04360 2017-04361 Transportation Department Transportation Department See

Federal Aviation Administration

See

Federal Motor Carrier Safety Administration

Treasury Treasury Department See

Comptroller of the Currency

See

Internal Revenue Service

See

United States Mint

NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Change in Minimum Funding Method, 12910 2017-04321
U.S. Mint United States Mint NOTICES Meetings: Citizens Coinage Advisory Committee, 12910-12911 2017-04466 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Approval of Program in Foreign Country, 12918 2017-04431 Application for Increased Compensation Based on Unemployability, 12913 2017-04346 Back (Thoracolumbar Spine) Conditions Disability Benefits Questionnaire, 12913-12914 2017-04423 Create Payment Request for VA Funding Fee Payment System, 12919-12920 2017-04347 Declaration of Status of Dependents, 12911-12912 2017-04344 Elbow and Forearm Conditions Disability Benefits Questionnaire, 12918-12919 2017-04426 Foot Conditions Including Flatfoot (Pes Planus) Disability Benefits Questionnaire, 12914 2017-04424 Hand and Finger Conditions Disability Benefits Questionnaire, 12912 2017-04348 Hip and Thigh Conditions Disability Benefits Questionnaire, 12917 2017-04425 Knee and Lower Leg Conditions Disability Benefits Questionnaire, 12919 2017-04427 Request for Information to Make Direct Payment to Child Reaching Majority, 12917-12918 2017-04430 Residency Verification Report—Veterans and Survivors, 12914-12915 2017-04345 Statement of Marital Relationship, 12916-12917 2017-04349 Support of Claim for Service Connection for Post-Traumatic Stress Disorder and Support of Claim for Service Connection for Post-Traumatic Stress Disorder Secondary to Personal Assault, 12912-12913 2017-04429 Supporting Statement for State Approving Agency Reports and Notices, 12911 2017-04428 Cost of Living Adjustments, 12915-12916 2017-04356 Reader Aids

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82 43 Tuesday, March 7, 2017 Rules and Regulations DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-8839; Airspace Docket No. 16-AGL-19] Amendment of Class E Airspace for the Following Ohio Towns; Findlay, OH; Ashland, OH; Celina, OH; Circleville, OH; Columbus, OH; Defiance, OH; Hamilton, OH; Lima, OH; and London, OH AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action modifies Class E airspace designated as a surface area at Findlay Airport, Findlay, OH; and Class E airspace extending upward from 700 feet above the surface at Ashland County Airport, Ashland, OH; Lakefield Airport, Celina, OH; Pickaway County Memorial Airport, Circleville, OH; Ross County Airport, Chillicothe, OH; Fairfield County Airport, Lancaster, OH; Defiance Memorial Airport, Defiance, OH; Findlay Airport; Bluffton Airport, Findlay, OH; Butler County Airport-Hogan Field, Hamilton, OH; Lima Allen County Airport, Lima, OH; and Madison County Airport, London, OH. 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 these airports. This action also updates the geographic coordinates for Port Columbus International Airport; Findlay Airport; Ashland County Airport; Samaritan Hospital Heliport, Ashland, OH; Lakefield Airport; Ross County Airport; Defiance Regional Medical Center Heliport, Defiance, OH; Bluffton Airport; Lima Allen County Airport; and St. Rita's Medical Center Heliport, Lima, OH, to coincide with the FAA's aeronautical database. Also, the names of Samaritan Hospital Heliport (formerly Samaritian Regional Health System), Defiance Regional Medical Center Heliport (formerly Defiance Hospital), and Butler County Regional Airport-Hogan Field (formerly Butler County Regional Airport) are being updated to coincide with the FAA's aeronautical database.

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 amends Class E airspace designated as a surface area at Findlay Airport, Findlay, OH; and Class E airspace extending upward from 700 feet above the surface at Ashland County Airport, Ashland, OH; Lakefield Airport, Celina, OH; Pickaway County Memorial Airport, Circleville, OH; Ross County Airport, Chillicothe, OH; Fairfield County Airport, Lancaster, OH; Defiance Memorial Airport, Defiance, OH; Findlay Airport; Bluffton Airport, Findlay, OH; Butler County Airport-Hogan Field, Hamilton, OH; Lima Allen County Airport, Lima, OH; and Madison County Airport, London, OH.

History

On September 27, 2016, the FAA published in the Federal Register a notice of proposed rulemaking (NPRM), (81 FR 66221) Docket No. FAA-2016-8839, to modify Class E airspace designated as a surface area at Findlay Airport, Findlay, OH; and Class E airspace extending upward from 700 feet above the surface at Ashland County Airport, Ashland, OH; Lakefield Airport, Celina, OH; Pickaway County Memorial Airport, Circleville, OH; Ross County Airport, Chillicothe, OH; Fairfield County Airport, Lancaster, OH; Defiance Memorial Airport, Defiance, OH; Findlay Airport; Bluffton Airport, Findlay, OH; Butler County Airport-Hogan Field, Hamilton, OH; Lima Allen County Airport, Lima, OH; and Madison County Airport, London, OH. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

Subsequent to publication, the FAA discovered a typographical error in the geographic coordinates for Yellow Bud VOR (lat. 39°31′2637″ N. vice lat. 39°31′37″ N.) listed in the boundary description for Circleville, OH. This error has been corrected in this action.

Class E airspace designations are published in paragraph 6002 and 6005, respectively, 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 designated as a surface area at Findlay Airport, Findlay, OH, by removing the segments extending from the 4.3-mile radius 7.4 miles south and northeast of the airport, and updating the geographic coordinates of the airport to coincide with the FAA's aeronautical database.

Class E airspace extending upward from 700 feet above the surface:

By updating the geographic coordinates of Ashland County Airport and noting the name change of Samaritan Hospital Heliport (formerly Samaritian Regional Health System), Ashland, OH, to coincide with the FAA's aeronautical database;

Within a 6.4-mile radius (reduced from a 7-mile radius) of Lakefield Airport, Celina, OH, and updates the geographic coordinates of the airport to coincide with the FAA's aeronautical database;

Within a 6.4-mile radius (reduced from a 10-mile radius) of Pickaway County Memorial Airport, Circleville, OH, with an extension from the 6.4-mile radius to 10.5 miles north of the airport, and within a 6.5-mile radius (reduced from a 9.1-mile radius) of Ross County Airport, Chillicothe, OH, and updates the geographic coordinates of the Ross County Airport to coincide with the FAA's aeronautical database;

By updating the geographic coordinates of Port Columbus International Airport, Columbus, OH, and amending the radius of the Fairfield County Airport, Lancaster, OH, to within a 7.0-mile radius (increased from a 6.4-mile radius);

Within a 6.4-mile radius (reduced from a 7-mile radius) of Defiance Memorial Airport, Defiance, OH, and updates the geographic coordinates and name of Defiance Regional Medical Center Heliport (formerly Defiance Hospital), Defiance, OH, to coincide with the FAA's aeronautical database;

Within a 6.8-mile radius (reduced from a 7.4-mile radius) of Findlay Airport, Findlay, OH, and within a 7.2-mile radius (increased from a 6.6-mile radius) of Bluffton Airport, Findlay, OH, and updates the geographic coordinates of these airports to coincide with the FAA's aeronautical database;

Within a 6.9-mile radius (increased from a 6.6-mile radius) of Butler County Regional Airport-Hogan Field, Hamilton, OH, and updates the name of the airport (formerly Butler County Regional Airport) to coincide with the FAA's aeronautical database;

By removing the Allen County VOR from the boundary description of Lima Allen County Airport, Lima, OH, and updating the name of St. Rita's Medical Center Heliport (formerly Saint Rita's Medical Center), Lima, OH, and updating the geographic and point in space coordinates of these airports to coincide with the FAA's aeronautical database;

And by removing the segment extending from the 6.4-mile radius 7.4 miles west of Madison County Airport, London, OH.

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

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 6002 Class E Airspace Designated as Surface Areas. AGL OH E2 Findlay, OH [Amended] Findlay Airport, OH (Lat. 41°00′43″ N., long. 83°40′07″ W.)

Lutz Airport

(Lat. 40°57′42″ N., long. 83°35′43″ W.)

Within a 4.3-mile radius of the Findlay Airport excluding that portion within a 1-mile radius of the Lutz Airport.

Paragraph 6005 Class E Airspace Areas Extending Upward From 700 Feet or More Above the Surface of the Earth. AGL OH E5 Ashland, OH [Amended] Ashland County Airport, OH (Lat. 40°54′11″ N., long. 82°15′20″ W.) Samaritan Hospital Heliport, OH, Point in Space Coordinates (Lat. 40°51′34″ N., long. 82°18′30″ W.)

That airspace extending upward from 700 feet above the surface within a 6.3-mile radius of Ashland County Airport, and within a 6-mile radius of the Point in Space serving Samaritan Hospital Heliport, excluding that airspace which lies within the Mansfield, OH, Class E airspace area.

AGL OH E5 Celina, OH [Amended] Lakefield Airport, OH (Lat. 40°29′03″ N., long. 84°33′30″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Lakefield Airport, excluding that airspace within the Wapakoneta, OH, Class E airspace area.

AGL OH E5 Circleville, OH [Amended] Circleville, Pickaway County Memorial Airport, OH (Lat. 39°30′58″ N., long. 82°58′56″ W.) Chillicothe, Ross County Airport, OH (Lat. 39°26′26″ N., long. 83°01′23″ W.) Yellow Bud VOR (Lat. 39°31′37″ N., long. 82°58′41″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Pickaway County Memorial Airport, and within 2.9 miles either side of the 345° radial from the Yellow Bud VOR extending from the 6.4-mile radius to 10.5 miles north of the airport, and within a 6.5-mile radius of the Ross County Airport, excluding that airspace within the Waverly, OH, Class E Airspace area.

AGL OH E5 Columbus, OH [Amended] Columbus, Port Columbus International Airport, OH (Lat. 39°59′49″ N., long. 82°53′32″ W.) Columbus, Rickenbacker International Airport, OH (Lat. 39°48′50″ N., long. 82°55′40″ W.) Columbus, Ohio State University Airport, OH (Lat. 40°04′47″ N., long. 83°04′23″ W.) Columbus, Bolton Field Airport, OH (Lat. 39°54′04″ N., long. 83°08′13″ W.) Columbus, Darby Dan Airport, OH (Lat. 39°56′31″ N., long. 83°12′18″ W.) Lancaster, Fairfield County Airport, OH (Lat. 39°45′20″ N., long. 82°39′26″ W.)

That airspace extending upward from 700 feet above the surface within a 7-mile radius of Port Columbus International Airport, and within 3.3 miles either side of the 094° bearing from Port Columbus International Airport extending from the 7-mile radius to 12.1 miles east of the airport, and within a 7-mile radius of Rickenbacker International Airport, and within 4 miles either side of the 045° bearing from Rickenbacker International Airport extending from the 7-mile radius to 12.5 miles northeast of the airport, and within a 6.5-mile radius of Ohio State University Airport, and within a 7.4-mile radius of Bolton Field Airport, and within a 7-mile radius of Fairfield County Airport, and within a 6.5-mile radius of Darby Dan Airport, excluding that airspace within the London, OH, Class E airspace area.

AGL OH E5 Defiance, OH [Amended] Defiance Memorial Airport, OH (Lat. 41°20′15″ N., long. 84°25′44″ W.) Defiance Regional Medical Center Heliport, OH, Point in Space Coordinates (Lat. 41°17′53″ N., long. 84°22′40″ W.)

That airspace extending upward from 700 feet above the surface within a 6.4-mile radius of Defiance Memorial Airport, and within a 6-mile radius of the Point in Space serving Defiance Regional Medical Center Heliport.

AGL OH E5 Findlay, OH [Amended] Findlay Airport, OH (Lat. 41°00′43″ N., long. 83°40′07″ W.) Bluffton Airport, OH (Lat. 40°53′08″ N., long. 83°52′07″ W.)

That airspace extending upward from 700 feet above the surface within a 6.8-mile radius of Findlay Airport and within a 7.2-mile radius of Bluffton Airport.

AGL OH E5 Hamilton, OH [Amended] Butler County Regional Airport-Hogan Field, OH (Lat. 39°21′50″ N., long. 84°31′19″ W.)

That airspace extending upward from 700 feet above the surface within a 6.9-mile radius of Butler County Regional Airport-Hogan Field.

AGL OH E5 Lima, OH [Amended] Lima Allen County Airport, OH (Lat. 40°42′27″ N., long. 84°01′37″ W.) St. Rita's Medical Center Heliport, OH, Point in Space Coordinates (Lat. 40°44′26″ N., long. 84°07′06″ W.)

That airspace extending upward from 700 feet above the surface within a 6.6-mile radius of Lima Allen County Airport, and within a 6-mile radius of the Point in Space serving St. Rita's Medical Center Heliport, excluding the airspace within the Findlay, OH, Class E airspace area.

AGL OH E5 London, OH [Amended] Madison County Airport, OH (Lat. 39°55′58″ N., long. 83°27′43″ W.)

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

Issued in Fort Worth, Texas, on February 22, 2017. Walter Tweedy, Acting Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-04182 Filed 3-6-17; 8:45 am] BILLING CODE 4910-13-P
DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA-2016-6661; Airspace Docket No. 16-ASW-10] Establishment of Class E Airspace; Grand Chenier, LA AGENCY:

Federal Aviation Administration (FAA), DOT.

ACTION:

Final rule.

SUMMARY:

This action establishes Class E airspace extending upward from 700 feet above the surface at Little Pecan Island Airport, Grand Chenier, LA. Controlled airspace is necessary to accommodate new Standard Approach Procedures developed at Little Pecan Island Airport, for the safety and management of Instrument Flight Rules (IFR) operations at the 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 7400.11 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:

Rebecca Shelby, Federal Aviation Administration, Operations Support Group, Central Service Center, 10101 Hillwood Parkway, Fort Worth, TX 76177; telephone (817) 222-5857.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

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

History

On December 9, 2016, the FAA published in the Federal Register (81FR 89012) FAA-2016-6661, a notice of proposed rulemaking (NPRM) to establish Class E Airspace extending upward from 700 feet above the surface at Little Pecan Island Airport, Grand Chenier, LA. Interested parties were invited to participate in this rulemaking effort by submitting written comments on the proposal to the FAA. No comments were received.

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 establishes Class E airspace extending upward from 700 feet above the surface within a 6-mile radius of Little Pecan Island Airport, Grand Chenier, LA, to accommodate new standard instrument approach procedures. Controlled airspace is needed for the safety and management of IFR operations at the airport.

Class E airspace areas are published in Section 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 designation 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 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. ASW LA E5 Grand Chenier, LA [NEW] Little Pecan Island Airport, LA (Lat. 29°47′59″ N., long. 092°48′13″ W.)

That airspace extending upward from 700 feet above the surface within a 6-mile radius of Little Pecan Island Airport

Issued in Fort Worth, Texas, on February 28, 2017. Robert L. Beck, Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2017-04452 Filed 3-6-17; 8:45 am] BILLING CODE 4910-13-P
CONSUMER PRODUCT SAFETY COMMISSION [Docket No. CPSC-2012-0050] 16 CFR Part 1240 Safety Standard for Magnet Sets; Removal of Final Rule Vacated by Court AGENCY:

Consumer Product Safety Commission.

ACTION:

Final rule.

SUMMARY:

This final rule removes from the Code of Federal Regulations the final rule published on October 3, 2014, titled, “Safety Standard for Magnet Sets.” This action responds to a decision of the U.S. Court of Appeals for the Tenth Circuit that vacated the rule.

DATES:

The action is effective on March 7, 2017. However, the court order had legal effect immediately upon its filing on November 22, 2016.

FOR FURTHER INFORMATION CONTACT:

Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission, Office of the Secretary, 4330 East-West Highway, Bethesda, MD 20814-4408, Room 820; telephone: 301-504-7923; email: [email protected]

SUPPLEMENTARY INFORMATION:

On October 3, 2014, the Consumer Product Safety Commission (CPSC or Commission) published a final rule titled, “Safety Standard for Magnet Sets” (magnet set rule) under the authority of the Consumer Product Safety Act. 79 FR 59962. The rule established requirements for magnet sets and individual magnets that are intended or marketed to be used with or as magnet sets. As defined in the rule, “magnet sets” are aggregations of separable magnetic objects that are marketed or commonly used as a manipulative or construction item for entertainment, such as puzzle working, sculpture building, mental stimulation, or stress relief. Under the rule, if a magnet set contains a magnet that fits within the CPSC's small parts cylinder, each magnet in the magnet set must have a flux index of 50 kG2 mm2 or less; an individual magnet that is marketed or intended for use as part of a magnet set also must meet these requirements. The rule provided that the flux index is determined by the method described in ASTM F963-11, Standard Consumer Safety Specification for Toy Safety.

On December 2, 2014, Zen Magnets, LLC (Zen) filed a petition in the U.S. Court of Appeals for the Tenth Circuit challenging the magnet set rule. The Tenth Circuit concluded that the Commission's rule provided incomplete and inadequately explained findings. The court vacated and remanded the rule to the Commission. Zen Magnets, LLC v. Consumer Product Safety Comm'n, No.14-9610 (10th Cir. Nov. 22, 2016). Consistent with that decision, this rule removes the magnet set rule at 16 CFR part 1240 and reserves that part.

This rule is not subject to the requirement to provide notice and an opportunity for public comment because it falls under the good cause exception at 5 U.S.C. 553(b)(B). The good cause exception is satisfied when notice and comment is “impracticable, unnecessary, or contrary to the public interest.” Id. This rule is an administrative step that implements the court's order vacating the magnet set rule. Additionally, because this rule implements a court order already in effect, the Commission has good cause to waive the 30-day effective date under 5 U.S.C. 553(d)(3).

List of Subjects in 16 CFR Part 1240

Consumer protection, Imports, Incorporation by reference, Infants and children, Law enforcement, Safety.

PART 1240—[REMOVED AND RESERVED] For the reasons stated above, under the authority of 15 U.S.C. 2056 and 2058, the Commission amends 16 CFR chapter II by removing and reserving part 1240. Dated: March 2, 2017. Todd A. Stevenson, Secretary, U.S. Consumer Product Safety Commission.
[FR Doc. 2017-04381 Filed 3-6-17; 8:45 am] BILLING CODE 6355-01-P
DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Part 11 [Docket No. RM11-6-000] Annual Update to Fee Schedule for the Use of Government Lands by Hydropower Licensees AGENCY:

Federal Energy Regulatory Commission.

ACTION:

Final rule; annual update to fee schedule.

SUMMARY:

In accordance with of the Commission's regulations, the Commission, by its designee, the Executive Director, issues this annual update to the fee schedule in the appendix to the part, which lists per-acre rental fees by county (or other geographic area) for use of government lands by hydropower licensees.

DATES:

This rule is effective March 7, 2017. Updates to appendix A to part 11 with the fee schedule of per-acre rental fees by county (or other geographic area) are applicable from October 1, 2016, through September 30, 2017 (Fiscal Year 2017).

FOR FURTHER INFORMATION CONTACT:

Norman Richardson, Financial Management Division, Office of the Executive Director, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-6219, [email protected]

SUPPLEMENTARY INFORMATION: Annual Update to Fee Schedule

Section 11.2 of the Commission's regulations provides a method for computing reasonable annual charges for recompensing the United States for the use, occupancy, and enjoyment of its lands by hydropower licensees.1 Annual charges for the use of government lands are payable in advance, and are based on an annual schedule of per-acre rental fees published in appendix A to part 11 of the Commission's regulations.2 This document updates the fee schedule in appendix A to part 11 for fiscal year 2017 (October 1, 2016, through September 30, 2017).

1Annual Charges for the Use of Government Lands, Order No. 774, 78 FR 5256 (January 25, 2013), FERC Stats. & Regs. ¶ 31,341 (2013).

2 18 CFR part 11 (2016).

Effective Date

This Final Rule is effective March 7, 2017. The provisions of 5 U.S.C. 804, regarding Congressional review of final rules, do not apply to this Final Rule because the rule concerns agency procedure and practice and will not substantially affect the rights or obligations of non-agency parties. This Final Rule merely updates the fee schedule published in the Code of Federal Regulations to reflect scheduled adjustments, as provided for in section 11.2 of the Commission's regulations.

List of Subjects in 18 CFR Part 11

Public lands.

By the Executive Director.

Issued: February 28, 2017. Anton C. Porter, Executive Director, Office of the Executive Director.

In consideration of the foregoing, the Commission amends part 11, chapter I, title 18, Code of Federal Regulations, as follows.

PART 11—[AMENDED] 1. The authority citation for part 11 continues to read as follows: Authority:

16 U.S.C. 792-828c; 42 U.S.C. 7101-7352.

2. Appendix A to part 11 is revised to read as follows: Appendix A to Part 11—Fee Schedule for FY 2017 State County Fee/
  • acre/
  • yr
  • Alabama Autauga $61.69 Baldwin 107.46 Barbour 61.05 Bibb 56.63 Blount 98.07 Bullock 58.79 Butler 65.57 Calhoun 82.25 Chambers 70.27 Cherokee 92.30 Chilton 79.18 Choctaw 50.56 Clarke 55.21 Clay 66.79 Cleburne 74.11 Coffee 71.18 Colbert 76.14 Conecuh 53.76 Coosa 55.96 Covington 60.88 Crenshaw 54.77 Cullman 112.76 Dale 67.77 Dallas 49.54 DeKalb 102.33 Elmore 85.72 Escambia 61.32 Etowah 96.08 Fayette 57.34 Franklin 56.80 Geneva 58.35 Greene 54.81 Hale 56.46 Henry 60.34 Houston 70.30 Jackson 70.54 Jefferson 121.70 Lamar 39.89 Lauderdale 80.19 Lawrence 82.58 Lee 101.92 Limestone 109.82 Lowndes 46.61 Macon 66.35 Madison 100.30 Marengo 48.13 Marion 59.97 Marshall 102.36 Mobile 109.68 Monroe 53.12 Montgomery 70.84 Morgan 100.77 Perry 47.38 Pickens 55.82 Pike 61.49 Randolph 75.87 Russell 61.05 St. Clair 113.36 Shelby 103.64 Sumter 38.41 Talladega 78.53 Tallapoosa 65.17 Tuscaloosa 80.05 Walker 69.59 Washington 45.59 Wilcox 45.43 Winston 70.23 Alaska 1 Aleutian Islands Area 1 Anchorage Area 1 Fairbanks Area 1 Juneau Area 1 Kenai Peninsula 1 All Areas 1 Arizona Apache 3.05 Cochise 22.17 Coconino 3.30 Gila 5.18 Graham 9.14 Greenlee 24.70 La Paz 20.33 Maricopa 89.60 Mohave 7.63 Navajo 4.09 Pima 8.25 Pinal 37.64 Santa Cruz 24.17 Yavapai 24.94 Yuma 114.25 Arkansas Arkansas 57.00 Ashley 62.42 Baxter 57.32 Benton 95.30 Boone 55.28 Bradley 75.05 Calhoun 52.83 Carroll 54.63 Chicot 57.27 Clark 39.70 Clay 68.71 Cleburne 58.82 Cleveland 83.70 Columbia 46.36 Conway 55.60 Craighead 68.92 Crawford 64.49 Crittenden 59.68 Cross 54.63 Dallas 34.38 Desha 59.92 Drew 54.15 Faulkner 70.45 Franklin 48.94 Fulton 34.41 Garland 79.24 Grant 48.40 Greene 73.44 Hempstead 44.00 Hot Spring 55.17 Howard 50.66 Independence 44.99 Izard 37.95 Jackson 54.07 Jefferson 62.32 Johnson 51.68 Lafayette 43.46 Lawrence 57.43 Lee 60.09 Lincoln 60.06 Little River 36.13 Logan 48.27 Lonoke 59.76 Madison 58.39 Marion 43.27 Miller 42.68 Mississippi 61.21 Monroe 51.65 Montgomery 53.85 Nevada 40.77 Newton 47.41 Ouachita 47.86 Perry 52.38 Phillips 56.08 Pike 45.82 Poinsett 65.94 Polk 56.97 Pope 58.98 Prairie 53.75 Pulaski 73.87 Randolph 43.30 St. Francis 75.61 Saline 47.22 Scott 35.83 Searcy 57.21 Sebastian 50.17 Sevier 39.05 Sharp 50.85 Stone 41.93 Union 54.45 Van Buren 53.32 Washington 88.34 White 55.25 Woodruff 53.61 Yell 48.80 California Alameda 44.73 Alpine 34.77 Amador 31.89 Butte 61.60 Calaveras 26.45 Colusa 44.03 Contra Costa 68.30 Del Norte 70.66 El Dorado 66.69 Fresno 67.17 Glenn 37.23 Humboldt 20.94 Imperial 56.76 Inyo 6.31 Kern 35.95 Kings 48.89 Lake 49.36 Lassen 15.62 Los Angeles 100.99 Madera 61.72 Marin 50.49 Mariposa 17.05 Mendocino 32.53 Merced 62.72 Modoc 13.95 Mono 22.84 Monterey 39.66 Napa 176.73 Nevada 87.82 Orange 177.15 Placer 86.44 Plumas 14.40 Riverside 82.79 Sacramento 57.84 San Benito 23.05 San Bernardino 109.07 San Diego 145.62 San Francisco 1,022.29 San Joaquin 81.79 San Luis Obispo 34.15 San Mateo 91.59 Santa Barbara 59.70 Santa Clara 54.41 Santa Cruz 100.44 Shasta 22.71 Sierra 12.19 Siskiyou 16.53 Solano 45.05 Sonoma 118.51 Stanislaus 78.11 Sutter 53.65 Tehama 24.14 Trinity 9.24 Tulare 61.08 Tuolumne 37.54 Ventura 126.63 Yolo 45.74 Yuba 46.96 Colorado Adams 25.67 Alamosa 26.05 Arapahoe 30.11 Archuleta 38.38 Baca 9.94 Bent 8.31 Boulder 102.13 Broomfield 35.03 Chaffee 54.04 Cheyenne 13.89 Clear Creek 49.03 Conejos 27.12 Costilla 19.64 Crowley 6.12 Custer 27.21 Delta 59.31 Denver 969.09 Dolores 25.78 Douglas 89.76 Eagle 70.39 Elbert 21.58 El Paso 20.04 Fremont 41.80 Garfield 49.64 Gilpin 50.62 Grand 40.86 Gunnison 50.35 Hinsdale 94.58 Huerfano 15.44 Jackson 18.63 Jefferson 98.16 Kiowa 12.20 Kit Carson 20.24 Lake 33.20 La Plata 52.12 Larimer 55.09 Las Animas 7.24 Lincoln 8.53 Logan 15.53 Mesa 60.18 Mineral 77.60 Moffat 13.05 Montezuma 19.79 Montrose 51.31 Morgan 25.49 Otero 11.66 Ouray 50.75 Park 23.79 Phillips 32.35 Pitkin 100.03 Prowers 12.29 Pueblo 13.11 Rio Blanco 23.75 Rio Grande 42.24 Routt 39.63 Saguache 26.56 San Juan 22.87 San Miguel 26.05 Sedgwick 22.72 Summit 59.40 Teller 35.85 Washington 17.47 Weld 35.36 Yuma 24.48 Connecticut Fairfield 313.45 Hartford 326.36 Litchfield 294.19 Middlesex 363.23 New Haven 324.20 New London 266.64 Tolland 256.19 Windham 196.86 Delaware Kent 214.78 New Castle 266.77 Sussex 210.85 Florida Alachua 102.61 Baker 123.58 Bay 98.99 Bradford 79.71 Brevard 103.21 Broward 436.87 Calhoun 40.49 Charlotte 96.61 Citrus 126.23 Clay 67.10 Collier 85.45 Columbia 86.48 DeSoto 484.65 Dixie 89.53 Duval 75.16 Escambia 132.21 Flagler 93.03 Franklin 80.81 Gadsden 37.03 Gilchrist 84.45 Glades 63.53 Gulf 58.26 Hamilton 79.76 Hardee 55.02 Hendry 78.64 Hernando 77.35 Highlands 160.02 Hillsborough 56.00 Holmes 172.58 Indian River 53.81 Jackson 73.51 Jefferson 64.20 Lafayette 80.31 Lake 78.61 Lee 143.72 Leon 180.82 Levy 104.87 Liberty 113.86 Madison 51.57 Manatee 64.20 Marion 106.57 Martin 178.29 Dade 125.46 Monroe 361.78 Nassau 91.24 Okaloosa 69.15 Okeechobee 87.55 Orange 159.47 Osceola 75.25 Palm Beach 135.16 Pasco 128.92 Pinellas 574.63 Polk 104.47 Putnam 105.40 St. Johns 150.08 St. Lucie 124.99 Santa Rosa 90.70 Sarasota 67.46 Seminole 91.77 Sumter 101.99 Suwannee 76.52 Taylor 72.54 Union 68.13 Volusia 117.00 Wakulla 66.77 Walton 54.83 Washington 54.78 Georgia Appling 60.49 Atkinson 68.96 Bacon 74.84 Baker 70.93 Baldwin 63.24 Banks 141.95 Barrow 141.92 Bartow 114.47 Ben Hill 65.53 Berrien 68.54 Bibb 84.43 Bleckley 60.14 Brantley 74.74 Brooks 85.33 Bryan 75.77 Bulloch 62.56 Burke 58.20 Butts 90.02 Calhoun 56.62 Camden 56.33 Candler 61.56 Carroll 114.59 Catoosa 146.47 Charlton 52.71 Chatham 133.39 Chattahoochee 53.74 Chattooga 79.55 Cherokee 245.11 Clarke 145.92 Clay 42.73 Clayton 143.99 Clinch 70.02 Cobb 316.14 Coffee 68.02 Colquitt 75.90 Columbia 126.87 Cook 71.09 Coweta 127.71 Crawford 79.68 Crisp 54.00 Dade 81.71 Dawson 201.09 Decatur 73.83 DeKalb 71.83 Dodge 56.91 Dooly 60.59 Dougherty 84.69 Douglas 170.31 Early 55.49 Echols 68.18 Effingham 71.80 Elbert 91.40 Emanuel 55.10 Evans 66.86 Fannin 168.08 Fayette 157.87 Floyd 100.71 Forsyth 284.10 Franklin 139.85 Fulton 175.19 Gilmer 158.68 Glascock 47.74 Glynn 101.35 Gordon 123.96 Grady 79.52 Greene 83.36 Gwinnett 267.04 Habersham 148.48 Hall 212.20 Hancock 88.47 Haralson 108.85 Harris 124.09 Hart 133.88 Heard 89.72 Henry 148.18 Houston 80.04 Irwin 65.69 Jackson 143.11 Jasper 89.47 Jeff Davis 85.82 Jefferson 51.61 Jenkins 48.54 Johnson 46.41 Jones 82.07 Lamar 99.16 Lanier 88.05 Laurens 53.00 Lee 74.35 Liberty 54.58 Lincoln 71.64 Long 63.63 Lowndes 91.40 Lumpkin 232.39 McDuffie 58.04 McIntosh 74.06 Macon 66.70 Madison 66.21 Marion 145.12 Meriwether 81.94 Miller 63.69 Mitchell 73.90 Monroe 88.11 Montgomery 44.64 Morgan 112.95 Murray 110.78 Muscogee 132.75 Newton 109.14 Oconee 186.62 Oglethorpe 83.68 Paulding 169.08 Peach 103.32 Pickens 173.51 Pierce 61.53 Pike 94.31 Polk 93.18 Pulaski 67.63 Putnam 98.25 Quitman 55.10 Rabun 182.87 Randolph 50.00 Richmond 68.47 Rockdale 180.42 Schley 58.72 Screven 55.13 Seminole 69.83 Spalding 135.10 Stephens 136.23 Stewart 50.71 Sumter 58.49 Talbot 53.84 Taliaferro 56.91 Tattnall 71.77 Taylor 52.32 Telfair 49.16 Terrell 61.08 Thomas 86.40 Tift 82.07 Toombs 61.27 Towns 152.77 Treutlen 46.35 Troup 102.87 Turner 61.59 Twiggs 64.63 Union 155.42 Upson 81.65 Walker 100.96 Walton 138.69 Ware 63.76 Warren 52.16 Washington 53.42 Wayne 70.96 Webster 45.80 Wheeler 38.56 White 177.41 Whitfield 125.22 Wilcox 63.01 Wilkes 71.77 Wilkinson 55.13 Worth 66.76 Hawaii Hawaii 166.17 Honolulu 419.77 Kauai 158.16 Maui 204.70 Idaho Ada 61.64 Adams 17.77 Bannock 21.11 Bear Lake 16.60 Benewah 18.54 Bingham 26.10 Blaine 33.37 Boise 16.57 Bonner 50.99 Bonneville 27.07 Boundary 39.94 Butte 17.99 Camas 17.33 Canyon 62.28 Caribou 16.37 Cassia 27.36 Clark 17.01 Clearwater 21.99 Custer 26.89 Elmore 23.90 Franklin 23.45 Fremont 26.07 Gem 32.25 Gooding 44.73 Idaho 16.29 Jefferson 30.60 Jerome 44.85 Kootenai 48.34 Latah 21.05 Lemhi 25.96 Lewis 16.38 Lincoln 30.66 Madison 38.70 Minidoka 40.50 Nez Perce 19.65 Oneida 13.87 Owyhee 14.34 Payette 35.29 Power 17.66 Shoshone 69.84 Teton 38.45 Twin Falls 36.09 Valley 28.88 Washington 11.66 Illinois Adams 135.05 Alexander 90.39 Bond 176.88 Boone 187.23 Brown 109.01 Bureau 200.46 Calhoun 103.92 Carroll 186.92 Cass 152.89 Champaign 217.64 Christian 207.12 Clark 134.30 Clay 130.23 Clinton 159.86 Coles 192.73 Cook 286.26 Crawford 136.62 Cumberland 148.72 DeKalb 196.49 De Witt 214.67 Douglas 208.01 DuPage 189.93 Edgar 179.54 Edwards 110.00 Effingham 158.46 Fayette 121.82 Ford 207.26 Franklin 101.39 Fulton 143.49 Gallatin 120.12 Greene 154.12 Grundy 208.25 Hamilton 98.96 Hancock 156.54 Hardin 96.67 Henderson 169.22 Henry 186.75 Iroquois 185.93 Jackson 107.64 Jasper 138.50 Jefferson 98.52 Jersey 161.19 Jo Daviess 132.73 Johnson 82.63 Kane 242.59 Kankakee 180.77 Kendall 237.36 Knox 187.74 Lake 215.70 La Salle 284.21 Lawrence 133.89 Lee 206.88 Livingston 196.49 Logan 196.36 McDonough 214.12 McHenry 169.97 McLean 174.45 Macon 114.85 Macoupin 189.28 Madison 159.82 Marion 97.80 Marshall 192.12 Mason 220.62 Massac 223.62 Menard 172.88 Mercer 166.01 Monroe 141.58 Montgomery 162.83 Morgan 182.69 Moultrie 210.16 Ogle 189.52 Peoria 189.18 Perry 111.30 Piatt 236.58 Pike 134.40 Pope 71.22 Pulaski 109.97 Putnam 172.06 Randolph 121.89 Richland 120.15 Rock Island 170.45 St. Clair 115.30 Saline 201.41 Sangamon 119.67 Schuyler 159.14 Scott 165.05 Shelby 172.61 Stark 203.33 Stephenson 185.93 Tazewell 203.36 Union 96.91 Vermilion 192.53 Wabash 145.20 Warren 189.21 Washington 141.61 Wayne 122.20 White 122.54 Whiteside 187.03 Will 214.12 Williamson 120.49 Winnebago 173.02 Woodford 211.87 Indiana Adams 158.29 Allen 168.67 Bartholomew 160.58 Benton 176.42 Blackford 115.50 Boone 168.60 Brown 109.35 Carroll 186.50 Cass 147.87 Clark 115.50 Clay 119.05 Clinton 182.29 Crawford 69.97 Daviess 177.00 Dearborn 111.23 Decatur 145.38 DeKalb 120.99 Delaware 144.80 Dubois 122.19 Elkhart 220.41 Fayette 126.97 Floyd 145.65 Fountain 131.07 Franklin 125.06 Fulton 137.25 Gibson 145.58 Grant 152.41 Greene 107.71 Hamilton 175.60 Hancock 156.20 Harrison 100.57 Hendricks 159.38 Henry 135.30 Howard 173.55 Huntington 148.96 Jackson 125.20 Jasper 167.54 Jay 179.36 Jefferson 96.71 Jennings 106.45 Johnson 166.41 Knox 154.26 Kosciusko 160.27 LaGrange 203.47 Lake 154.97 LaPorte 166.21 Lawrence 86.67 Madison 164.67 Marion 175.46 Marshall 142.13 Martin 110.31 Miami 138.48 Monroe 131.99 Montgomery 152.58 Morgan 134.48 Newton 155.01 Noble 132.06 Ohio 97.26 Orange 95.28 Owen 92.79 Parke 113.89 Perry 81.93 Pike 116.69 Porter 163.72 Posey 131.07 Pulaski 140.77 Putnam 114.68 Randolph 138.99 Ripley 111.43 Rush 166.35 St. Joseph 98.11 Scott 167.34 Shelby 105.73 Spencer 167.75 Starke 119.73 Steuben 122.57 Sullivan 114.13 Switzerland 96.37 Tippecanoe 183.90 Tipton 199.54 Union 135.37 Vanderburgh 115.60 Vermillion 129.81 Vigo 105.90 Wabash 141.18 Warren 160.92 Warrick 132.67 Washington 90.74 Wayne 141.45 Wells 172.94 White 186.80 Whitley 140.36 Iowa Adair 128.09 Adams 117.51 Allamakee 116.49 Appanoose 81.27 Audubon 182.39 Benton 197.62 Black Hawk 218.15 Boone 206.59 Bremer 211.14 Buchanan 200.74 Buena Vista 199.88 Butler 186.95 Calhoun 210.39 Carroll 205.97 Cass 149.58 Cedar 196.32 Cerro Gordo 181.54 Cherokee 203.20 Chickasaw 195.95 Clarke 92.46 Clay 202.17 Clayton 131.03 Clinton 194.44 Crawford 189.38 Dallas 184.17 Davis 80.55 Decatur 81.79 Delaware 197.28 Des Moines 152.59 Dickinson 193.31 Dubuque 166.79 Emmet 199.30 Fayette 188.31 Floyd 175.24 Franklin 181.95 Fremont 168.12 Greene 190.61 Grundy 219.87 Guthrie 158.71 Hamilton 222.33 Hancock 190.47 Hardin 202.17 Harrison 159.43 Henry 134.93 Howard 180.48 Humboldt 208.81 Ida 185.78 Iowa 165.69 Jackson 145.95 Jasper 170.21 Jefferson 125.69 Johnson 188.01 Jones 183.39 Keokuk 136.44 Kossuth 208.26 Lee 116.83 Linn 184.04 Louisa 157.21 Lucas 78.67 Lyon 225.72 Madison 134.21 Mahaska 153.92 Marion 122.17 Marshall 181.30 Mills 172.92 Mitchell 201.83 Monona 150.33 Monroe 86.82 Montgomery 153.58 Muscatine 172.16 O'Brien 233.72 Osceola 192.69 Page 137.74 Palo Alto 205.94 Plymouth 201.28 Pocahontas 209.02 Polk 193.07 Pottawattamie 192.52 Poweshiek 166.45 Ringgold 93.63 Sac 203.13 Scott 222.23 Shelby 185.41 Sioux 249.26 Story 214.56 Tama 178.01 Taylor 104.78 Union 94.21 Van Buren 95.13 Wapello 112.93 Warren 140.00 Washington 167.20 Wayne 88.49 Webster 201.28 Winnebago 184.72 Winneshiek 163.13 Woodbury 163.54 Worth 168.23 Wright 197.35 Kansas Allen 37.58 Anderson 41.92 Atchison 57.97 Barber 32.70 Barton 42.19 Bourbon 38.96 Brown 88.04 Butler 47.37 Chase 36.50 Chautauqua 31.09 Cherokee 50.13 Cheyenne 42.62 Clark 24.49 Clay 56.82 Cloud 53.59 Coffey 41.08 Comanche 24.79 Cowley 38.55 Crawford 45.08 Decatur 41.04 Dickinson 54.30 Doniphan 96.86 Douglas 76.81 Edwards 57.43 Elk 34.15 Ellis 35.86 Ellsworth 35.69 Finney 38.72 Ford 32.77 Franklin 62.47 Geary 52.18 Gove 34.62 Graham 35.49 Grant 35.86 Gray 35.93 Greeley 40.03 Greenwood 37.91 Hamilton 27.22 Harper 40.84 Harvey 69.17 Haskell 37.07 Hodgeman 28.93 Jackson 47.37 Jefferson 60.22 Jewell 51.94 Johnson 116.81 Kearny 34.92 Kingman 38.45 Kiowa 33.17 Labette 40.00 Lane 34.62 Leavenworth 87.07 Lincoln 40.20 Linn 47.37 Logan 31.76 Lyon 41.99 McPherson 56.75 Marion 72.47 Marshall 60.76 Meade 32.83 Miami 84.27 Mitchell 60.29 Montgomery 41.65 Morris 39.53 Morton 22.78 Nemaha 75.96 Neosho 40.30 Ness 28.02 Norton 35.66 Osage 43.77 Osborne 36.87 Ottawa 50.67 Pawnee 49.05 Phillips 33.68 Pottawatomie 51.34 Pratt 43.06 Rawlins 46.93 Reno 48.34 Republic 71.36 Rice 42.99 Riley 49.22 Rooks 35.32 Rush 34.92 Russell 30.75 Saline 53.19 Scott 40.84 Sedgwick 63.95 Seward 30.98 Shawnee 66.98 Sheridan 51.64 Sherman 45.96 Smith 43.67 Stafford 47.57 Stanton 29.81 Stevens 36.91 Sumner 48.24 Thomas 57.39 Trego 35.32 Wabaunsee 39.56 Wallace 33.95 Washington 62.81 Wichita 36.54 Wilson 38.69 Woodson 37.04 Wyandotte 129.42 Kentucky Adair 69.72 Allen 80.48 Anderson 84.87 Ballard 92.67 Barren 80.21 Bath 53.14 Bell 52.97 Boone 168.04 Bourbon 115.92 Boyd 63.53 Boyle 92.73 Bracken 57.06 Breathitt 38.95 Breckinridge 65.33 Bullitt 99.27 Butler 55.08 Caldwell 74.49 Calloway 80.82 Campbell 119.63 Carlisle 77.04 Carroll 71.83 Carter 47.87 Casey 55.32 Christian 94.06 Clark 89.40 Clay 43.37 Clinton 70.64 Crittenden 58.62 Cumberland 46.50 Daviess 105.77 Edmonson 64.78 Elliott 36.97 Estill 50.32 Fayette 248.18 Fleming 57.09 Floyd 40.10 Franklin 100.33 Fulton 95.05 Gallatin 82.42 Garrard 67.30 Grant 83.34 Graves 88.31 Grayson 61.82 Green 61.69 Greenup 48.21 Hancock 76.60 Hardin 95.46 Harlan 36.02 Harrison 74.35 Hart 60.43 Henderson 99.44 Henry 91.03 Hickman 94.78 Hopkins 79.05 Jackson 49.50 Jefferson 235.11 Jessamine 149.04 Johnson 47.66 Kenton 118.74 Knott 36.84 Knox 47.63 Larue 93.21 Laurel 93.93 Lawrence 38.57 Lee 51.81 Leslie 118.37 Letcher 62.98 Lewis 40.00 Lincoln 67.78 Livingston 57.94 Logan 91.20 Lyon 55.15 McCracken 82.18 McCreary 40.38 McLean 73.33 Madison 83.27 Magoffin 137.09 Marion 70.20 Marshall 83.82 Martin 48.75 Mason 102.40 Meade 88.34 Menifee 48.68 Mercer 92.02 Metcalfe 61.45 Monroe 64.24 Montgomery 74.69 Morgan 34.76 Muhlenberg 63.29 Nelson 91.58 Nicholas 58.79 Ohio 66.66 Oldham 170.15 Owen 62.81 Owsley 36.73 Pendleton 64.48 Perry 32.85 Pike 36.32 Powell 43.30 Pulaski 78.88 Robertson 49.23 Rockcastle 55.35 Rowan 58.08 Russell 83.88 Scott 124.53 Shelby 132.94 Simpson 113.37 Spencer 85.35 Taylor 75.78 Todd 100.50 Trigg 80.62 Trimble 85.96 Union 111.77 Warren 98.22 Washington 69.72 Wayne 61.93 Webster 86.98 Whitley 59.03 Wolfe 40.51 Woodford 222.10 Louisiana Acadia 57.29 Allen 54.26 Ascension 90.86 Assumption 78.69 Avoyelles 58.58 Beauregard 64.49 Bienville 61.42 Bossier 86.82 Caddo 70.30 Calcasieu 66.26 Caldwell 63.94 Cameron 45.41 Catahoula 62.68 Claiborne 65.00 Concordia 59.58 De Soto 69.94 East Baton Rouge 148.37 East Carroll 70.72 East Feliciana 76.98 Evangeline 54.77 Franklin 58.87 Grant 55.10 Iberia 80.95 Iberville 46.54 Jackson 73.07 Jefferson 98.22 Jefferson Davis 58.68 Lafayette 66.23 Lafourche 123.17 La Salle 55.45 Lincoln 85.92 Livingston 148.41 Madison 63.71 Morehouse 61.13 Natchitoches 62.68 Orleans 399.93 Ouachita 75.30 Plaquemines 32.60 Pointe Coupee 70.85 Rapides 65.65 Red River 50.45 Richland 59.29 Sabine 82.11 St. Bernard 42.93 St. Charles 55.93 St. Helena 86.40 St. James 90.89 St. John the Baptist 75.14 St. Landry 62.10 St. Martin 63.84 St. Mary 64.75 St. Tammany 188.88 Tangipahoa 106.32 Tensas 56.74 Terrebonne 57.90 Union 75.11 Vermilion 67.10 Vernon 81.59 Washington 91.54 Webster 89.92 West Baton Rouge 96.83 West Carroll 55.13 West Feliciana 68.14 Winn 62.42 Maine Androscoggin 66.12 Aroostook 36.81 Cumberland 126.56 Franklin 56.03 Hancock 86.88 Kennebec 73.92 Knox 97.93 Lincoln 89.97 Oxford 65.57 Penobscot 51.96 Piscataquis 44.23 Sagadahoc 97.45 Somerset 54.64 Waldo 48.10 Washington 40.33 York 125.56 Maryland Allegany 93.80 Anne Arundel 310.98 Baltimore 253.54 Calvert 202.41 Caroline 164.07 Carroll 218.72 Cecil 194.85 Charles 173.30 Dorchester 139.96 Frederick 203.99 Garrett 113.00 Harford 221.95 Howard 294.40 Kent 182.97 Montgomery 273.18 Prince George's 211.87 Queen Anne's 199.92 St. Mary's 146.95 Somerset 177.33 Talbot 177.60 Washington 160.64 Wicomico 168.77 Worcester 160.37 Massachusetts Barnstable 839.31 Berkshire 165.33 Bristol 343.27 Dukes 230.67 Essex 490.09 Franklin 143.17 Hampden 172.83 Hampshire 189.98 Middlesex 450.40 Nantucket 627.50 Norfolk 571.45 Plymouth 270.92 Suffolk 4,825.12 Worcester 219.79 Michigan Alcona 64.67 Alger 54.92 Allegan 127.08 Alpena 64.54 Antrim 95.08 Arenac 73.82 Baraga 49.02 Barry 105.59 Bay 106.59 Benzie 110.60 Berrien 148.34 Branch 94.28 Calhoun 97.53 Cass 105.06 Charlevoix 97.73 Cheboygan 65.86 Chippewa 43.05 Clare 75.22 Clinton 115.28 Crawford 87.75 Delta 51.77 Dickinson 58.67 Eaton 98.76 Emmet 83.87 Genesee 102.61 Gladwin 74.82 Gogebic 69.61 Grand Traverse 141.48 Gratiot 119.65 Hillsdale 91.37 Houghton 47.03 Huron 138.03 Ingham 108.21 Ionia 110.63 Iosco 70.90 Iron 52.76 Isabella 100.98 Jackson 101.41 Kalamazoo 123.43 Kalkaska 80.75 Kent 155.40 Keweenaw 66.76 Lake 68.91 Lapeer 121.31 Leelanau 178.59 Lenawee 107.65 Livingston 128.64 Luce 60.89 Mackinac 55.12 Macomb 146.52 Manistee 76.28 Marquette 54.06 Mason 75.75 Mecosta 79.26 Menominee 53.23 Midland 95.51 Missaukee 80.26 Monroe 120.78 Montcalm 88.51 Montmorency 60.29 Muskegon 136.10 Newaygo 94.38 Oakland 227.44 Oceana 85.46 Ogemaw 70.31 Ontonagon 44.94 Osceola 67.29 Oscoda 69.74 Otsego 67.02 Ottawa 171.32 Presque Isle 56.91 Roscommon 69.68 Saginaw 101.25 St. Clair 116.37 St. Joseph 43.08 Sanilac 94.91 Schoolcraft 99.13 Shiawassee 126.12 Tuscola 120.52 Van Buren 117.93 Washtenaw 135.17 Wayne 197.46 Wexford 75.55 Minnesota Aitkin 48.12 Anoka 164.69 Becker 74.15 Beltrami 46.38 Benton 93.77 Big Stone 106.50 Blue Earth 175.06 Brown 150.63 Carlton 51.12 Carver 158.13 Cass 52.14 Chippewa 141.07 Chisago 118.86 Clay 96.06 Clearwater 45.83 Cook 129.50 Cottonwood 149.98 Crow Wing 70.64 Dakota 154.93 Dodge 167.82 Douglas 84.01 Faribault 153.53 Fillmore 125.24 Freeborn 148.89 Goodhue 147.90 Grant 98.72 Hennepin 224.81 Houston 94.25 Hubbard 61.53 Isanti 101.66 Itasca 51.43 Jackson 166.80 Kanabec 62.65 Kandiyohi 131.21 Kittson 47.88 Koochiching 32.11 Lac qui Parle 119.74 Lake 89.68 Lake of the Woods 40.68 Le Sueur 151.44 Lincoln 105.85 Lyon 141.89 McLeod 55.55 Mahnomen 57.57 Marshall 167.45 Martin 147.01 Meeker 113.57 Mille Lacs 75.14 Morrison 75.72 Mower 163.46 Murray 154.07 Nicollet 177.14 Nobles 161.55 Norman 81.69 Olmsted 149.40 Otter Tail 68.39 Pennington 49.58 Pine 55.08 Pipestone 143.32 Polk 79.24 Pope 100.09 Ramsey 250.47 Red Lake 47.77 Redwood 172.67 Renville 165.30 Rice 156.46 Rock 191.92 Roseau 32.42 St. Louis 170.01 Scott 117.42 Sherburne 163.63 Sibley 51.32 Stearns 106.50 Steele 163.76 Stevens 121.96 Swift 139.67 Todd 64.53 Traverse 121.42 Wabasha 128.24 Wadena 48.70 Waseca 160.56 Washington 224.88 Watonwan 166.84 Wilkin 106.54 Winona 127.93 Wright 146.36 Yellow Medicine 124.96 Mississippi Adams 57.34 Alcorn 49.31 Amite 88.91 Attala 47.59 Benton 42.18 Bolivar 63.91 Calhoun 48.72 Carroll 49.64 Chickasaw 48.81 Choctaw 52.12 Claiborne 53.14 Clarke 62.29 Clay 43.30 Coahoma 66.65 Copiah 60.41 Covington 77.71 DeSoto 69.79 Forrest 90.26 Franklin 67.71 George 88.81 Greene 57.47 Grenada 48.29 Hancock 104.73 Harrison 163.78 Hinds 60.57 Holmes 55.42 Humphreys 58.36 Issaquena 50.66 Itawamba 53.04 Jackson 99.81 Jasper 52.78 Jefferson 55.98 Jefferson Davis 52.45 Jones 84.25 Kemper 45.91 Lafayette 59.25 Lamar 95.18 Lauderdale 63.08 Lawrence 71.04 Leake 70.74 Lee 50.53 Leflore 53.31 Lincoln 79.20 Lowndes 56.08 Madison 69.19 Marion 78.37 Marshall 52.12 Monroe 46.21 Montgomery 47.00 Neshoba 81.41 Newton 55.02 Noxubee 57.10 Oktibbeha 58.19 Panola 50.83 Pearl River 84.55 Perry 75.63 Pike 93.86 Pontotoc 48.05 Prentiss 41.45 Quitman 53.21 Rankin 79.00 Scott 66.78 Sharkey 60.57 Simpson 72.36 Smith 78.11 Stone 96.57 Sunflower 51.56 Tallahatchie 59.42 Tate 53.04 Tippah 43.00 Tishomingo 48.95 Tunica 71.37 Union 54.76 Walthall 79.07 Warren 49.61 Washington 56.18 Wayne 76.99 Webster 47.72 Wilkinson 59.38 Winston 57.40 Yalobusha 48.09 Yazoo 55.49 Missouri Adair 65.93 Andrew 95.63 Atchison 130.71 Audrain 102.75 Barry 68.21 Barton 56.59 Bates 60.95 Benton 56.18 Bollinger 54.13 Boone 97.95 Buchanan 92.77 Butler 85.58 Caldwell 61.16 Callaway 87.84 Camden 58.50 Cape Girardeau 84.21 Carroll 84.24 Carter 44.69 Cass 89.18 Cedar 48.99 Chariton 79.90 Christian 83.97 Clark 71.34 Clay 115.12 Clinton 92.14 Cole 78.29 Cooper 76.38 Crawford 55.91 Dade 58.94 Dallas 62.53 Daviess 74.83 DeKalb 75.74 Dent 43.08 Douglas 43.65 Dunklin 101.34 Franklin 100.07 Gasconade 65.89 Gentry 70.87 Greene 98.99 Grundy 61.89 Harrison 67.04 Henry 57.09 Hickory 52.18 Holt 102.12 Howard 68.21 Howell 50.60 Iron 43.28 Jackson 108.53 Jasper 62.84 Jefferson 91.60 Johnson 71.10 Knox 80.14 Laclede 59.14 Lafayette 113.57 Lawrence 68.88 Lewis 77.79 Lincoln 104.84 Linn 64.95 Livingston 78.39 McDonald 66.60 Macon 49.46 Madison 52.45 Maries 95.73 Marion 62.20 Mercer 59.64 Miller 59.71 Mississippi 111.63 Moniteau 72.51 Monroe 84.00 Montgomery 92.81 Morgan 71.13 New Madrid 119.22 Newton 69.29 Nodaway 87.40 Oregon 41.83 Osage 55.04 Ozark 43.65 Pemiscot 97.24 Perry 71.84 Pettis 73.55 Phelps 61.86 Pike 93.04 Platte 104.50 Polk 55.54 Pulaski 52.35 Putnam 55.44 Ralls 86.29 Randolph 70.70 Ray 73.39 Reynolds 39.31 Ripley 48.22 St. Charles 108.13 St. Clair 59.84 Ste. Genevieve 78.93 St. Francois 109.61 St. Louis 44.89 Saline 95.50 Schuyler 110.95 Scotland 113.98 Scott 44.52 Shannon 67.54 Shelby 61.96 Stoddard 118.08 Stone 63.68 Sullivan 49.93 Taney 52.72 Texas 44.12 Vernon 57.96 Warren 104.30 Washington 51.58 Wayne 41.06 Webster 70.23 Worth 60.58 Wright 48.32 Montana Beaverhead 23.98 Big Horn 9.49 Blaine 12.85 Broadwater 24.60 Carbon 25.32 Carter 11.56 Cascade 22.69 Chouteau 17.26 Custer 8.66 Daniels 11.10 Dawson 9.62 Deer Lodge 34.68 Fallon 9.44 Fergus 18.60 Flathead 107.39 Gallatin 56.83 Garfield 10.62 Glacier 14.68 Golden Valley 12.12 Granite 27.45 Hill 13.92 Jefferson 24.38 Judith Basin 19.19 Lake 34.36 Lewis and Clark 32.58 Liberty 13.06 Lincoln 80.70 McCone 26.94 Madison 10.32 Meagher 20.67 Mineral 95.65 Missoula 59.54 Musselshell 10.62 Park 54.89 Petroleum 9.44 Phillips 12.37 Pondera 17.45 Powder River 11.86 Powell 20.35 Prairie 12.12 Ravalli 104.44 Richland 12.85 Roosevelt 13.60 Rosebud 8.87 Sanders 25.54 Sheridan 12.74 Silver Bow 33.74 Stillwater 30.03 Sweet Grass 23.12 Teton 22.61 Toole 15.43 Treasure 10.81 Valley 10.67 Wheatland 11.02 Wibaux 10.05 Yellowstone 16.42 Nebraska Adams 131.64 Antelope 106.10 Arthur 10.54 Banner 19.21 Blaine 12.78 Boone 109.94 Box Butte 26.63 Boyd 34.30 Brown 17.87 Buffalo 93.23 Burt 130.11 Butler 123.41 Cass 144.48 Cedar 109.94 Chase 49.04 Cherry 13.25 Cheyenne 22.26 Clay 128.02 Colfax 131.98 Cuming 133.79 Custer 47.33 Dakota 119.70 Dawes 18.55 Dawson 77.48 Deuel 24.91 Dixon 103.45 Dodge 139.96 Douglas 155.08 Dundy 33.89 Fillmore 137.50 Franklin 74.05 Frontier 36.60 Furnas 58.40 Gage 87.08 Garden 15.25 Garfield 24.72 Gosper 78.95 Grant 13.78 Greeley 80.54 Hall 111.50 Hamilton 160.79 Harlan 76.89 Hayes 32.27 Hitchcock 32.18 Holt 52.19 Hooker 11.04 Howard 73.55 Jefferson 97.96 Johnson 63.48 Kearney 131.76 Keith 46.36 Keya Paha 19.33 Kimball 21.64 Knox 69.19 Lancaster 114.24 Lincoln 35.82 Logan 28.34 Loup 18.49 McPherson 120.16 Madison 11.16 Merrick 95.72 Morrill 23.01 Nance 85.24 Nemaha 101.46 Nuckolls 94.10 Otoe 107.13 Pawnee 64.54 Perkins 56.65 Phelps 112.34 Pierce 107.85 Platte 126.90 Polk 148.23 Red Willow 39.75 Richardson 95.10 Rock 26.88 Saline 120.16 Sarpy 148.63 Saunders 131.39 Scotts Bluff 46.58 Seward 125.50 Sheridan 17.27 Sherman 59.08 Sioux 14.28 Stanton 109.13 Thayer 102.83 Thomas 12.53 Thurston 125.93 Valley 55.09 Washington 150.25 Wayne 109.06 Webster 70.59 Wheeler 30.56 York 140.46 Nevada Carson City 52.73 Churchill 19.11 Clark 44.11 Douglas 22.67 Elko 3.89 Esmeralda 14.08 Eureka 5.08 Humboldt 7.79 Lander 5.84 Lincoln 22.85 Lyon 17.25 Mineral 3.37 Nye 16.81 Pershing 7.33 Storey 301.72 Washoe 6.40 White Pine 6.43 New Hampshire Belknap 140.36 Carroll 122.08 Cheshire 75.22 Coos 61.31 Grafton 76.41 Hillsborough 166.88 Merrimack 102.10 Rockingham 190.84 Strafford 126.00 Sullivan 101.17 New Jersey Atlantic 301.17 Bergen 1,030.31 Burlington 236.78 Camden 307.58 Cape May 281.95 Cumberland 196.42 Essex 1,551.58 Gloucester 291.11 Hudson 312.72 Hunterdon 400.94 Mercer 496.49 Middlesex 481.24 Monmouth 527.56 Morris 565.85 Ocean 377.59 Passaic 762.76 Salem 193.00 Somerset 501.07 Sussex 260.89 Union 3,082.26 Warren 250.08 New Mexico Bernalillo 21.62 Catron 8.15 Chaves 6.87 Cibola 5.96 Colfax 7.56 Curry 11.04 De Baca 4.72 Dona Ana 34.14 Eddy 8.54 Grant 7.15 Guadalupe 5.08 Harding 5.39 Hidalgo 4.72 Lea 6.46 Lincoln 6.75 Los Alamos 291.19 Luna 8.08 McKinley 6.01 Mora 10.59 Otero 8.01 Quay 6.39 Rio Arriba 13.80 Roosevelt 9.30 Sandoval 6.63 San Juan 7.20 San Miguel 9.97 Santa Fe 16.14 Sierra 5.46 Socorro 9.39 Taos 22.36 Torrance 6.94 Union 7.01 Valencia 17.98 New York Albany 82.40 Allegany 46.53 Bronx 69.13 Broome 69.73 Cattaraugus 50.29 Cayuga 85.49 Chautauqua 54.91 Chemung 64.01 Chenango 48.79 Clinton 53.84 Columbia 138.87 Cortland 50.69 Delaware 66.28 Dutchess 137.93 Erie 78.67 Essex 56.10 Franklin 44.67 Fulton 57.10 Genesee 70.00 Greene 99.35 Hamilton 48.46 Herkimer 51.25 Jefferson 43.61 Kings 21,072.41 Lewis 44.40 Livingston 77.04 Madison 54.31 Monroe 94.43 Montgomery 61.12 Nassau 487.46 New York 69.13 Niagara 60.96 Oneida 52.95 Onondaga 83.89 Ontario 85.69 Orange 147.24 Orleans 69.07 Oswego 53.78 Otsego 59.69 Putnam 145.38 Queens 136.34 Rensselaer 91.37 Richmond 4,688.08 Rockland 2,303.11 St. Lawrence 127.40 Saratoga 91.83 Schenectady 60.59 Schoharie 75.98 Schuyler 78.31 Seneca 37.69 Steuben 48.76 Suffolk 311.03 Sullivan 97.92 Tioga 52.32 Tompkins 73.32 Ulster 134.08 Warren 106.29 Washington 64.51 Wayne 65.91 Westchester 428.16 Wyoming 69.60 Yates 105.20 North Carolina Alamance 125.54 Alexander 158.39 Alleghany 127.87 Anson 99.18 Ashe 151.43 Avery 185.51 Beaufort 81.37 Bertie 71.95 Bladen 87.63 Brunswick 114.55 Buncombe 229.01 Burke 141.58 Cabarrus 195.03 Caldwell 147.00 Camden 75.65 Carteret 87.53 Caswell 76.61 Catawba 143.78 Chatham 132.09 Cherokee 152.99 Chowan 84.37 Clay 132.86 Cleveland 109.60 Columbus 80.74 Craven 82.37 Cumberland 83.10 Currituck 108.83 Dare 102.71 Davidson 163.41 Davie 164.48 Duplin 108.53 Durham 228.38 Edgecombe 70.12 Forsyth 221.22 Franklin 113.72 Gaston 161.41 Gates 92.66 Graham 160.45 Granville 109.36 Greene 103.84 Guilford 164.68 Halifax 63.13 Harnett 142.41 Haywood 168.64 Henderson 207.88 Hertford 63.70 Hoke 85.30 Hyde 65.50 Iredell 160.12 Jackson 257.10 Johnston 130.00 Jones 71.02 Lee 111.29 Lenoir 89.86 Lincoln 148.34 McDowell 203.18 Macon 144.14 Madison 75.05 Martin 153.59 Mecklenburg 548.24 Mitchell 140.35 Montgomery 109.13 Moore 141.78 Nash 101.51 New Hanover 378.91 Northampton 69.69 Onslow 101.67 Orange 178.19 Pamlico 76.61 Pasquotank 84.10 Pender 112.59 Perquimans 86.40 Person 101.11 Pitt 84.70 Polk 195.23 Randolph 127.60 Richmond 109.66 Robeson 78.21 Rockingham 107.70 Rowan 150.63 Rutherford 107.43 Sampson 105.83 Scotland 95.85 Stanly 136.89 Stokes 102.44 Surry 122.14 Swain 167.51 Transylvania 235.30 Tyrrell 67.76 Union 150.37 Vance 92.12 Wake 254.94 Warren 68.23 Washington 80.34 Watauga 198.99 Wayne 109.80 Wilkes 128.93 Wilson 101.64 Yadkin 140.25 Yancey 172.60 North Dakota Adams 22.02 Barnes 61.05 Benson 35.31 Billings 21.51 Bottineau 36.91 Bowman 20.56 Burke 22.91 Burleigh 38.45 Cass 78.26 Cavalier 51.97 Dickey 61.57 Divide 17.65 Dunn 24.93 Eddy 36.54 Emmons 32.17 Foster 51.02 Golden Valley 23.01 Grand Forks 57.40 Grant 25.20 Griggs 49.82 Hettinger 30.63 Kidder 25.27 LaMoure 59.07 Logan 27.93 McHenry 24.55 McIntosh 32.13 McKenzie 20.15 McLean 35.85 Mercer 26.02 Morton 27.93 Mountrail 24.86 Nelson 32.10 Oliver 27.90 Pembina 70.41 Pierce 28.07 Ramsey 38.04 Ransom 49.92 Renville 44.19 Richland 81.13 Rolette 30.70 Sargent 64.81 Sheridan 25.54 Sioux 24.41 Slope 23.29 Stark 37.08 Steele 50.54 Stutsman 47.70 Towner 35.03 Traill 79.25 Walsh 64.95 Ward 42.00 Wells 44.19 Williams 20.35 Ohio Adams 78.06 Allen 144.09 Ashland 124.83 Ashtabula 89.31 Athens 75.85 Auglaize 164.81 Belmont 91.18 Brown 98.24 Butler 159.39 Carroll 101.38 Champaign 146.13 Clark 140.10 Clermont 139.25 Clinton 135.33 Columbiana 132.57 Coshocton 93.54 Crawford 127.66 Cuyahoga 466.66 Darke 193.55 Defiance 122.24 Delaware 161.92 Erie 128.37 Fairfield 130.15 Fayette 149.24 Franklin 167.75 Fulton 151.52 Gallia 88.73 Geauga 193.45 Greene 163.96 Guernsey 78.30 Hamilton 198.60 Hancock 129.02 Hardin 133.28 Harrison 82.02 Henry 153.94 Highland 98.68 Hocking 97.76 Holmes 158.78 Huron 122.31 Jackson 64.43 Jefferson 75.13 Knox 130.32 Lake 205.89 Lawrence 66.57 Licking 133.45 Logan 135.77 Lorain 128.10 Lucas 157.55 Madison 138.87 Mahoning 135.46 Marion 130.15 Medina 173.51 Meigs 66.20 Mercer 214.17 Miami 155.51 Monroe 62.93 Montgomery 159.74 Morgan 65.52 Morrow 127.69 Muskingum 88.97 Noble 69.47 Ottawa 129.60 Paulding 132.19 Perry 98.85 Pickaway 130.69 Pike 86.62 Portage 141.67 Preble 143.34 Putnam 137.14 Richland 135.33 Ross 98.38 Sandusky 128.41 Scioto 76.70 Seneca 132.87 Shelby 162.33 Stark 150.36 Summit 230.47 Trumbull 109.29 Tuscarawas 104.48 Union 140.07 Van Wert 171.15 Vinton 66.20 Warren 194.98 Washington 72.98 Wayne 170.10 Williams 104.38 Wood 158.75 Wyandot 137.14 Oklahoma Adair 53.46 Alfalfa 38.40 Atoka 37.72 Beaver 18.03 Beckham 29.85 Blaine 32.15 Bryan 47.85 Caddo 36.14 Canadian 52.04 Carter 42.65 Cherokee 64.03 Choctaw 39.75 Cimarron 13.64 Cleveland 84.43 Coal 34.04 Comanche 37.32 Cotton 30.43 Craig 43.02 Creek 48.29 Custer 36.20 Delaware 62.65 Dewey 27.35 Ellis 21.55 Garfield 38.74 Garvin 42.69 Grady 43.50 Grant 36.88 Greer 23.13 Harmon 25.73 Harper 20.57 Haskell 40.90 Hughes 33.70 Jackson 27.05 Jefferson 27.32 Johnston 36.30 Kay 36.54 Kingfisher 36.81 Kiowa 25.97 Latimer 36.00 Le Flore 53.63 Lincoln 46.57 Logan 50.89 Love 46.74 McClain 30.33 McCurtain 45.19 McIntosh 57.07 Major 55.18 Marshall 47.08 Mayes 41.64 Murray 37.45 Muskogee 47.68 Noble 38.50 Nowata 44.78 Okfuskee 34.48 Oklahoma 83.72 Okmulgee 48.66 Osage 28.50 Ottawa 62.31 Pawnee 35.97 Payne 51.10 Pittsburg 36.78 Pontotoc 47.52 Pottawatomie 47.45 Pushmataha 30.73 Roger Mills 27.86 Rogers 66.56 Seminole 38.13 Sequoyah 54.10 Stephens 34.24 Texas 21.61 Tillman 27.12 Tulsa 98.21 Wagoner 65.58 Washington 45.19 Washita 32.39 Woods 29.31 Woodward 29.92 Oregon Baker 19.50 Benton 114.11 Clackamas 259.40 Clatsop 106.70 Columbia 105.65 Coos 62.03 Crook 17.48 Curry 65.54 Deschutes 134.93 Douglas 59.31 Gilliam 9.57 Grant 15.48 Harney 10.53 Hood River 365.46 Jackson 90.07 Jefferson 12.33 Josephine 193.36 Klamath 28.37 Lake 19.57 Lane 131.25 Lincoln 92.23 Linn 93.10 Malheur 22.58 Marion 152.77 Morrow 18.30 Multnomah 229.42 Polk 118.12 Sherman 11.47 Tillamook 120.38 Umatilla 31.40 Union 29.77 Wallowa 24.28 Wasco 14.47 Washington 180.25 Wheeler 12.45 Yamhill 176.24 Pennsylvania Adams 167.59 Allegheny 141.68 Armstrong 77.31 Beaver 129.31 Bedford 99.29 Berks 238.21 Blair 122.75 Bradford 99.59 Bucks 330.21 Butler 127.66 Cambria 88.13 Cameron 52.57 Carbon 176.06 Centre 145.64 Chester 351.46 Clarion 79.36 Clearfield 71.23 Clinton 145.58 Columbia 126.18 Crawford 75.90 Cumberland 209.54 Dauphin 122.12 Delaware 371.02 Elk 91.96 Erie 92.44 Fayette 89.31 Forest 64.74 Franklin 178.72 Fulton 97.85 Greene 80.87 Huntingdon 103.06 Indiana 75.26 Jefferson 69.81 Juniata 135.49 Lackawanna 131.59 Lancaster 336.90 Lawrence 110.38 Lebanon 284.03 Lehigh 223.96 Luzerne 120.70 Lycoming 114.69 McKean 55.46 Mercer 91.96 Mifflin 131.96 Monroe 211.36 Montgomery 377.84 Montour 147.43 Northampton 220.97 Northumberland 131.69 Perry 135.83 Philadelphia 1,219.14 Pike 49.34 Potter 73.91 Schuylkill 173.07 Snyder 156.50 Somerset 70.75 Sullivan 82.92 Susquehanna 109.68 Tioga 92.44 Union 144.97 Venango 83.16 Warren 63.09 Washington 122.55 Wayne 100.30 Westmoreland 127.93 Wyoming 107.86 York 202.95 Puerto Rico All Areas 174.11 Rhode Island Bristol 592.77 Kent 200.00 Newport 515.80 Providence 336.64 Washington 275.20 South Carolina Abbeville 73.78 Aiken 101.03 Allendale 58.79 Anderson 116.12 Bamberg 58.89 Barnwell 64.81 Beaufort 89.93 Berkeley 94.85 Calhoun 74.28 Charleston 165.74 Cherokee 80.62 Chester 74.97 Chesterfield 72.81 Clarendon 48.92 Colleton 71.72 Darlington 65.54 Dillon 69.19 Dorchester 91.46 Edgefield 78.60 Fairfield 74.21 Florence 58.89 Georgetown 62.58 Greenville 172.75 Greenwood 64.01 Hampton 63.74 Horry 80.19 Jasper 72.25 Kershaw 81.29 Lancaster 104.65 Laurens 90.10 Lee 60.22 Lexington 105.92 McCormick 61.88 Marion 57.66 Marlboro 46.99 Newberry 72.08 Oconee 141.11 Orangeburg 67.20 Pickens 148.22 Richland 93.35 Saluda 75.84 Spartanburg 131.97 Sumter 61.68 Union 58.56 Williamsburg 55.47 York 133.77 South Dakota Aurora 64.36 Beadle 78.05 Bennett 15.40 Bon Homme 79.59 Brookings 116.14 Brown 79.52 Brule 62.07 Buffalo 32.23 Butte 16.86 Campbell 34.75 Charles Mix 64.12 Clark 69.06 Clay 120.54 Codington 73.15 Corson 17.82 Custer 31.24 Davison 92.46 Day 52.09 Deuel 80.44 Dewey 15.60 Douglas 77.78 Edmunds 59.76 Fall River 14.04 Faulk 53.01 Grant 81.56 Gregory 33.29 Haakon 16.39 Hamlin 97.37 Hand 51.99 Hanson 102.07 Harding 11.45 Hughes 53.49 Hutchinson 89.60 Hyde 37.89 Jackson 21.67 Jerauld 53.63 Jones 19.83 Kingsbury 90.45 Lake 111.24 Lawrence 38.67 Lincoln 148.27 Lyman 27.32 McCook 60.92 McPherson 115.77 Marshall 41.70 Meade 18.36 Mellette 19.49 Miner 87.56 Minnehaha 140.26 Moody 138.83 Pennington 19.04 Perkins 14.65 Potter 54.48 Roberts 68.99 Sanborn 64.80 Shannon 12.54 Spink 81.12 Stanley 25.01 Sully 42.52 Todd 13.93 Tripp 30.46 Turner 117.64 Union 136.62 Walworth 40.37 Yankton 112.91 Ziebach 12.95 Tennessee Anderson 159.41 Bedford 104.02 Benton 61.01 Bledsoe 95.44 Blount 185.40 Bradley 148.04 Campbell 101.70 Cannon 84.31 Carroll 66.69 Carter 142.57 Cheatham 116.23 Chester 52.47 Claiborne 83.46 Clay 75.64 Cocke 99.83 Coffee 96.36 Crockett 77.20 Cumberland 103.64 Davidson 169.34 Decatur 58.52 DeKalb 87.34 Dickson 90.61 Dyer 68.25 Fayette 85.51 Fentress 87.31 Franklin 106.09 Gibson 84.11 Giles 79.96 Grainger 103.50 Greene 110.31 Grundy 77.95 Hamblen 127.46 Hamilton 153.90 Hancock 62.54 Hardeman 69.51 Hardin 68.90 Hawkins 95.88 Haywood 98.20 Henderson 60.09 Henry 75.64 Hickman 65.16 Houston 61.76 Humphreys 77.41 Jackson 78.77 Jefferson 146.99 Johnson 129.67 Knox 208.78 Lake 89.59 Lauderdale 85.13 Lawrence 72.10 Lewis 70.84 Lincoln 91.77 Loudon 147.60 McMinn 93.19 McNairy 68.59 Macon 80.10 Madison 82.14 Marion 99.32 Marshall 111.53 Maury 58.73 Meigs 95.81 Monroe 122.69 Montgomery 117.32 Moore 96.02 Morgan 93.30 Obion 86.73 Overton 88.47 Perry 53.93 Pickett 79.07 Polk 121.67 Putnam 117.83 Rhea 95.24 Roane 138.41 Robertson 132.53 Rutherford 132.77 Scott 76.86 Sequatchie 88.09 Sevier 161.31 Shelby 124.84 Smith 72.34 Stewart 71.55 Sullivan 150.43 Sumner 132.39 Tipton 80.78 Trousdale 104.90 Unicoi 150.02 Union 78.60 Van Buren 101.29 Warren 97.14 Washington 174.69 Wayne 54.81 Weakley 81.01 White 102.52 Williamson 200.78 Wilson 120.65 Texas Anderson 63.47 Andrews 8.50 Angelina 81.92 Aransas 44.20 Archer 25.52 Armstrong 27.27 Atascosa 50.82 Austin 106.02 Bailey 20.89 Bandera 69.89 Bastrop 96.97 Baylor 26.95 Bee 48.42 Bell 79.46 Bexar 111.08 Blanco 122.65 Borden 15.18 Bosque 62.79 Bowie 58.86 Brazoria 78.77 Brazos 97.84 Brewster 12.16 Briscoe 21.63 Brooks 27.57 Brown 53.09 Burleson 74.53 Burnet 86.23 Caldwell 85.78 Calhoun 45.53 Callahan 39.18 Cameron 76.21 Camp 67.52 Carson 23.87 Cass 53.45 Castro 28.47 Chambers 51.79 Cherokee 64.08 Childress 19.94 Clay 40.93 Cochran 17.45 Coke 27.11 Coleman 39.24 Collin 137.57 Collingsworth 21.60 Colorado 85.84 Comal 136.14 Comanche 62.30 Concho 41.06 Cooke 84.77 Coryell 63.11 Cottle 16.05 Crane 15.31 Crockett 16.35 Crosby 22.18 Culberson 8.89 Dallam 24.45 Dallas 119.64 Dawson 20.46 Deaf Smith 25.65 Delta 47.38 Denton 158.55 DeWitt 67.78 Dickens 19.00 Dimmit 40.44 Donley 27.96 Duval 33.86 Eastland 51.57 Ector 12.55 Edwards 32.59 Ellis 50.27 El Paso 82.54 Erath 83.41 Falls 50.53 Fannin 66.45 Fayette 109.88 Fisher 28.09 Floyd 29.71 Foard 19.17 Fort Bend 106.24 Franklin 74.43 Freestone 54.48 Frio 52.99 Gaines 25.17 Galveston 93.50 Garza 18.00 Gillespie 110.52 Glasscock 23.22 Goliad 53.64 Gonzales 83.83 Gray 23.03 Grayson 97.49 Gregg 100.70 Grimes 100.28 Guadalupe 93.27 Hale 30.74 Hall 20.01 Hamilton 64.41 Hansford 24.00 Hardeman 22.70 Hardin 80.23 Harris 138.61 Harrison 73.81 Hartley 26.07 Haskell 19.20 Hays 160.86 Hemphill 19.20 Henderson 77.28 Hidalgo 78.81 Hill 58.44 Hockley 26.92 Hood 105.98 Hopkins 57.44 Houston 58.21 Howard 19.69 Hudspeth 14.59 Hunt 79.29 Hutchinson 19.78 Irion 24.36 Jack 50.75 Jackson 54.84 Jasper 81.69 Jeff Davis 12.45 Jefferson 43.00 Jim Hogg 34.64 Jim Wells 47.41 Johnson 105.79 Jones 28.86 Karnes 67.39 Kaufman 88.18 Kendall 124.21 Kenedy 17.06 Kent 22.15 Kerr 68.33 Kimble 45.99 King 15.76 Kinney 31.20 Kleberg 48.87 Knox 20.04 Lamar 50.66 Lamb 56.11 Lampasas 30.03 La Salle 65.15 Lavaca 76.05 Lee 82.99 Leon 65.02 Liberty 64.99 Limestone 49.07 Lipscomb 20.95 Live Oak 49.72 Llano 70.18 Loving 5.16 Lubbock 48.06 Lynn 23.35 McCulloch 72.61 McLennan 57.69 McMullen 26.79 Madison 61.42 Marion 51.44 Martin 30.58 Mason 48.06 Matagorda 67.23 Maverick 36.45 Medina 67.39 Menard 37.85 Midland 37.17 Milam 92.91 Mills 57.66 Mitchell 20.46 Montague 64.86 Montgomery 153.20 Moore 24.36 Morris 54.48 Motley 19.13 Nacogdoches 65.41 Navarro 53.25 Newton 51.99 Nolan 29.16 Nueces 40.18 Ochiltree 25.98 Oldham 15.31 Orange 86.20 Palo Pinto 62.46 Panola 54.52 Parker 130.05 Parmer 26.98 Pecos 13.17 Polk 70.89 Potter 14.20 Presidio 11.97 Rains 65.45 Randall 26.04 Reagan 12.62 Real 38.33 Red River 43.13 Reeves 6.97 Refugio 23.67 Roberts 17.06 Robertson 62.11 Rockwall 151.42 Runnels 33.57 Rusk 56.72 Sabine 70.50 San Augustine 59.93 San Jacinto 73.55 San Patricio 41.45 San Saba 63.24 Schleicher 24.03 Scurry 22.05 Shackelford 28.34 Shelby 75.95 Sherman 27.96 Smith 98.23 Somervell 101.02 Starr 45.92 Stephens 36.29 Sterling 13.69 Stonewall 18.65 Sutton 24.49 Swisher 23.90 Tarrant 164.46 Taylor 29.38 Terrell 10.09 Terry 29.54 Throckmorton 31.10 Titus 66.81 Tom Green 29.58 Travis 99.56 Trinity 60.13 Tyler 75.86 Upshur 74.27 Upton 15.24 Uvalde 51.86 Val Verde 14.79 Van Zandt 82.80 Victoria 59.48 Walker 86.36 Waller 162.02 Ward 9.60 Washington 143.96 Webb 28.09 Wharton 65.93 Wheeler 21.31 Wichita 30.94 Wilbarger 25.94 Willacy 47.41 Williamson 100.80 Wilson 77.51 Winkler 9.40 Wise 98.98 Wood 74.01 Yoakum 20.98 Young 35.90 Zapata 30.32 Zavala 39.83 Utah Beaver 21.23 Box Elder 12.78 Cache 37.51 Carbon 12.94 Daggett 22.71 Davis 68.93 Duchesne 8.85 Emery 18.07 Garfield 24.17 Grand 6.15 Iron 20.05 Juab 12.76 Kane 14.99 Millard 14.94 Morgan 16.74 Piute 31.16 Rich 10.70 Salt Lake 50.30 San Juan 3.97 Sanpete 22.88 Sevier 32.09 Summit 24.25 Tooele 12.69 Uintah 6.72 Utah 56.67 Wasatch 40.58 Washington 38.87 Wayne 42.92 Weber 61.90 Vermont Addison 81.58 Bennington 111.93 Caledonia 85.30 Chittenden 115.18 Essex 49.92 Franklin 75.08 Grand Isle 102.01 Lamoille 97.69 Orange 83.02 Orleans 65.20 Rutland 72.83 Washington 107.54 Windham 107.14 Windsor 101.71 Virginia Accomack 99.08 Albemarle 236.72 Alleghany 84.01 Amelia 82.86 Amherst 98.57 Appomattox 76.98 Arlington 1,453.48 Augusta 169.14 Bath 112.63 Bedford 119.76 Bland 87.19 Botetourt 118.14 Brunswick 56.43 Buchanan 71.44 Buckingham 83.20 Campbell 80.70 Caroline 111.59 Carroll 92.09 Charles City 101.55 Charlotte 61.40 Chesterfield 117.74 Clarke 144.06 Craig 213.03 Culpeper 85.70 Cumberland 174.37 Dickenson 96.99 Dinwiddie 80.23 Essex 81.17 Fairfax 82.32 Fauquier 409.74 Floyd 214.52 Fluvanna 97.93 Franklin 137.81 Frederick 95.80 Giles 159.57 Gloucester 71.44 Goochland 135.92 Grayson 147.54 Greene 113.41 Greensville 186.00 Halifax 54.85 Hanover 62.11 Henrico 150.48 Henry 177.82 Highland 72.99 Isle of Wight 91.38 James City 96.14 King and Queen 236.99 King George 83.50 King William 136.05 Lancaster 100.94 Lee 123.78 Loudoun 59.54 Louisa 323.81 Lunenburg 154.71 Madison 64.34 Mathews 170.76 Mecklenburg 167.41 Middlesex 69.61 Montgomery 104.22 Nelson 131.86 New Kent 123.85 Northampton 149.37 Northumberland 116.76 Nottoway 81.14 Orange 84.35 Page 182.38 Patrick 159.00 Pittsylvania 90.19 Powhatan 65.69 Prince Edward 154.87 Prince George 86.58 Prince William 113.61 Pulaski 238.65 Rappahannock 83.10 Richmond 228.24 Roanoke 77.93 Rockbridge 115.57 Rockingham 116.15 Russell 190.73 Scott 58.70 Shenandoah 56.13 Smyth 150.85 Southampton 75.39 Spotsylvania 72.11 Stafford 165.72 Surry 247.84 Sussex 122.23 Tazewell 96.82 Warren 61.57 Washington 59.88 Westmoreland 143.76 Wise 192.96 Wythe 106.41 York 96.68 Chesapeake City 74.51 Suffolk 91.55 Virginia Beach City 134.94 Washington Adams 20.43 Asotin 14.13 Benton 45.43 Chelan 145.38 Clallam 206.84 Clark 209.97 Columbia 17.86 Cowlitz 144.26 Douglas 16.91 Ferry 7.05 Franklin 48.58 Garfield 15.72 Grant 56.88 Grays Harbor 34.89 Island 236.26 Jefferson 151.62 King 355.68 Kitsap 438.89 Kittitas 73.37 Klickitat 23.65 Lewis 104.45 Lincoln 18.46 Mason 137.66 Okanogan 22.01 Pacific 57.36 Pend Oreille 50.68 Pierce 236.03 San Juan 219.52 Skagit 125.88 Skamania 168.71 Snohomish 266.42 Spokane 47.19 Stevens 26.10 Thurston 144.19 Wahkiakum 77.87 Walla Walla 34.62 Whatcom 191.74 Whitman 23.19 Yakima 29.91 West Virginia Barbour 53.23 Berkeley 156.75 Boone 47.27 Braxton 44.51 Brooke 53.02 Cabell 81.61 Calhoun 41.42 Clay 50.98 Doddridge 51.25 Fayette 66.91 Gilmer 40.09 Grant 64.73 Greenbrier 77.25 Hampshire 98.05 Hancock 79.84 Hardy 77.25 Harrison 57.69 Jackson 60.10 Jefferson 187.11 Kanawha 58.94 Lewis 53.60 Lincoln 55.03 Logan 53.06 McDowell 58.67 Marion 59.86 Marshall 57.55 Mason 65.31 Mercer 60.51 Mineral 81.85 Mingo 38.59 Monongalia 84.13 Monroe 62.14 Morgan 121.70 Nicholas 69.49 Ohio 62.96 Pendleton 63.33 Pleasants 52.61 Pocahontas 59.93 Preston 67.18 Putnam 69.60 Raleigh 67.72 Randolph 49.42 Ritchie 43.53 Roane 46.73 Summers 59.83 Taylor 67.55 Tucker 83.28 Tyler 49.99 Upshur 63.16 Wayne 51.18 Webster 59.73 Wetzel 49.72 Wirt 44.72 Wood 63.50 Wyoming 56.43 Wisconsin Adams 103.71 Ashland 49.23 Barron 74.83 Bayfield 54.31 Brown 145.05 Buffalo 89.97 Burnett 65.74 Calumet 147.59 Chippewa 72.93 Clark 83.59 Columbia 134.82 Crawford 72.36 Dane 161.96 Dodge 143.18 Door 108.82 Douglas 46.46 Dunn 88.67 Eau Claire 80.28 Florence 83.29 Fond du Lac 133.72 Forest 55.04 Grant 111.29 Green 116.97 Green Lake 121.49 Iowa 106.71 Iron 61.70 Jackson 82.68 Jefferson 138.60 Juneau 82.32 Kenosha 134.69 Kewaunee 116.34 La Crosse 89.44 Lafayette 130.88 Langlade 74.03 Lincoln 66.07 Manitowoc 141.14 Marathon 77.97 Marinette 81.15 Marquette 91.67 Menominee 34.36 Milwaukee 252.90 Monroe 85.73 Oconto 87.50 Oneida 112.03 Outagamie 140.94 Ozaukee 149.93 Pepin 87.86 Pierce 105.81 Polk 76.23 Portage 88.03 Price 50.83 Racine 145.72 Richland 80.51 Rock 147.66 Rusk 54.44 St. Croix 103.77 Sauk 61.29 Sawyer 96.05 Shawano 140.17 Sheboygan 112.36 Taylor 58.52 Trempealeau 85.49 Vernon 88.27 Vilas 143.11 Walworth 164.00 Washburn 66.37 Washington 155.94 Waukesha 174.53 Waupaca 102.70 Waushara 92.48 Winnebago 112.40 Wood 84.15 Wyoming Albany 9.61 Big Horn 26.11 Campbell 9.89 Carbon 9.61 Converse 6.45 Crook 15.17 Fremont 14.87 Goshen 13.29 Hot Springs 11.94 Johnson 10.38 Laramie 12.29 Lincoln 30.77 Natrona 10.66 Niobrara 9.17 Park 23.95 Platte 12.29 Sheridan 14.08 Sublette 22.99 Sweetwater 3.46 Teton 54.38 Uinta 12.56 Washakie 15.17 Weston 7.99 1 This notice does not provide an updated fee schedule for projects occupying federal lands in the State of Alaska. Notice of those fees will be provided upon Commission action in Annual Charges for the Use of Government Lands in Alaska, Notice of Inquiry (NOI) Docket No. RM16-19-000, 157 FERC ¶ 61,117 (November 17, 2016).
    [FR Doc. 2017-04236 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 300 [Docket No. 161222999-7201-01] RIN 0648-BG58 Pacific Halibut Fisheries; Catch Sharing Plan AGENCY:

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

    ACTION:

    Final rule.

    SUMMARY:

    The Assistant Administrator for Fisheries, National Oceanic and Atmospheric Administration (NOAA), on behalf of the International Pacific Halibut Commission (IPHC), publishes as regulations the 2017 annual management measures governing the Pacific halibut fishery that have been recommended by the IPHC and accepted by the Secretary of State. This action is intended to enhance the conservation of Pacific halibut and further the goals and objectives of the Pacific Fishery Management Council (PFMC) and the North Pacific Fishery Management Council (NPFMC).

    DATES:

    The IPHC's 2017 annual management measures are effective March 3, 2017. The 2017 management measures are effective until superseded.

    ADDRESSES:

    Additional requests for information regarding this action may be obtained by contacting the International Pacific Halibut Commission, 2320 W. Commodore Way, Suite 300, Seattle, WA 98199-1287; or Sustainable Fisheries Division, NMFS Alaska Region, P.O. Box 21668, Juneau, AK 99802, Attn: Ellen Sebastian, Records Officer; or Sustainable Fisheries Division, NMFS West Coast Region, 7600 Sand Point Way NE., Seattle, WA 98115. This final rule also is accessible via the Internet at the Federal eRulemaking portal at http://www.regulations.gov, identified by docket number NOAA-NMFS-2016-0159.

    FOR FURTHER INFORMATION CONTACT:

    For waters off Alaska, Rachel Baker or Julie Scheurer, 907-586-7228; or, for waters off the U.S. West Coast, Gretchen Hanshew, 206-526-6147.

    SUPPLEMENTARY INFORMATION:

    Background

    The IPHC has recommended regulations that would govern the Pacific halibut fishery in 2017, pursuant to the Convention between Canada and the United States for the Preservation of the Halibut Fishery of the North Pacific Ocean and Bering Sea (Convention), signed at Ottawa, Ontario, on March 2, 1953, as amended by a Protocol Amending the Convention (signed at Washington, DC, on March 29, 1979).

    As provided by the Northern Pacific Halibut Act of 1982 (Halibut Act) at 16 U.S.C. 773b, the Secretary of State, with the concurrence of the Secretary of Commerce, may accept or reject, on behalf of the United States, regulations recommended by the IPHC in accordance with the Convention (Halibut Act, Sections 773-773k). The Secretary of State, with the concurrence of the Secretary of Commerce, accepted the 2017 IPHC regulations as provided by the Halibut Act at 16 U.S.C. 773-773k.

    The Halibut Act provides the Secretary of Commerce with the authority and general responsibility to carry out the requirements of the Convention and the Halibut Act. The Regional Fishery Management Councils may develop, and the Secretary of Commerce may implement, regulations governing harvesting privileges among U.S. fishermen in U.S. waters that are in addition to, and not in conflict with, approved IPHC regulations. The NPFMC has exercised this authority most notably in developing halibut management programs for three fisheries that harvest halibut in Alaska: The subsistence, sport, and commercial fisheries. The PFMC has exercised this authority by developing a catch sharing plan governing the allocation of halibut and management of sport fisheries on the U.S. West Coast.

    Subsistence and sport halibut fishery regulations for Alaska are codified at 50 CFR part 300. Commercial halibut fisheries in Alaska are subject to the Individual Fishing Quota (IFQ) Program and Community Development Quota (CDQ) Program (50 CFR part 679) regulations, and the area-specific catch sharing plans.

    The IPHC apportions catch limits for the Pacific halibut fishery among regulatory areas (Figure 1): Area 2A (Oregon, Washington, and California), Area 2B (British Columbia), Area 2C (Southeast Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of Alaska), and Area 4 (subdivided into 5 areas, 4A through 4E, in the Bering Sea and Aleutian Islands of Western Alaska).

    The NPFMC implemented a catch sharing plan (CSP) among commercial IFQ and CDQ halibut fisheries in IPHC Regulatory Areas 4C, 4D, and 4E (Area 4, Western Alaska) through rulemaking, and the Secretary of Commerce approved the plan on March 20, 1996 (61 FR 11337). The Area 4 CSP regulations were codified at 50 CFR 300.65, and were amended on March 17, 1998 (63 FR 13000). New annual regulations pertaining to the Area 4 CSP also may be implemented through IPHC action, subject to acceptance by the Secretary of State.

    The NPFMC recommended and NMFS implemented through rulemaking a CSP for guided sport (charter) and commercial IFQ halibut fisheries in IPHC Regulatory Area 2C and Area 3A on January 13, 2014 (78 FR 75844, December 12, 2013). The Area 2C and 3A CSP regulations are codified at 50 CFR 300.65. The CSP defines an annual process for allocating halibut between the commercial and charter fisheries so that each sector's allocation varies in proportion to halibut abundance, specifies a public process for setting annual management measures, and authorizes limited annual leases of commercial IFQ for use in the charter fishery as guided angler fish (GAF).

    The IPHC held its annual meeting in Victoria, British Columbia, Canada, January 23-27, 2017, and recommended a number of changes to the previous IPHC regulations (81 FR 14000, March 16, 2016). The Secretary of State accepted the annual management measures, including the following changes to the previous IPHC regulations for 2017:

    1. New commercial halibut fishery opening and closing dates in Section 8;

    2. New halibut catch limits in all regulatory areas in Section 11;

    3. New requirement that commercial halibut be landed and weighed with the head attached in Section 13;

    4. Revised regulations pertaining to fishing in multiple regulatory areas in Section 18; and

    5. New management measures for Area 2C and Area 3A guided sport fisheries in Section 28, and in Figures 3 and 4.

    Pursuant to regulations at 50 CFR 300.62, the 2017 IPHC annual management measures are published in the Federal Register to provide notice of their immediate regulatory effectiveness and to inform persons subject to the regulations of their restrictions and requirements. Because NMFS publishes the regulations applicable to the entire Convention area, these regulations include some provisions relating to and affecting Canadian fishing and fisheries. NMFS may implement more restrictive regulations for the fishery for halibut or components of it; therefore, anglers are advised to check the current Federal and IPHC regulations prior to fishing.

    Catch Limits

    The IPHC recommended to the governments of Canada and the United States catch limits for 2017 totaling 31,400,000 lb (14,242.80 mt). The IPHC recommended area-specific catch limits for 2017 that were higher than 2016 in most of its management areas except Areas 4A and 4B, where catch limits remained at the same level as in 2016. A description of the process the IPHC used to set these catch limits follows.

    In 2016, the IPHC conducted its annual stock assessment using a range of updated data sources as described in detail in Chapter 4 of the 2016 IPHC Report of Assessment and Research Activities (2016 RARA; available at www.iphc.int). The IPHC used an “ensemble” of four equally weighted models, comprised of two long time-series models, and two short time-series models that use data series either divided by geographical region (IPHC Regulatory Area) or aggregated into coastwide summaries, to evaluate the Pacific halibut stock. These models incorporate data from the 2016 IPHC survey, the most recent NMFS trawl survey, weight-at-age estimates by region, and age distribution information for bycatch, sport, and sublegal discard removals. As has been the case since 2012, the results of the ensemble models are integrated, and incorporate uncertainty in natural mortality rates, environmental effects on recruitment, and in other model parameters.

    The results at the end of 2016 indicate that the Pacific halibut stock declined continuously from the late 1990s to around 2010, as a result of decreasing size at a given age (size-at-age), as well as somewhat weaker recruitment strengths than those observed during the 1980s. The biomass of spawning females is estimated to have stabilized near 200,000,000 lb (90,718 mt) in 2010, and since then the stock is estimated to have been increasing gradually. Results of the 2016 assessment show a slight decrease from the 2015 assessment due to additional data from 2016 and updated recruitment estimates. Overall, the ensemble models predict that the stock would decrease gradually between 2018 and 2020 if total removals are maintained around 40,000,000 lb (18,144 mt).

    The IPHC does not currently have an explicit target for the allowable level of total removals, also called coastwide fishing intensity; thus, it is uncertain if current levels of fishing intensity are consistent with the objectives of the IPHC's harvest policy. The IPHC harvest decision table (Table 4 in Chapter 4.2 of the 2016 RARA) provides a comparison of the relative risk of a decrease in stock abundance, status, or fishery metrics, for a range of alternative harvest levels for 2017. The IPHC adopted catch limits for 2017 totaling 31,400,000 lb (14,243.80 mt) coastwide. If these catch limits are fully harvested in 2017, and other sources of removals from bycatch, personal use, sport, subsistence, and wastage in the commercial fishery in 2017 are similar to those observed in 2016, then the total removals would be approximately 43,300,000 lb (19,640 mt) in 2017. At 43,300,000 lb of total removals from all sources, the IPHC estimates that the spawning stock biomass will decrease over the period from 2018 to 2020 relative to 2017. Specifically, the IPHC estimates that there is a 71 percent probability that the spawning stock biomass will decrease in 2018 relative to 2017. However, the IPHC estimates that there is only a 10 percent probability that the spawning stock biomass will decrease by more than 5 percent relative to 2017. After considering this information, the IPHC determined that the 2017 catch limits recommendations are consistent with its conservation objectives for the halibut stock and its management objectives for the halibut fisheries.

    The IPHC recommended higher catch limits in 2017 than 2016 for Areas 2A, 2B, and 2C. Fishery-independent survey weight per unit effort (WPUE) and number of fish per unit effort (NPUE) generally indicate a stable and upward trend in these areas. An expanded survey with additional sampling locations has been approved in Area 2A for 2017. Both survey and fishery indices indicate rebuilding of the stock throughout Areas 2B and 2C, with the highest coastwide survey WPUE in Area 2C.

    The IPHC recommended increases to the catch limits for Areas 3A and 3B compared to 2016. While survey and fishery WPUEs increased in Area 3A, the survey NPUE decreased in 2016. Based on the increase in WPUEs and decrease in survey NPUE, the IPHC adopted only a small precautionary increase to the catch limit for Area 3A to provide some additional harvest opportunities for the Area 3A commercial and charter sectors. Area 3B has experienced two years of increases in both the fishery and survey WPUE, with a substantial increase in survey WPUE and NPUE in 2016. These results supported an increased catch limit for 2017.

    The IPHC recommended catch limits for Areas 4A and 4B that are the same as the 2016 limits. The IPHC recommended no change in the catch limit amounts in these areas because although the survey results show signs of stability, survey WPUE is still low relative to historical estimates; therefore, a more precautionary approach to management is appropriate.

    The IPHC recommended a slight increase in the catch limit for Areas 4CDE compared to 2016. The IPHC noted that for social, cultural, and economic reasons, an even larger increase is warranted, but the survey indices do not support a larger increase. However, ongoing efforts to reduce halibut bycatch in the commercial groundfish trawl fisheries may provide for additional harvest opportunities in the Area 4CDE directed fishery in the future.

    The IPHC also considered the Catch Sharing Plan for Area 4CDE developed by the NPFMC in its catch limit recommendation. When the Area 4CDE catch limit is greater than 1,657,600 lb (751.87 mt), a direct allocation of 80,000 lb (36.29 mt) is made to Area 4E to provide CDQ fishermen in that area with additional harvesting opportunity. After this 80,000 lb allocation is deducted from the catch limit, the remainder is divided among Areas 4C, 4D, and 4E according to the percentages specified in the CSP. Those percentages are 46.43 percent each to 4C and 4D, and 7.14 percent to 4E. The IPHC recommended a catch limit for Area 4CDE of 1,700,000 lb (771.11 mt) for 2017 to provide benefits from increased harvest opportunities in Area 4E.

    Table 1—Percent Change in Catch Limits From 2016 to 2017 by IPHC Regulatory Area Regulatory area 2017 IPHC recommended catch limit
  • (lb)
  • 2016 Catch limit
  • (lb)
  • Change from 2016
  • (percent)
  • 2A 1 1,330,000 1,140,000 + 16.7 2B 2 7,450,000 7,300,000 + 2.1 2C 3 5,250,000 4,950,000 + 6.1 3A 3 10,000,000 9,600,000 + 4.2 3B 3,140,000 2,710,000 + 15.9 4A 1,390,000 1,390,000 + 0.0 4B 1,140,000 1,140,000 + 0.0 4CDE 1,700,000 1,660,000 + 2.4 Coastwide 31,400,000 29,890,000 + 5.1 1 Area 2A catch limit includes sport, commercial, and tribal catch limits. 2 Area 2B catch limit includes sport and commercial catch limits. 3 Shown is the combined commercial and charter allocation under the Area 2C and Area 3A CSP. This value includes allocations to the charter sector and charter wastage, and an amount for commercial landings and wastage. The commercial catch limits after deducting wastage are 4,212,000 lb in Area 2C and 7,739,000 lb in Area 3A.
    Commercial Halibut Fishery Opening and Closing Dates

    The IPHC considers advice from the IPHC's two advisory boards when selecting opening and closing dates for the halibut fishery. The opening date for the tribal commercial fishery in Area 2A and for the commercial halibut fisheries in Areas 2B through 4E is March 11, 2017. The Conference Board had requested an earlier date (March 4) to coincide with favorable tides and to minimize potential interactions with sperm whales; however, the Processor Advisory Group noted that a later opening date facilitates halibut marketing. The March 11 date takes into account a number of factors, including the timing of halibut migration and spawning, and having a Saturday season opening to facilitate marketing. In addition, the majority of the fishing effort on the opening date has historically been for sablefish, whose opening date is tied to the halibut season dates, and not for halibut. The closing date for the halibut fisheries is November 7, 2017. This date takes into account the anticipated time required to fully harvest the commercial halibut catch limits, seasonal holidays, and adequate time for IPHC staff to review the complete record of 2017 commercial catch data for use in the 2017 stock assessment process.

    In the Area 2A non-treaty directed commercial fishery the IPHC recommended seven 10-hour fishing periods. Each fishing period shall begin at 0800 hours and terminate at 1800 hours local time on June 28, July 12, July 26, August 9, August 23, September 6, and September 20, 2017, unless the IPHC specifies otherwise. These 10-hour openings will occur until the quota is taken and the fishery is closed.

    Area 2A Catch Sharing Plan

    The NMFS West Coast Region published a proposed rule for changes to the Pacific Halibut Catch Sharing Plan for Area 2A off Washington, Oregon, and California on February 23, 2017 (82 FR 11419), with public comments accepted through March 15, 2017. A separate final rule will be published to approve changes to the Area 2A CSP and to implement the portions of the CSP and management measures that are not implemented through the IPHC annual management measures that are published in this final rule. These measures include the sport fishery allocations and management measures for Area 2A. Once published, the final rule implementing the Area 2A CSP will be available on the NOAA Fisheries West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-NMFS-2016-0144 at www.regulations.gov.

    Catch Sharing Plan for Area 2C and Area 3A

    In 2014, NMFS implemented a CSP for Area 2C and Area 3A. The CSP defines an annual process for allocating halibut between the charter and commercial fisheries in Area 2C and Area 3A, and establishes allocations for each fishery. To allow flexibility for individual commercial and charter fishery participants, the CSP also authorizes annual transfers of commercial halibut IFQ as GAF to charter halibut permit holders for harvest in the charter fishery. Under the CSP, the IPHC recommends combined catch limits (CCLs) for the charter and commercial halibut fisheries in Area 2C and Area 3A. Each CCL includes estimates of discard mortality (wastage) for each fishery. The CSP was implemented to achieve the halibut fishery management goals of the NPFMC. More information is provided in the final rule implementing the CSP (78 FR 75844, December 12, 2013). Implementing regulations for the CSP are at 50 CFR 300.65. The Area 2C and Area 3A CSP allocation tables are located in Tables 1 through 4 of subpart E of 50 CFR part 300. The IPHC recommended a CCL of 5,250,000 lb (2,381.36 mt) for Area 2C. Following the CSP allocations in Tables 1 and 3 of subpart E of 50 CFR part 300, the charter fishery is allocated 915,000 lb (415.04 mt) of the CCL and the remainder of the CCL, 4,335,000 lb (1,966.32 mt), is allocated to the commercial fishery. Wastage in the amount of 123,000 lb (55.79 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 4,212,000 lb (1,910.53 mt). The commercial allocation increased by about 291,000 lb (132.00 mt) or 7.2 percent, from the 2016 allocation of 4,044,000 lb (1,834.33 mt) (including wastage). The charter allocation for 2017 is about 9,000 lb (4.08 mt), or 1.0 percent greater than the charter sector allocation of 906,000 lb (410.95 mt) in 2016.

    The IPHC recommended a CCL of 10,000,000 lb (4,535.92 mt) for Area 3A. Following the CSP allocations in Tables 2 and 4 of subpart E of 50 CFR part 300, the charter fishery is allocated 1,890,000 lb (857.29 mt) of the CCL and the remainder of the CCL, 8,110,000 lb (3,678.63 mt), is allocated to the commercial fishery. Wastage in the amount of 371,000 lb (168.28 mt) was deducted from the commercial allocation to obtain the commercial catch limit of 7,739,000 lb (3,510.35 mt). The commercial allocation increased by about 324,000 lb (146.96 mt) or 4.2 percent, from the 2016 allocation of 7,786,000 lb (3,531.67 mt) (including wastage). The charter allocation increased by about 76,000 lb (34.47 mt), or 4.2 percent, from the 2016 allocation of 1,814,000 lb (822.82 mt).

    Charter Halibut Management Measures for Area 2C and Area 3A

    Guided (charter) recreational halibut anglers are managed under different regulations than unguided recreational halibut anglers in Areas 2C and 3A in Alaska. According to Federal regulations at 50 CFR 300.61, a charter vessel angler means a person, paying or non-paying, receiving sport fishing guide services for halibut. Sport fishing guide services means assistance, for compensation or with the intent to receive compensation, to a person who is sport fishing, to take or attempt to take halibut by accompanying or physically directing the sport fisherman in sport fishing activities during any part of a charter vessel fishing trip. A charter vessel fishing trip is the time period between the first deployment of fishing gear into the water from a charter vessel by a charter vessel angler and the offloading of one or more charter vessel anglers or any halibut from that vessel. The charter fishery regulations described below apply only to charter vessel anglers receiving sport fishing guide services during a charter vessel fishing trip for halibut in Area 2C or Area 3A. These regulations do not apply to unguided recreational anglers in any regulatory area in Alaska, or guided anglers in areas other than Areas 2C and 3A.

    The NPFMC formed the Charter Halibut Management Committee to provide it with recommendations for annual management measures intended to limit charter harvest to the charter catch limit while minimizing negative economic impacts to charter fishery participants in times of low halibut abundance. The committee is composed of representatives from the charter fishing industry in Areas 2C and 3A. The committee considered previously analyzed alternatives and suggested new alternative measures to be analyzed in October 2016. After reviewing an analysis of the effects of the alternative measures on estimated charter removals, the committee made recommendations for preferred management measures to the NPFMC for 2017. The NPFMC considered the recommendations of the committee, its industry advisory body, and public testimony to develop its recommendation to the IPHC, and the IPHC took action consistent with the NPFMC's recommendations. The NPFMC has used this process to select and recommend annual management measures to the IPHC since 2012.

    The IPHC recognizes the role of the NPFMC to develop policy and regulations that allocate the Pacific halibut resource among fishermen in and off Alaska, and that NMFS has developed numerous regulations to support the NPFMC's goals of limiting charter harvests. The IPHC concluded that new management measures were necessary for 2017 to limit the Area 2C and Area 3A charter halibut fisheries to their charter catch limits under the CSP, to achieve the IPHC's overall conservation objective to limit total halibut harvests to established catch limits, and to meet the NPFMC's allocation objectives for these areas. The IPHC determined that limiting charter harvests by implementing the management measures discussed below would meet these objectives.

    Management Measures for Charter Vessel Fishing in Area 2C

    The preliminary estimate of charter removals in Area 2C was below the 2016 charter allocation by about 62,000 lb (28.12 mt) or 6.9 percent, indicating that the 2016 management measures were appropriate and effective at limiting harvest by charter vessel anglers to the charter allocation. The analysis of alternative management measures indicated that both effort and harvest were projected to increase in 2017 under status quo regulations; however, the 9,000 lb (4.08 mt) increase in the catch limit allows management measures to be relaxed slightly for 2017.

    The preliminary estimate of charter wastage (release mortality) in 2016 represented about 6.5 percent of the directed harvest amount and has increased in recent years. Therefore, projected charter harvest for 2017 was increased by 7.0 percent to account for all charter removals in the selection of annual management measures for Area 2C.

    Relaxation of management measures is possible, while managing total charter removals, including wastage, in Area 2C to the 2017 allocation of 915,000 lb (415.04 mt). This final rule amends the 2016 measures applicable to the charter vessel fishery in Area 2C to relax restrictions and allow additional harvest relative to 2016.

    For 2017, the IPHC recommended the continuation of a one-fish daily bag limit with a reverse slot limit, as was in place in 2016, but increasing the lower size limit. The IPHC recommends a reverse slot limit that prohibits a person on board a charter vessel referred to in 50 CFR 300.65 and fishing in Area 2C from taking or possessing any halibut, with head on, that is greater than 44 inches (111.8 cm) and less than 80 inches (203.2 cm), as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail. The 2016 reverse slot limit prohibited retention by charter vessel anglers of halibut that were greater than 43 inches (109.2 cm) and less than 80 inches. The projected charter removal under the 2017 recommended reverse slot limit is 888,000 lb (402.79 mt), 27,000 lb (12.25 mt) below the charter allocation. The recommended reverse slot limit for 2017 will increase harvest opportunities for charter vessel anglers, while managing total charter removals to the charter allocation.

    Management Measures for Charter Vessel Fishing in Area 3A

    The preliminary estimate of charter removals in Area 3A in 2016 exceeded the charter allocation by 167,000 lb (75.75 mt), or 9.2 percent, primarily because charter vessel anglers caught and retained 7.1 percent more halibut and the average size of halibut retained was 3.5 percent heavier, on average, than predicted for the size and bag limits in place. In 2016, charter vessel anglers in Area 3A were limited to a two-fish daily bag limit with a maximum size limit on one fish. One effect of the maximum size limit was that the number of fish harvested per angler decreased in 2016 compared to 2015, but the average weight of harvested fish increased as many anglers opted to maximize the size of retained fish. The estimation error for average weight was factored into the analysis of potential management measures for 2017.

    The preliminary estimate of charter wastage in 2016 represented 0.8 percent of the directed harvest amount, but the average from 2013 through 2016 was 1.3 percent. The projected charter harvest for 2017 was increased by 1.5 percent to account for total charter removals in the selection of appropriate annual management measures for Area 3A for 2017.

    This final rule amends the 2016 management measures applicable to the charter halibut fishery in Area 3A. The NPFMC and IPHC considered 2016 information on charter removals and the projections of charter harvest for 2017. After considering 2016 harvest information, the NPFMC and IPHC determined that more restrictive management measures in Area 3A are necessary to limit charter removals, including wastage, to the 2017 allocation.

    For 2017, the IPHC recommended continuing the following management measures for Area 3A from 2016: (1) A two-fish bag limit with a 28-inch (71.1 cm) size limit on one of the halibut; (2) a one-trip per day limit for the entire season; (3) a day-of-week closure; and (4) an annual limit, with a reporting requirement. In addition, the IPHC recommended closure of another day of the week to charter fishing for part of the season. The projected charter harvest for 2017 under this combination of recommended measures is 1,874,000 lb (850.03 mt), 16,000 lb (7.26 mt) below the charter allocation. Each of these management measures is described in more detail below.

    Size Limit for Halibut Retained on a Charter Vessel in Area 3A

    The 2017 charter halibut fishery in Area 3A will be managed under a two-fish daily bag limit in which one of the retained halibut may be of any size and one of the retained halibut must be 28 inches (71.1 cm) total length or less. This is the same maximum size limit as 2016. This daily bag and size limit will be combined with additional restrictions to limit charter halibut removals to the 2017 allocation.

    Trip Limit for Charter Vessels Harvesting Halibut in Area 3A

    As in 2016, for 2017, a charter halibut permit is only authorized for use to catch and retain halibut on one charter halibut fishing trip per day in Area 3A. Additionally, a charter vessel is only authorized for use to catch and retain halibut on one charter halibut fishing trip per day. If no halibut are retained during a charter vessel fishing trip, the charter halibut permit and vessel may be used to take an additional trip to catch and retain halibut that day.

    For purposes of the trip limit in Area 3A in 2017, a charter vessel fishing trip will end when anglers or halibut are offloaded, or at the end of the calendar day, whichever occurs first. Charter operators are still able to conduct overnight trips and anglers may retain a bag limit of halibut on each calendar day, but operators are not allowed to begin another overnight trip until the day after the trip ends. GAF halibut are exempt from the trip limit; therefore, GAF could be used to harvest halibut on a second trip in a day, but only if exclusively GAF halibut were harvested on that trip.

    Day-of-Week Closure in Area 3A

    The NPFMC and the IPHC recommended continuing the day-of-week closure on Wednesdays for Area 3A in 2017. No retention of halibut by charter vessel anglers will be allowed in Area 3A on Wednesdays. To further reduce harvest, an additional day-of-week closure will be added for three Tuesdays in 2017: July 18, July 25, and August 1. Retention of only GAF halibut will be allowed on charter vessels on Wednesdays and the three closed Tuesdays; all other halibut that are caught while fishing on a charter vessel must be released. The addition of the three Tuesday closures is expected to reduce charter halibut harvest by 3.9 percent in Area 3A and reduce total charter harvest to below the charter catch limit.

    Annual Limit of Four Fish for Charter Vessels Anglers in Area 3A

    For 2017, charter vessel anglers will continue to be limited to harvesting no more than four halibut on charter vessel fishing trips in Area 3A during a calendar year. This limit applies only to halibut caught and retained during charter vessel fishing trips in Area 3A. Halibut harvested while unguided fishing, fishing in other IPHC regulatory areas, or harvested as GAF will not accrue toward the annual limit.

    To enforce the annual limit in 2017, each charter vessel angler who is required to have a State of Alaska sport fishing license and who harvests halibut will be required to record those halibut on the back of the fishing license. For those anglers who are not required to have a sport fishing license (e.g., youth and senior anglers), a nontransferable Sport Harvest Record Card must be obtained from an Alaska Department of Fish and Game (ADF&G) office, the ADF&G Web site, or a fishing license vendor, on which to record halibut harvested aboard a charter vessel. Immediately upon retention of a halibut for which an annual limit has been established, the charter vessel angler must record the date, location (Area 3A), and species of the catch (halibut), in ink, on the harvest record card or back of the sport fishing license.

    If the original sport fishing license or harvest record is lost, a duplicate or additional sport fishing license or harvest record card must be obtained and completed for all halibut previously retained during that year that were subject to the annual limit.

    Only halibut caught during a charter vessel fishing trip in Area 3A accrue toward the 4-fish annual limit and must be recorded on the license or harvest record card. Halibut that are harvested while charter fishing in regulatory areas other than Area 3A will not accrue toward the annual limit and are not subject to the reporting requirement. Likewise, halibut harvested while sport fishing without a guide in Area 3A, harvested while subsistence fishing, or harvested as GAF do not accrue toward the annual limit and should not be recorded on the license or harvest record. Finally, halibut that are caught during a charter vessel fishing trip that bear IPHC external tags are exempt from the annual limit and reporting requirements (see Section 21 of the IPHC regulations).

    Retention of Incidentally Caught Halibut in Sablefish Pots in Alaska

    On December 28, 2016, NMFS published a final rule to authorize longline pot gear for the IFQ sablefish fishery in the Gulf of Alaska (81 FR 95435). The Gulf of Alaska sablefish fishery takes place in a portion of IPHC Regulatory Area 2C (not including the inside waters), and Regulatory Areas 3A, 3B, and that portion of 4A in the Gulf of Alaska west of Area 3B and east of 170°00' W. longitude. The NMFS final rule also requires retention of halibut caught incidentally in longline pot gear subject to current retention requirements for the halibut IFQ Program (i.e., only if the halibut are of legal size and a person(s) on the vessel holds sufficient halibut IFQ). This recommendation is intended to avoid discard mortality of legal-size halibut caught incidentally in longline pots in the sablefish IFQ fishery, similar to current regulations that authorize sablefish and halibut IFQ holders using hook-and-line gear to retain legal-size halibut caught incidentally during the sablefish IFQ fishery.

    At its 2016 annual meeting, the IPHC approved longline pot gear, as defined by NMFS, as legal gear for the commercial halibut fishery in Alaska when NMFS regulations permit the use of this gear in the IFQ sablefish fishery. NMFS regulations will authorize the use of longline pot gear in the IFQ sablefish fishery on March 11, 2017 (81 FR 95435, December 28, 2016; notice of delayed effective date 82 FR 9690, February 8, 2017). Therefore, beginning in 2017, vessels using longline pot gear to harvest IFQ sablefish in the Gulf of Alaska will be required to retain halibut consistent with IPHC regulations and NMFS regulations specified in the final rule to authorize longline pot gear (81 FR 95435).

    Other Regulatory Amendments

    The IPHC approved two additional amendments to the 2017 annual management measures.

    The first amendment approved by the IPHC requires that beginning in 2017, all commercial Pacific halibut must be landed and weighed with their heads attached (head-on) for data reporting purposes. Section 13 of IPHC regulations previously had two minimum size limits: 32 inches (81.3 cm) for halibut taken or possessed with the head on, and 24 inches (61.0 cm) for halibut taken or possessed with the head removed. This regulatory amendment will require that halibut be landed head-on and those head-on halibut will be subject to a 32-inch minimum size limit. The only exception is for vessels that freeze halibut at sea. Those vessels may deliver their frozen, head-off halibut shoreside with a 24-inch minimum size limit. The IPHC regulations already required that in Area 2A all commercial halibut be landed with the head attached.

    This regulatory amendment is intended to improve the estimates of the weight of landed halibut. The IPHC has assumed that the weight of a removed head as a percentage of the whole body is 10 percent. However, results from recent studies (pp. 77-91 of the 2015 RARA and Chapter 2.8 of the 2016 RARA; available at www.iphc.int) indicate that the average weight of removed heads averages 12 percent of the whole body weight, and ranges from 9 to 18 percent of the whole body weight. The weight of removed heads relative to the whole body weight varies due to differences in the angle at which the head is cut off the body and the size of the fish.

    Landing records show that, coastwide, 67 to 71 percent of catch by weight is reported head-off, so the potential effect of head proportions that differ from assumed values is likely to have a significant impact on the biomass of catch that is used in the IPHC's annual stock assessment. For example, in recent years, the IPHC may have underestimated the coastwide landings by 2 to 3 percent, and estimates in some regulatory areas could be more inaccurate than others depending on the type of processing used and the size of halibut. In order to improve the accuracy of estimated landings, the IPHC approved the requirement for all commercially landed Pacific halibut to be landed and weighed with the head on, except for those halibut processed and frozen at sea.

    The second regulatory amendment approved by the IPHC revises Section 18 of the annual management measures for consistency with NMFS' halibut fishery regulations published at 50 CFR 679.7(f)(4), regarding fishing in multiple regulatory areas. Section 18 of the annual management measures and 50 CFR 679.7(f)(4) address the circumstances under which a person may lawfully possess at the same time, on board a vessel, halibut that were caught in more than one IPHC Regulatory Area off Alaska. However, differences in regulatory text have caused confusion for fishery participants. To reduce confusion, the IPHC regulations will allow possession at the same time on board a vessel halibut that were caught in more than one IPHC Regulatory Area off Alaska only if such possession is authorized by Federal regulations at 50 CFR 679.7(f)(4), and if the operator of the vessel identifies the halibut by regulatory area by separating halibut from different areas in the hold, tagging halibut, or by other means. The NMFS regulation specifies that a person may not retain IFQ or CDQ halibut on a vessel in excess of the total amount of unharvested IFQ or CDQ that is currently held by all persons on the vessel for the regulatory area in which the vessel is deploying fixed gear. This limit on halibut possession does not apply if the vessel has an observer aboard under the requirements of subpart E of 50 CFR part 679 and the vessel maintains an applicable daily fishing log as specified in IPHC regulations and 50 CFR 679.5. This change to the 2017 IPHC regulations does not change the requirements for vessels fishing in multiple areas, it simply clarifies the status quo regulations applicable to vessels fishing off Alaska.

    Annual Halibut Management Measures

    The following annual management measures for the 2017 Pacific halibut fishery are those recommended by the IPHC and accepted by the Secretary of State, with the concurrence of the Secretary of Commerce.

    1. Short Title

    These Regulations may be cited as the Pacific Halibut Fishery Regulations.

    2. Application

    (1) These Regulations apply to persons and vessels fishing for halibut in, or possessing halibut taken from, the maritime area as defined in Section 3.

    (2) Sections 3 to 6 apply generally to all halibut fishing.

    (3) Sections 7 to 20 apply to commercial fishing for halibut.

    (4) Section 21 applies to tagged halibut caught by any vessel.

    (5) Section 22 applies to the United States treaty Indian fishery in Subarea 2A-1.

    (6) Section 23 applies to customary and traditional fishing in Alaska.

    (7) Section 24 applies to Aboriginal groups fishing for food, social and ceremonial purposes in British Columbia.

    (8) Sections 25 to 28 apply to sport fishing for halibut.

    (9) These Regulations do not apply to fishing operations authorized or conducted by the Commission for research purposes.

    3. Definitions

    (1) In these Regulations,

    (a) “authorized officer” means any State, Federal, or Provincial officer authorized to enforce these Regulations including, but not limited to, the National Marine Fisheries Service (NMFS), Canada's Department of Fisheries and Oceans (DFO), Alaska Wildlife Troopers (AWT), United States Coast Guard (USCG), Washington Department of Fish and Wildlife (WDFW), the Oregon State Police (OSP), and California Department of Fish and Wildlife (CDFW);

    (b) “authorized clearance personnel” means an authorized officer of the United States, a representative of the Commission, or a designated fish processor;

    (c) “charter vessel” outside of Alaska waters means a vessel used for hire in sport fishing for halibut, but not including a vessel without a hired operator, and in Alaska waters means a vessel used while providing or receiving sport fishing guide services for halibut;

    (d) “commercial fishing” means fishing, the resulting catch of which is sold or bartered; or is intended to be sold or bartered, other than (i) sport fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 22, (iii) customary and traditional fishing as referred to in section 23 and defined by and regulated pursuant to NMFS regulations published at 50 CFR part 300, and (iv) Aboriginal groups fishing in British Columbia as referred to in section 24;

    (e) “Commission” means the International Pacific Halibut Commission;

    (f) “daily bag limit” means the maximum number of halibut a person may take in any calendar day from Convention waters;

    (g) “fishing” means the taking, harvesting, or catching of fish, or any activity that can reasonably be expected to result in the taking, harvesting, or catching of fish, including specifically the deployment of any amount or component part of gear anywhere in the maritime area;

    (h) “fishing period limit” means the maximum amount of halibut that may be retained and landed by a vessel during one fishing period;

    (i) “land” or “offload” with respect to halibut, means the removal of halibut from the catching vessel;

    (j) “license” means a halibut fishing license issued by the Commission pursuant to section 4;

    (k) “maritime area”, in respect of the fisheries jurisdiction of a Contracting Party, includes without distinction areas within and seaward of the territorial sea and internal waters of that Party;

    (l) “net weight” of a halibut means the weight of halibut that is without gills and entrails, head-off, washed, and without ice and slime. If a halibut is weighed with the head on or with ice and slime, the required conversion factors for calculating net weight are a 2 percent deduction for ice and slime and a 10 percent deduction for the head;

    (m) “operator”, with respect to any vessel, means the owner and/or the master or other individual on board and in charge of that vessel;

    (n) “overall length” of a vessel means the horizontal distance, rounded to the nearest foot, between the foremost part of the stem and the aftermost part of the stern (excluding bowsprits, rudders, outboard motor brackets, and similar fittings or attachments);

    (o) “person” includes an individual, corporation, firm, or association;

    (p) “regulatory area” means an area referred to in section 6;

    (q) “setline gear” means one or more stationary, buoyed, and anchored lines with hooks attached;

    (r) “sport fishing” means all fishing other than (i) commercial fishing, (ii) treaty Indian ceremonial and subsistence fishing as referred to in section 22, (iii) customary and traditional fishing as referred to in section 23 and defined in and regulated pursuant to NMFS regulations published in 50 CFR part 300, and (iv) Aboriginal groups fishing in British Columbia as referred to in section 24;

    (s) “tender” means any vessel that buys or obtains fish directly from a catching vessel and transports it to a port of landing or fish processor;

    (t) “VMS transmitter” means a NMFS-approved vessel monitoring system transmitter that automatically determines a vessel's position and transmits it to a NMFS-approved communications service provider.1

    1 Call NOAA Enforcement Division, Alaska Region, at 907-586-7225 between the hours of 0800 and 1600 local time for a list of NMFS-approved VMS transmitters and communications service providers.

    (2) In these Regulations, all bearings are true and all positions are determined by the most recent charts issued by the United States National Ocean Service or the Canadian Hydrographic Service.

    4. Licensing Vessels for Area 2A

    (1) No person shall fish for halibut from a vessel, nor possess halibut on board a vessel, used either for commercial fishing or as a charter vessel in Area 2A, unless the Commission has issued a license valid for fishing in Area 2A in respect of that vessel.

    (2) A license issued for a vessel operating in Area 2A shall be valid only for operating either as a charter vessel or a commercial vessel, but not both.

    (3) A vessel with a valid Area 2A commercial license cannot be used to sport fish for Pacific halibut in Area 2A.

    (4) A license issued for a vessel operating in the commercial fishery in Area 2A shall be valid for one of the following:

    (a) The directed commercial fishery during the fishing periods specified in paragraph (2) of section 8;

    (b) the incidental catch fishery during the sablefish fishery specified in paragraph (3) of section 8; or

    (c) the incidental catch fishery during the salmon troll fishery specified in paragraph (4) of section 8.

    (5) No person may apply for or be issued a license for a vessel operating in the incidental catch fishery during the salmon troll fishery in paragraph (4)(c), if that vessel was previously issued a license for either the directed commercial fishery in paragraph (4)(a) or the incidental catch fishery during the sablefish fishery in paragraph (4)(b).

    (6) A license issued in respect to a vessel referred to in paragraph (1) of this section must be carried on board that vessel at all times and the vessel operator shall permit its inspection by any authorized officer.

    (7) The Commission shall issue a license in respect to a vessel, without fee, from its office in Seattle, Washington, upon receipt of a completed, written, and signed “Application for Vessel License for the Halibut Fishery” form.

    (8) A vessel operating in the directed commercial fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on 30 April, or on the first weekday in May if 30 April is a Saturday or Sunday.

    (9) A vessel operating in the incidental catch fishery during the sablefish fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on 15 March, or the next weekday in March if 15 March is a Saturday or Sunday.

    (10) A vessel operating in the incidental catch fishery during the salmon troll fishery in Area 2A must have its “Application for Vessel License for the Halibut Fishery” form postmarked no later than 11:59 p.m. on 15 March, or the next weekday in March if 15 March is a Saturday or Sunday.

    (11) Application forms may be obtained from any authorized officer or from the Commission.

    (12) Information on “Application for Vessel License for the Halibut Fishery” form must be accurate.

    (13) The “Application for Vessel License for the Halibut Fishery” form shall be completed and signed by the vessel owner.

    (14) Licenses issued under this section shall be valid only during the year in which they are issued.

    (15) A new license is required for a vessel that is sold, transferred, renamed, or the documentation is changed.

    (16) The license required under this section is in addition to any license, however designated, that is required under the laws of the United States or any of its States.

    (17) The United States may suspend, revoke, or modify any license issued under this section under policies and procedures in Title 15, CFR part 904.

    5. In-Season Actions

    (1) The Commission is authorized to establish or modify regulations during the season after determining that such action:

    (a) Will not result in exceeding the catch limit established preseason for each regulatory area;

    (b) is consistent with the Convention between Canada and the United States of America for the Preservation of the Halibut Fishery of the Northern Pacific Ocean and Bering Sea, and applicable domestic law of either Canada or the United States; and

    (c) is consistent, to the maximum extent practicable, with any domestic catch sharing plans or other domestic allocation programs developed by the United States or Canadian governments.

    (2) In-season actions may include, but are not limited to, establishment or modification of the following:

    (a) Closed areas;

    (b) fishing periods;

    (c) fishing period limits;

    (d) gear restrictions;

    (e) recreational bag limits;

    (f) size limits; or

    (g) vessel clearances.

    (3) In-season changes will be effective at the time and date specified by the Commission.

    (4) The Commission will announce in-season actions under this section by providing notice to major halibut processors; Federal, State, United States treaty Indian, and Provincial fishery officials; and the media.

    6. Regulatory Areas

    The following areas shall be regulatory areas (see Figure 1) for the purposes of the Convention:

    (1) Area 2A includes all waters off the states of California, Oregon, and Washington;

    (2) Area 2B includes all waters off British Columbia;

    (3) Area 2C includes all waters off Alaska that are east of a line running 340° true from Cape Spencer Light (58°11′56″ N. latitude, 136°38′26″ W. longitude) and south and east of a line running 205° true from said light;

    (4) Area 3A includes all waters between Area 2C and a line extending from the most northerly point on Cape Aklek (57°41′15″ N. latitude, 155°35′00″ W. longitude) to Cape Ikolik (57°17′17″ N. latitude, 154°47′18″ W. longitude), then along the Kodiak Island coastline to Cape Trinity (56°44′50″ N. latitude, 154°08′44″ W. longitude), then 140° true;

    (5) Area 3B includes all waters between Area 3A and a line extending 150° true from Cape Lutke (54°29′00″ N. latitude, 164°20′00″ W. longitude) and south of 54°49′00″ N. latitude in Isanotski Strait;

    (6) Area 4A includes all waters in the Gulf of Alaska west of Area 3B and in the Bering Sea west of the closed area defined in section 10 that are east of 172°00′00″ W. longitude and south of 56°20′00″ N. latitude;

    (7) Area 4B includes all waters in the Bering Sea and the Gulf of Alaska west of Area 4A and south of 56°20′00″ N. latitude;

    (8) Area 4C includes all waters in the Bering Sea north of Area 4A and north of the closed area defined in section 10 which are east of 171°00′00″ W. longitude, south of 58°00′00″ N. latitude, and west of 168°00′00″ W. longitude;

    (9) Area 4D includes all waters in the Bering Sea north of Areas 4A and 4B, north and west of Area 4C, and west of 168°00′00″ W. longitude; and

    (10) Area 4E includes all waters in the Bering Sea north and east of the closed area defined in section 10, east of 168°00′00″ W. longitude, and south of 65°34′00″ N. latitude.

    7. Fishing in Regulatory Area 4E and 4D

    (1) Section 7 applies only to any person fishing, or vessel that is used to fish for, Area 4E Community Development Quota (CDQ) or Area 4D CDQ halibut, provided that the total annual halibut catch of that person or vessel is landed at a port within Area 4E or 4D.

    (2) A person may retain halibut taken with setline gear in Area 4E CDQ and 4D CDQ fishery that are smaller than the size limit specified in section 13, provided that no person may sell or barter such halibut.

    (3) The manager of a CDQ organization that authorizes persons to harvest halibut in the Area 4E or 4D CDQ fisheries must report to the Commission the total number and weight of undersized halibut taken and retained by such persons pursuant to section 7, paragraph (2). This report, which shall include data and methodology used to collect the data, must be received by the Commission prior to 1 November of the year in which such halibut were harvested.

    8. Fishing Periods

    (1) The fishing periods for each regulatory area apply where the catch limits specified in section 11 have not been taken.

    (2) Each fishing period in the Area 2A directed commercial fishery 2 shall begin at 0800 hours and terminate at 1800 hours local time on 28 June, 12 July, 26 July, 9 August, 23 August, 6 September, and 20 September, unless the Commission specifies otherwise.

    2 The directed fishery is restricted to waters that are south of Point Chehalis, Washington (46°53.30′ N. latitude) under regulations promulgated by NMFS and published in the Federal Register.

    (3) Notwithstanding paragraph (7) of section 11, an incidental catch fishery 3 is authorized during the sablefish seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on 11 March and 1200 hours local time on 7 November.

    3 The incidental fishery during the directed, fixed gear sablefish season is restricted to waters that are north of Point Chehalis, Washington (46°53.30′ N. latitude) under regulations promulgated by NMFS at 50 CFR 300.63. Landing restrictions for halibut retention in the fixed gear sablefish fishery can be found at 50 CFR 660.231.

    (4) Notwithstanding paragraph (2), and paragraph (7) of section 11, an incidental catch fishery is authorized during salmon troll seasons in Area 2A in accordance with regulations promulgated by NMFS. This fishery will occur between 1200 hours local time on 11 March and 1200 hours local time on 7 November.

    (5) The fishing period in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall begin at 1200 hours local time on 11 March and terminate at 1200 hours local time on 7 November, unless the Commission specifies otherwise.

    (6) All commercial fishing for halibut in Areas 2A, 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall cease at 1200 hours local time on 7 November.

    9. Closed Periods

    (1) No person shall engage in fishing for halibut in any regulatory area other than during the fishing periods set out in section 8 in respect of that area.

    (2) No person shall land or otherwise retain halibut caught outside a fishing period applicable to the regulatory area where the halibut was taken.

    (3) Subject to paragraphs (7), (8), (9), and (10) of section 19, these Regulations do not prohibit fishing for any species of fish other than halibut during the closed periods.

    (4) Notwithstanding paragraph (3), no person shall have halibut in his/her possession while fishing for any other species of fish during the closed periods.

    (5) No vessel shall retrieve any halibut fishing gear during a closed period if the vessel has any halibut on board.

    (6) A vessel that has no halibut on board may retrieve any halibut fishing gear during the closed period after the operator notifies an authorized officer or representative of the Commission prior to that retrieval.

    (7) After retrieval of halibut gear in accordance with paragraph (6), the vessel shall submit to a hold inspection at the discretion of the authorized officer or representative of the Commission.

    (8) No person shall retain any halibut caught on gear retrieved in accordance with paragraph (6).

    (9) No person shall possess halibut on board a vessel in a regulatory area during a closed period unless that vessel is in continuous transit to or within a port in which that halibut may be lawfully sold.

    10. Closed Area

    All waters in the Bering Sea north of 55°00′00″ N. latitude in Isanotski Strait that are enclosed by a line from Cape Sarichef Light (54°36′00″ N. latitude, 164°55′42″ W. longitude) to a point at 56°20′00″ N. latitude, 168°30′00″ W. longitude; thence to a point at 58°21′25″ N. latitude, 163°00′00″ W. longitude; thence to Strogonof Point (56°53′18″ N. latitude, 158°50′37″ W. longitude); and then along the northern coasts of the Alaska Peninsula and Unimak Island to the point of origin at Cape Sarichef Light are closed to halibut fishing and no person shall fish for halibut therein or have halibut in his/her possession while in those waters, except in the course of a continuous transit across those waters. All waters in Isanotski Strait between 55°00′00″ N. latitude and 54°49′00″ N. latitude are closed to halibut fishing.

    11. Commercial Catch Limits

    (1) The total allowable commercial catch of halibut to be taken during the commercial halibut fishing periods specified in section 8 shall be limited to the net weights expressed in pounds or metric tons shown in the following table:

    IPHC regulatory area Commercial catch limit—net weight Pounds Metric tons 2A: Directed commercial, and incidental commercial catch during salmon troll fishery 265,402 120.38 2A: Incidental commercial during sablefish fishery 70,000 31.75 2B 4 6,271,971 2,844.92 2C 5 4,212,000 1,910.53 3A 6 7,739,000 3,510.36 3B 3,140,000 1,424.28 4A 1,390,000 630.49 4B 1,140,000 517.09 4C 752,000 341.10 4D 752,000 341.10 4E 196,000 88.90

    (2) Notwithstanding paragraph (1), regulations pertaining to the division of the Area 2A catch limit between the directed commercial fishery and the incidental catch fishery as described in paragraph (4) of section 8 will be promulgated by NMFS and published in the Federal Register.

    4 IPHC allocates the catch limit to Area 2B as a combined commercial and sport catch limit (7,450,000 pounds). DFO allocates that amount between commercial and sport according to their allocation policy. In addition to the commercial fishery amount, 60,000 pounds has been allocated for research purposes. This amount also excludes any overage/underage adjustments. See section 27 for sport fishing regulations.

    5 For Area 2C, the commercial catch limit adopted by the Commission includes catch (4,212,000 pounds) reported in the table plus, estimated incidental mortality from the commercial fishery (123,000 pounds) for a total of 4,335,000 pounds. This total amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan (5,250,000 pounds).

    6 For Area 3A, the commercial catch limit adopted by the Commission includes catch (7,739,000 pounds) reported in the table plus, estimated incidental mortality from the commercial fishery (371,000 pounds) for a total of 8,110,000 pounds. This total amount is included in the combined commercial and guided sport sector catch limit set by IPHC and allocated by NMFS by a catch sharing plan (10,000,000 pounds).

    (3) The Commission shall determine and announce to the public the date on which the catch limit for Area 2A will be taken.

    (4) Notwithstanding paragraph (1), the commercial fishing in Area 2B will close only when all Individual Vessel Quotas (IVQs) assigned by DFO are taken, or November 7, whichever is earlier.

    (5) Notwithstanding paragraph (1), Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E will each close only when all Individual Fishing Quotas (IFQ) and all CDQs issued by NMFS have been taken, or 7 November, whichever is earlier.

    (6) If the Commission determines that the catch limit specified for Area 2A in paragraph (1) would be exceeded in an unrestricted 10-hour fishing period as specified in paragraph (2) of section 8, the catch limit for that area shall be considered to have been taken and the directed commercial fishery closed as announced by the Commission.

    (7) When under paragraphs (2), (3), and (6) the Commission has announced a date on which the catch limit for Area 2A will be taken, no person shall fish for halibut in that area after that date for the rest of the year, unless the Commission has announced the reopening of that area for halibut fishing.

    (8) Notwithstanding paragraph (1), the total allowable catch of halibut that may be taken in the Area 4E directed commercial fishery is equal to the combined annual catch limits specified for the Area 4D and Area 4E CDQ fisheries. The annual Area 4D CDQ catch limit will decrease by the equivalent amount of halibut CDQ taken in Area 4E in excess of the annual Area 4E CDQ catch limit.

    (9) Notwithstanding paragraph (1), the total allowable catch of halibut that may be taken in the Area 4D directed commercial fishery is equal to the combined annual catch limits specified for Area 4C and Area 4D. The annual Area 4C catch limit will decrease by the equivalent amount of halibut taken in Area 4D in excess of the annual Area 4D catch limit.

    12. Fishing Period Limits

    (1) It shall be unlawful for any vessel to retain more halibut than authorized by that vessel's license in any fishing period for which the Commission has announced a fishing period limit.

    (2) The operator of any vessel that fishes for halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of halibut to a commercial fish processor, completely offload all halibut on board said vessel to that processor and ensure that all halibut is weighed and reported on State fish tickets.

    (3) The operator of any vessel that fishes for halibut during a fishing period when fishing period limits are in effect must, upon commencing an offload of halibut other than to a commercial fish processor, completely offload all halibut on board said vessel and ensure that all halibut are weighed and reported on State fish tickets.

    (4) The provisions of paragraph (3) are not intended to prevent retail over-the-side sales to individual purchasers so long as all the halibut on board is ultimately offloaded and reported.

    (5) When fishing period limits are in effect, a vessel's maximum retainable catch will be determined by the Commission based on:

    (a) The vessel's overall length in feet and associated length class;

    (b) the average performance of all vessels within that class; and

    (c) the remaining catch limit.

    (6) Length classes are shown in the following table:

    Overall length
  • (in feet)
  • Vessel class
    1-25 A 26-30 B 31-35 C 36-40 D 41-45 E 46-50 F 51-55 G 56+ H

    (7) Fishing period limits in Area 2A apply only to the directed halibut fishery referred to in paragraph (2) of section 8.

    13. Size Limits

    (1) No person shall take or possess any halibut that:

    (a) With the head on, is less than 32 inches (81.3 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 2; or

    (b) with the head removed, is less than 24 inches (61.0 cm) as measured from the base of the pectoral fin at its most anterior point to the extreme end of the middle of the tail, as illustrated in Figure 2.

    (2) No person on board a vessel fishing for, or tendering halibut shall possess any halibut that has had its head removed, except that halibut frozen at sea with its head removed may be possessed on board a vessel by persons in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E if authorized by Federal regulations.

    (3) The size limit in paragraph (1)(b) will not be applied to any halibut that has had its head removed after the operator has landed the halibut.

    14. Careful Release of Halibut

    (1) All halibut that are caught and are not retained shall be immediately released outboard of the roller and returned to the sea with a minimum of injury by:

    (a) Hook straightening;

    (b) cutting the gangion near the hook; or

    (c) carefully removing the hook by twisting it from the halibut with a gaff.

    (2) Except that paragraph (1) shall not prohibit the possession of halibut on board a vessel that has been brought aboard to be measured to determine if the minimum size limit of the halibut is met and, if sublegal-sized, is promptly returned to the sea with a minimum of injury.

    15. Vessel Clearance in Area 4

    (1) The operator of any vessel that fishes for halibut in Areas 4A, 4B, 4C, or 4D must obtain a vessel clearance before fishing in any of these areas, and before the landing of any halibut caught in any of these areas, unless specifically exempted in paragraphs (10), (13), (14), (15), or (16).

    (2) An operator obtaining a vessel clearance required by paragraph (1) must obtain the clearance in person from the authorized clearance personnel and sign the IPHC form documenting that a clearance was obtained, except that when the clearance is obtained via VHF radio referred to in paragraphs (5), (8), and (9), the authorized clearance personnel must sign the IPHC form documenting that the clearance was obtained.

    (3) The vessel clearance required under paragraph (1) prior to fishing in Area 4A may be obtained only at Nazan Bay on Atka Island, Dutch Harbor or Akutan, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (4) The vessel clearance required under paragraph (1) prior to fishing in Area 4B may only be obtained at Nazan Bay on Atka Island or Adak, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (5) The vessel clearance required under paragraph (1) prior to fishing in Area 4C or 4D may be obtained only at St. Paul or St. George, Alaska, from an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (6) The vessel operator shall specify the specific regulatory area in which fishing will take place.

    (7) Before unloading any halibut caught in Area 4A, a vessel operator may obtain the clearance required under paragraph (1) only in Dutch Harbor or Akutan, Alaska, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor.

    (8) Before unloading any halibut caught in Area 4B, a vessel operator may obtain the clearance required under paragraph (1) only in Nazan Bay on Atka Island or Adak, by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor by VHF radio or in person.

    (9) Before unloading any halibut caught in Area 4C and 4D, a vessel operator may obtain the clearance required under paragraph (1) only in St. Paul, St. George, Dutch Harbor, or Akutan, Alaska, either in person or by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearances obtained in St. Paul or St. George, Alaska, can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel.

    (10) Any vessel operator who complies with the requirements in section 18 for possessing halibut on board a vessel that was caught in more than one regulatory area in Area 4 is exempt from the clearance requirements of paragraph (1) of this section, provided that:g

    (a) The operator of the vessel obtains a vessel clearance prior to fishing in Area 4 in either Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul, St. George, Adak, or Nazan Bay on Atka Island can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. This clearance will list the areas in which the vessel will fish; and

    (b) before unloading any halibut from Area 4, the vessel operator obtains a vessel clearance from Dutch Harbor, Akutan, St. Paul, St. George, Adak, or Nazan Bay on Atka Island by contacting an authorized officer of the United States, a representative of the Commission, or a designated fish processor. The clearance obtained in St. Paul or St. George can be obtained by VHF radio and allowing the person contacted to confirm visually the identity of the vessel. The clearance obtained in Adak or Nazan Bay on Atka Island can be obtained by VHF radio.

    (11) Vessel clearances shall be obtained between 0600 and 1800 hours, local time.

    (12) No halibut shall be on board the vessel at the time of the clearances required prior to fishing in Area 4.

    (13) Any vessel that is used to fish for halibut only in Area 4A and lands its total annual halibut catch at a port within Area 4A is exempt from the clearance requirements of paragraph (1).

    (14) Any vessel that is used to fish for halibut only in Area 4B and lands its total annual halibut catch at a port within Area 4B is exempt from the clearance requirements of paragraph (1).

    (15) Any vessel that is used to fish for halibut only in Area 4C or 4D or 4E and lands its total annual halibut catch at a port within Area 4C, 4D, 4E, or the closed area defined in section 10, is exempt from the clearance requirements of paragraph (1).

    (16) Any vessel that carries a transmitting VMS transmitter while fishing for halibut in Area 4A, 4B, 4C, or 4D and until all halibut caught in any of these areas is landed, is exempt from the clearance requirements of paragraph (1) of this section, provided that:

    (a) The operator of the vessel complies with NMFS' vessel monitoring system regulations published at 50 CFR 679.28(f)(3), (4) and (5); and

    (b) the operator of the vessel notifies NOAA Fisheries Office for Law Enforcement at 800-304-4846 (select option 1 to speak to an Enforcement Data Clerk) between the hours of 0600 and 0000 (midnight) local time within 72 hours before fishing for halibut in Area 4A, 4B, 4C, or 4D and receives a VMS confirmation number.

    16. Logs

    (1) The operator of any U.S. vessel fishing for halibut that has an overall length of 26 feet (7.9 meters) or greater shall maintain an accurate log of halibut fishing operations. The operator of a vessel fishing in waters in and off Alaska must use one of the following logbooks: The Groundfish/IFQ Longline and Pot Gear Daily Fishing Logbook, in electronic or paper form, provided by NMFS; the Alaska hook-and-line logbook provided by Petersburg Vessel Owners Association or Alaska Longline Fisherman's Association; the Alaska Department of Fish and Game (ADF&G) longline-pot logbook; or the logbook provided by IPHC. The operator of a vessel fishing in Area 2A must use either the WDFW Voluntary Sablefish Logbook, Oregon Department of Fish and Wildlife (ODFW) Fixed Gear Logbook, or the logbook provided by IPHC.

    (2) The logbook referred to in paragraph (1) must include the following information:

    (a) The name of the vessel and the State (ADF&G, WDFW, ODFW, or CDFW) or Tribal ID number;

    (b) the date(s) upon which the fishing gear is set or retrieved;

    (c) the latitude and longitude coordinates or a direction and distance from a point of land for each set or day;

    (d) the number of skates deployed or retrieved, and number of skates lost; and

    (e) the total weight or number of halibut retained for each set or day.

    (3) The logbook referred to in paragraph (1) shall be:

    (a) Maintained on board the vessel;

    (b) updated not later than 24 hours after 0000 (midnight) local time for each day fished and prior to the offloading or sale of halibut taken during that fishing trip;

    (c) retained for a period of two years by the owner or operator of the vessel;

    (d) open to inspection by an authorized officer or any authorized representative of the Commission upon demand; and

    (e) kept on board the vessel when engaged in halibut fishing, during transits to port of landing, and until the offloading of all halibut is completed.

    (4) The log referred to in paragraph (1) does not apply to the incidental halibut fishery during the salmon troll season in Area 2A defined in paragraph (4) of section 8.

    (5) The operator of any Canadian vessel fishing for halibut shall maintain an accurate record in the British Columbia Integrated Groundfish Fishing Log.

    (6) The log referred to in paragraph (5) must include the following information:

    (a) The name of the vessel and the DFO vessel registration number;

    (b) the date(s) upon which the fishing gear is set and retrieved;

    (c) the latitude and longitude coordinates for each set;

    (d) the number of skates deployed or retrieved, and number of skates lost; and

    (e) the total weight or number of halibut retained for each set.

    (7) The log referred to in paragraph (5) shall be:

    (a) Maintained on board the vessel;

    (b) retained for a period of two years by the owner or operator of the vessel;

    (c) open to inspection by an authorized officer or any authorized representative of the Commission upon demand;

    (d) kept on board the vessel when engaged in halibut fishing, during transits to port of landing, and until the offloading of all halibut is completed;

    (e) submitted to the DFO within seven days of offloading; and

    (f) submitted to the Commission within seven days of the final offload if not previously collected by a Commission employee.

    (8) No person shall make a false entry in a log referred to in this section.

    17. Receipt and Possession of Halibut

    (1) No person shall receive halibut caught in Area 2A from a United States vessel that does not have on board the license required by section 4.

    (2) No person shall possess on board a vessel a halibut other than whole or with gills and entrails removed, except that this paragraph shall not prohibit the possession on board a vessel of:

    (a) Halibut cheeks cut from halibut caught by persons authorized to process the halibut on board in accordance with NMFS regulations published at 50 CFR part 679;

    (b) fillets from halibut offloaded in accordance with section 17 that are possessed on board the harvesting vessel in the port of landing up to 1800 hours local time on the calendar day following the offload; 7 and

    7 DFO has more restrictive regulations; therefore, section 17 paragraph (2)(b) does not apply to fish caught in Area 2B or landed in British Columbia.

    (c) halibut with their heads removed in accordance with section 13.

    (3) No person shall offload halibut from a vessel unless the gills and entrails have been removed prior to offloading.8

    8 DFO did not adopt this regulation; therefore, section 17 paragraph (3) does not apply to fish caught in Area 2B.

    (4) It shall be the responsibility of a vessel operator who lands halibut to continuously and completely offload at a single offload site all halibut on board the vessel.

    (5) A registered buyer (as that term is defined in regulations promulgated by NMFS and codified at 50 CFR part 679) who receives halibut harvested in IFQ and CDQ fisheries in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E, directly from the vessel operator that harvested such halibut must weigh all the halibut received and record the following information on Federal catch reports: Date of offload; name of vessel; vessel number (State, Tribal or Federal, not IPHC vessel number); scale weight obtained at the time of offloading, including the scale weight (in pounds) of halibut purchased by the registered buyer, the scale weight (in pounds) of halibut offloaded in excess of the IFQ or CDQ, the scale weight of halibut (in pounds) retained for personal use or for future sale, and the scale weight (in pounds) of halibut discarded as unfit for human consumption.

    (6) The first recipient, commercial fish processor, or buyer in the United States who purchases or receives halibut directly from the vessel operator that harvested such halibut must weigh and record all halibut received and record the following information on State fish tickets: The date of offload; vessel number (State or Federal, not IPHC vessel number) or Tribal ID number; total weight obtained at the time of offload including the weight (in pounds) of halibut purchased; the weight (in pounds) of halibut offloaded in excess of the IFQ, CDQ, or fishing period limits; the weight of halibut (in pounds) retained for personal use or for future sale; and the weight (in pounds) of halibut discarded as unfit for human consumption.

    (7) The individual completing the State fish tickets for the Area 2A fisheries as referred to in paragraph (6) must additionally record whether the halibut weight is of head-on or head-off fish.

    (8) For halibut landings made in Alaska, the requirements as listed in paragraphs (5) and (6) can be met by recording the information in the Interagency Electronic Reporting Systems, eLandings in accordance with NMFS regulation published at 50 CFR part 679.

    (9) The master or operator of a Canadian vessel that was engaged in halibut fishing must weigh and record all halibut on board said vessel at the time offloading commences and record on Provincial fish tickets or Federal catch reports: The date; locality; name of vessel; the name(s) of the person(s) from whom the halibut was purchased; and the scale weight obtained at the time of offloading of all halibut on board the vessel including the pounds purchased, pounds in excess of IVQs, pounds retained for personal use, and pounds discarded as unfit for human consumption.

    (10) No person shall make a false entry on a State or Provincial fish ticket or a Federal catch or landing report referred to in paragraphs (5), (6), and (9) of section 17.

    (11) A copy of the fish tickets or catch reports referred to in paragraphs (5), (6), and (9) shall be:

    (a) Retained by the person making them for a period of three years from the date the fish tickets or catch reports are made; and

    (b) open to inspection by an authorized officer or any authorized representative of the Commission.

    (12) No person shall possess any halibut taken or retained in contravention of these Regulations.

    (13) When halibut are landed to other than a commercial fish processor, the records required by paragraph (6) shall be maintained by the operator of the vessel from which that halibut was caught, in compliance with paragraph (11).

    (14) No person shall tag halibut unless the tagging is authorized by IPHC permit or by a Federal or State agency.

    18. Fishing Multiple Regulatory Areas

    (1) Except as provided in this section, no person shall possess at the same time on board a vessel halibut caught in more than one regulatory area.

    (2) Halibut caught in more than one of the Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E may be possessed on board a vessel at the same time only if:

    (a) Authorized by NMFS' regulations published at 50 CFR Section 679.7(f)(4); and

    (b) the operator of the vessel identifies the regulatory area in which each halibut on board was caught by separating halibut from different areas in the hold, tagging halibut, or by other means.

    19. Fishing Gear

    (1) No person shall fish for halibut using any gear other than hook and line gear,

    (a) except that vessels licensed to catch sablefish in Area 2B using sablefish trap gear as defined in the Condition of Licence can retain halibut caught as bycatch under regulations promulgated by DFO; or

    (b) except that a person may retain halibut taken with longline pot gear in the sablefish IFQ fishery if such retention is authorized by NMFS regulations published at 50 CFR part 679.

    (2) No person shall possess halibut taken with any gear other than hook and line gear,

    (a) except that vessels licensed to catch sablefish in Area 2B using sablefish trap gear as defined by the Condition of Licence can retain halibut caught as bycatch under regulations promulgated by DFO; or

    (b) except that a person may possess halibut taken with longline pot gear in the sablefish IFQ fishery if such possession is authorized by NMFS regulations published at 50 CFR part 679.

    (3) No person shall possess halibut while on board a vessel carrying any trawl nets or fishing pots capable of catching halibut,

    (a) except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut heads, skin, entrails, bones or fins for use as bait may be possessed on board a vessel carrying pots capable of catching halibut, provided that a receipt documenting purchase or transfer of these halibut parts is on board the vessel; or

    (b) except that in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E, halibut may be possessed on board a vessel carrying pots capable of catching halibut, provided such possession is authorized by NMFS regulations published at 50 CFR part 679 as referenced in paragraphs (1) and (2) of this section; or

    (c) except that in Area 2B, halibut may be possessed on board a vessel carrying sablefish trap gear, provided such possession is authorized by the Condition of Licence regulations promulgated by DFO as referenced in paragraphs (1) and (2) of this section.

    (4) All setline or skate marker buoys carried on board or used by any United States vessel used for halibut fishing shall be marked with one of the following:

    (a) The vessel's State license number; or

    (b) the vessel's registration number.

    (5) The markings specified in paragraph (4) shall be in characters at least four inches in height and one-half inch in width in a contrasting color visible above the water and shall be maintained in legible condition.

    (6) All setline or skate marker buoys carried on board or used by a Canadian vessel used for halibut fishing shall be:

    (a) Floating and visible on the surface of the water; and

    (b) legibly marked with the identification plate number of the vessel engaged in commercial fishing from which that setline is being operated.

    (7) No person on board a vessel used to fish for any species of fish anywhere in Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery shall catch or possess halibut anywhere in those waters during that halibut fishing period unless, prior to the start of the halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (8) No vessel used to fish for any species of fish anywhere in Area 2A during the 72-hour period immediately before the fishing period for the directed commercial fishery may be used to catch or possess halibut anywhere in those waters during that halibut fishing period unless, prior to the start of the halibut fishing period, the vessel has removed its gear from the water and has either:

    (a) Made a landing and completely offloaded its catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (9) No person on board a vessel from which setline gear was used to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the halibut fishing season shall catch or possess halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (10) No vessel from which setline gear was used to fish for any species of fish anywhere in Areas 2B, 2C, 3A, 3B, 4A, 4B, 4C, 4D, or 4E during the 72-hour period immediately before the opening of the halibut fishing season may be used to catch or possess halibut anywhere in those areas until the vessel has removed all of its setline gear from the water and has either:

    (a) Made a landing and completely offloaded its entire catch of other fish; or

    (b) submitted to a hold inspection by an authorized officer.

    (11) Notwithstanding any other provision in these Regulations, a person may retain, possess and dispose of halibut taken with trawl gear only as authorized by Prohibited Species Donation regulations of NMFS.

    20. Supervision of Unloading and Weighing

    The unloading and weighing of halibut may be subject to the supervision of authorized officers to assure the fulfillment of the provisions of these Regulations.

    21. Retention of Tagged Halibut

    (1) Nothing contained in these Regulations prohibits any vessel at any time from retaining and landing a halibut that bears a Commission external tag at the time of capture, if the halibut with the tag still attached is reported at the time of landing and made available for examination by a representative of the Commission or by an authorized officer.

    (2) After examination and removal of the tag by a representative of the Commission or an authorized officer, the halibut:

    (a) May be retained for personal use; or

    (b) may be sold only if the halibut is caught during commercial halibut fishing and complies with the other commercial fishing provisions of these Regulations.

    (3) Any halibut that bears a Commission external tag must count against commercial IVQs, CDQs, or IFQs, unless otherwise exempted by State, Provincial, or Federal regulations.

    (4) Any halibut that bears a Commission external tag will not count against sport daily bag limits or possession limits, may be retained outside of sport fishing seasons, and are not subject to size limits in these regulations.

    (5) Any halibut that bears a Commission external tag will not count against daily bag limits, possession limits, or catch limits in the fisheries described in section 22, paragraph (7), section 23, or section 24.

    22. Fishing by United States Treaty Indian Tribes

    (1) Halibut fishing in Subarea 2A-1 by members of United States treaty Indian tribes located in the State of Washington shall be regulated under regulations promulgated by NMFS and published in the Federal Register.

    (2) Subarea 2A-1 includes all waters off the coast of Washington that are north of the Quinault River, WA (47°21.00′ N. lat.), and east of 125°44.00′ W. long; all waters off the coast of Washington that are between the Quinault River, WA (47°21.00′ N. lat.), and Point Chehalis, WA (46°53.30′ N. lat.), and east of 125°08.50′ W. long.; and all inland marine waters of Washington.

    (3) Section 13 (size limits), section 14 (careful release of halibut), section 16 (logs), section 17 (receipt and possession of halibut) and section 19 (fishing gear), except paragraphs (7) and (8) of section 19, apply to commercial fishing for halibut in Subarea 2A-1 by the treaty Indian tribes.

    (4) Regulations in paragraph (3) of this section that apply to State fish tickets apply to Tribal tickets that are authorized by WDFW.

    (5) Section 4 (Licensing Vessels for Area 2A) does not apply to commercial fishing for halibut in Subarea 2A-1 by treaty Indian tribes.

    (6) Commercial fishing for halibut in Subarea 2A-1 is permitted with hook and line gear from 11 March through 7 November, or until 435,900 pounds (197.72 metric tons) net weight is taken, whichever occurs first.

    (7) Ceremonial and subsistence fishing for halibut in Subarea 2A-1 is permitted with hook and line gear from 1 January through 31 December, and is estimated to take 29,600 pounds (13.43 metric tons) net weight.

    23. Customary and Traditional Fishing in Alaska

    (1) Customary and traditional fishing for halibut in Regulatory Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E shall be governed pursuant to regulations promulgated by NMFS and published in 50 CFR part 300.

    (2) Customary and traditional fishing is authorized from 1 January through 31 December.

    24. Aboriginal Groups Fishing for Food, Social and Ceremonial Purposes in British Columbia

    (1) Fishing for halibut for food, social and ceremonial purposes by Aboriginal groups in Regulatory Area 2B shall be governed by the Fisheries Act of Canada and regulations as amended from time to time.

    25. Sport Fishing for Halibut—General

    (1) No person shall engage in sport fishing for halibut using gear other than a single line with no more than two hooks attached; or a spear.

    (2) Any size limit promulgated under IPHC or NMFS regulations shall be measured in a straight line passing over the pectoral fin from the tip of the lower jaw with the mouth closed, to the extreme end of the middle of the tail.

    (3) Any halibut brought aboard a vessel and not immediately returned to the sea with a minimum of injury will be included in the daily bag limit of the person catching the halibut.

    (4) No person may possess halibut on a vessel while fishing in a closed area.

    (5) No halibut caught by sport fishing shall be offered for sale, sold, traded, or bartered.

    (6) No halibut caught in sport fishing shall be possessed on board a vessel when other fish or shellfish aboard said vessel are destined for commercial use, sale, trade, or barter.

    (7) The operator of a charter vessel shall be liable for any violations of these Regulations committed by an angler on board said vessel. In Alaska, the charter vessel guide, as defined in 50 CFR 300.61 and referred to in 50 CFR 300.65, 300.66, and 300.67, shall be liable for any violation of these Regulations committed by an angler on board a charter vessel.

    26. Sport Fishing for Halibut—Area 2A

    (1) The total allowable catch of halibut shall be limited to:

    (a) 237,762 pounds (107.85 metric tons) net weight in waters off Washington;

    (b) 256,757 pounds (116.46 metric tons) net weight in waters off Oregon; and

    (c) 34,580 pounds (15.69 metric tons) net weight in waters off California.

    (2) The Commission shall determine and announce closing dates to the public for any area in which the catch limits promulgated by NMFS are estimated to have been taken.

    (3) When the Commission has determined that a subquota under paragraph (8) of this section is estimated to have been taken, and has announced a date on which the season will close, no person shall sport fish for halibut in that area after that date for the rest of the year, unless a reopening of that area for sport halibut fishing is scheduled in accordance with the Catch Sharing Plan for Area 2A, or announced by the Commission.

    (4) In California, Oregon, or Washington, no person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (5) The possession limit on a vessel for halibut in the waters off the coast of Washington is the same as the daily bag limit. The possession limit for halibut on land in Washington is two daily bag limits.

    (6) The possession limit on a vessel for halibut caught in the waters off the coast of Oregon is the same as the daily bag limit. The possession limit for halibut on land in Oregon is three daily bag limits.

    (7) The possession limit on a vessel for halibut caught in the waters off the coast of California is one daily bag limit. The possession limit for halibut on land in California is one daily bag limit.

    (8) [The Area 2A CSP will be published under a separate final rule that, once published, will be available on the NOAA Fisheries West Coast Region's Web site at http://www.westcoast.fisheries.noaa.gov/fisheries/management/pacific_halibut_management.html, and under FDMS Docket Number NOAA-NMFS-2016-0144 at www.regulations.gov.]

    27. Sport Fishing for Halibut—Area 2B

    (1) In all waters off British Columbia: 9 10

    (a) The sport fishing season will open on 1 February unless more restrictive regulations are in place;

    (b) the sport fishing season will close when the sport catch limit allocated by DFO, is taken, or 31 December, whichever is earlier; and

    (c) the daily bag limit is two halibut of any size per day per person.

    (2) In British Columbia, no person shall fillet, mutilate, or otherwise disfigure a halibut in any manner that prevents the determination of minimum size or the number of fish caught, possessed, or landed.

    (3) The possession limit for halibut in the waters off the coast of British Columbia is three halibut.9 10

    9 DFO could implement more restrictive regulations for the sport fishery; therefore, anglers are advised to check the current Federal or Provincial regulations prior to fishing.

    10 For regulations on the experimental recreational fishery implemented by DFO, check the current Federal or Provincial regulations.

    28. Sport Fishing for Halibut—Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, 4E

    (1) In Convention waters in and off Alaska: 11 12

    11 NMFS could implement more restrictive regulations for the sport fishery or components of it; therefore, anglers are advised to check the current Federal or State regulations prior to fishing.

    12 Charter vessels are prohibited from harvesting halibut in Areas 2C and 3A during one charter vessel fishing trip under regulations promulgated by NMFS at 50 CFR 300.66.

    (a) The sport fishing season is from 1 February to 31 December.

    (b) The daily bag limit is two halibut of any size per day per person unless a more restrictive bag limit applies in Commission regulations or Federal regulations at 50 CFR 300.65.

    (c) No person may possess more than two daily bag limits.

    (d) No person shall possess on board a vessel, including charter vessels and pleasure craft used for fishing, halibut that have been filleted, mutilated, or otherwise disfigured in any manner, except that each halibut may be cut into no more than 2 ventral pieces, 2 dorsal pieces, and 2 cheek pieces, with skin on all pieces.

    (e) Halibut in excess of the possession limit in paragraph (1)(c) of this section may be possessed on a vessel that does not contain sport fishing gear, fishing rods, hand lines, or gaffs.

    (f) All halibut harvested on a charter vessel fishing trip in Area 2C or Area 3A must be retained on board the charter vessel on which the halibut was caught until the end of the charter vessel fishing trip as defined at 50 CFR 300.61.

    (g) Guided angler fish (GAF), as described at 50 CFR 300.65, may be used to allow a charter vessel angler to harvest additional halibut up to the limits in place for unguided anglers, and are exempt from the requirements in paragraphs 2 and 3 of this section.

    (2) For guided sport fishing (as referred to in 50 CFR 300.65) in Regulatory Area 2C:

    (a) The total allocation, including estimated harvest and incidental mortality (wastage), is 915,000 pounds (415.04 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than one halibut per calendar day.

    (c) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain any halibut that with head on is greater than 44 inches (111.8 cm) and less than 80 inches (203.2 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 3.

    (3) For guided sport fishing (as referred to in 50 CFR 300.65) in Regulatory Area 3A:

    (a) The total allocation, including estimated harvest and incidental mortality (wastage), is 1,890,000 pounds (857.29 metric tons).

    (b) No person on board a charter vessel (as referred to in 50 CFR 300.65) shall catch and retain more than two halibut per calendar day.

    (c) At least one of the retained halibut must have a head-on length of no more than 28 inches (71.1 cm) as measured in a straight line, passing over the pectoral fin from the tip of the lower jaw with mouth closed, to the extreme end of the middle of the tail, as illustrated in Figure 4. If a person sport fishing on a charter vessel in Area 3A retains only one halibut in a calendar day, that halibut may be of any length.

    (d) A charter halibut permit (as referred to in 50 CFR 300.67) may only be used for one charter vessel fishing trip in which halibut are caught and retained per calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61 as the time period between the first deployment of fishing gear into the water by a charter vessel angler (as defined at 50 CFR 300.61) and the offloading of one or more charter vessel anglers or any halibut from that vessel. For purposes of this trip limit, a charter vessel fishing trip ends at 11:59 p.m. (Alaska local time) on the same calendar day that the fishing trip began, or when any anglers or halibut are offloaded, whichever comes first.

    (e) A charter vessel on which one or more anglers catch and retain halibut may only make one charter vessel fishing trip per calendar day. A charter vessel fishing trip is defined at 50 CFR 300.61 as the time period between the first deployment of fishing gear into the water by a charter vessel angler (as defined at 50 CFR 300.61) and the offloading of one or more charter vessel anglers or any halibut from that vessel. For purposes of this trip limit, a charter vessel fishing trip ends at 11:59 p.m. (Alaska local time) on the same calendar day that the fishing trip began, or when any anglers or halibut are offloaded, whichever comes first.

    (f) No person on board a charter vessel may catch and retain halibut on any Wednesday, or on the following Tuesdays: 18 July, 25 July, and 1 August.

    (g) Charter vessel anglers may catch and retain no more than four (4) halibut per calendar year on board charter vessels in Area 3A. Halibut that are retained as GAF, retained while on a charter vessel fishing trip in other Commission regulatory areas, or retained while fishing without the services of a guide do not accrue toward the 4-fish annual limit. For purposes of enforcing the annual limit, each angler must:

    (1) Maintain a nontransferable harvest record in the angler's possession if retaining a halibut for which an annual limit has been established. Such harvest record must be maintained either on the back of the angler's State of Alaska sport fishing license or on a Sport Fishing Harvest Record Card obtained, without charge, from ADF&G offices, the ADF&G Web site, or fishing license vendors; and

    (2) immediately upon retaining a halibut for which an annual limit has been established, record the date, location (Area 3A), and species of the catch (halibut), in ink, on the harvest record; and

    (3) record the information required by paragraph 3(g)(2) on any duplicate or additional sport fishing license issued to the angler or any duplicate or additional Sport Fishing Harvest Record Card obtained by the angler for all halibut previously retained during that year that were subject to the harvest record reporting requirements of this section; and

    (4) carry the harvest record on his or her person while fishing for halibut.

    29. Previous Regulations Superseded

    These Regulations shall supersede all previous regulations of the Commission, and these Regulations shall be effective each succeeding year until superseded.

    BILLING CODE 3510-22-P ER07MR17.000 ER07MR17.001 Classification IPHC Regulations

    These IPHC annual management measures are a product of an agreement between the United States and Canada and are published in the Federal Register to provide notice of their effectiveness and content. Pursuant to section 4 of the Northern Pacific Halibut Act of 1982, 16 U.S.C. 773c, the Secretary of State, with the concurrence of the Secretary of Commerce, may “accept or reject” but not modify these recommendations of the IPHC. The notice-and-comment and delay-in-effectiveness date provisions of the Administrative Procedure Act (APA), 5 U.S.C. 553(c) and (d), are inapplicable to IPHC management measures because this regulation involves a foreign affairs function of the United States, 5 U.S.C. 553(a)(1). The additional time necessary to comply with the notice-and-comment and delay-in-effectiveness requirements of the APA would disrupt coordinated international conservation and management of the halibut fishery pursuant to the Convention. Furthermore, no other law requires prior notice and public comment for this rule. Because prior notice and an opportunity for public comment are not required to be provided for these portions of this rule by 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not applicable. Accordingly, no Regulatory Flexibility Analysis is required for this portion of the rule and none has been prepared.

    Authority:

    16 U.S.C. 773 et seq.

    Dated: March 2, 2017. Alan D. Risenhoover, Acting Deputy Assistant Administrator for Regulatory Programs, National Marine Fisheries Service.
    [FR Doc. 2017-04407 Filed 3-3-17; 8:45 am] BILLING CODE 3510-22-C
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066-5717-02] RIN 0648-XF259 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries AGENCY:

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

    ACTION:

    Temporary rule; inseason General category bluefin tuna quota transfer and retention limit adjustment.

    SUMMARY:

    NMFS is transferring 40 metric tons (mt) of Atlantic bluefin tuna (BFT) quota from the Reserve category to the General category January 2017 subquota period (which lasts from January 1 through March 31, 2017, or until the available subquota for this period is reached, whichever comes first). This transfer results in an adjusted subquota of 81 mt for the January 2017 subquota period and 78 mt for the Reserve category quota. NMFS also is adjusting the Atlantic tunas General category BFT daily retention limit for the January 2017 subquota period to one large medium or giant BFT from the current retention limit of three. This action is based on consideration of the regulatory determination criteria regarding inseason adjustments and applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT.

    DATES:

    The quota transfer is effective March 2, 2017 through March 31, 2017. The General category retention limit adjustment is effective March 5, 2017, through March 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Sarah McLaughlin or Brad McHale, 978-281-9260.

    SUPPLEMENTARY INFORMATION:

    Regulations implemented under the authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended by Amendment 7 to the 2006 Consolidated HMS FMP (Amendment 7) (79 FR 71510, December 2, 2014). NMFS is required under ATCA and the Magnuson-Stevens Act to provide U.S. fishing vessels with a reasonable opportunity to harvest the ICCAT-recommended quota.

    The base quota for the General category is 466.7 mt. See § 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. Although it is called the “January” subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. Based on the General category base quota of 466.7 mt, the subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. Effective January 1, 2017, NMFS transferred 16.3 mt of the 24.3-mt General category quota allocated for the December 2017 period to the January 2017 period, resulting in a subquota of 41 mt for the January period and a subquota of 8 mt for the December 2017 period (81 FR 91873, December 19, 2016). Effective February 28, 2017, NMFS reallocated 138.2 mt of the 2017 Purse Seine category quota to the Reserve and transferred 45 mt from the Reserve category quota to the Longline category, resulting in an adjusted 2017 Reserve category quota of 118 mt (82 FR 12296, March 2, 2017).

    Quota Transfer

    Under § 635.27(a)(9), NMFS has the authority to transfer quota among fishing categories or subcategories, after considering regulatory determination criteria at § 635.27(a)(8).

    NMFS has considered all of the relevant determination criteria and their applicability to this inseason quota transfer and change in retention limit in the General category fishery. The criteria and their application are discussed below.

    Transfer of 40 mt From the Reserve Category to the General Category

    For the inseason quota transfer, NMFS considered the usefulness of information obtained from catches in the particular category for biological sampling and monitoring of the status of the stock (§ 635.27(a)(8)(i)). Biological samples collected from BFT landed by General category fishermen and provided by tuna dealers provide NMFS with valuable parts and data for ongoing scientific studies of BFT age and growth, migration, and reproductive status. Additional opportunity to land BFT in the General category would support the continued collection of a broad range of data for these studies and for stock monitoring purposes.

    NMFS also considered the catches of the General category quota to date (including during the winter fishery in the last several years), and the likelihood of closure of that segment of the fishery if no adjustment is made (§ 635.27(a)(8)(ii)). As of February 27, 2017, the General category landed approximately 52 mt of its adjusted January subquota of 41 mt. Without a quota transfer, NMFS would have to close the January 2017 General category fishery, while unused quota remains in the Reserve category and while commercial-sized BFT may remain available in the areas where General category permitted vessels operate at this time of year. Transferring 40 mt of BFT quota from the Reserve category would result in 81 mt being available for the January subquota period. This quota transfer would provide additional opportunities to harvest the U.S. BFT quota without exceeding it, while preserving the opportunity for General category fishermen to participate in the winter BFT fishery.

    Regarding the projected ability of the vessels fishing under the particular category quota (here, the General category) to harvest the additional amount of BFT before the end of the fishing year (§ 635.27(a)(8)(iii)), NMFS considered General category landings in the last several years. General category landings in the winter BFT fishery tend to be highly variable and depend on access to commercial-sized BFT and fishing conditions, among other factors. Any unused General category quota from the January subperiod that remains as of March 31 will roll forward to the next subperiod within the calendar year (i.e., the June-August time period). In 2016, NMFS transferred the entire 24.3-mt December subquota to the January time period, for an adjusted January 2016 subquota of 49 mt. Under a three-fish General category daily retention limit, that adjusted subquota allowed the fishery to continue through the end of March 2016. This year, fishing conditions have resulted in highly variable landings, with higher landings rates in recent days.

    NMFS also considered the estimated amounts by which quotas for other gear categories of the fishery might be exceeded (§ 635.27(a)(8)(iv)) and the ability to account for all 2017 landings and dead discards. In the last several years, total U.S. BFT landings have been below the available U.S. quota such that the United States has carried forward the maximum amount of underharvest allowed by ICCAT from one year to the next. In 2016, the General category exceeded its adjusted quota (discussed below) but sufficient quota was available to cover the exceedance without affecting the other categories. NMFS will need to account for 2017 landings and dead discards within the adjusted U.S. quota, consistent with ICCAT recommendations, and anticipates having sufficient quota to do that. This quota transfer would provide additional opportunities to harvest the U.S. BFT quota without exceeding it, while preserving the opportunity for General category fishermen to participate in the winter BFT fishery.

    This transfer would be consistent with the current quotas, which were established and analyzed in the 2015 BFT quota final rule (80 FR 52198, August 28, 2015), and with objectives of the 2006 Consolidated HMS FMP and amendments. (§ 635.27(a)(8)(v) and (vi)). Another principal consideration is the objective of providing opportunities to harvest the full annual U.S. BFT quota without exceeding it based on the goals of the 2006 Consolidated HMS FMP and Amendment 7, including to achieve optimum yield on a continuing basis and to optimize the ability of all permit categories to harvest their full BFT quota allocations (related to § 635.27(a)(8)(x)).

    NMFS also anticipates that some underharvest of the 2016 adjusted U.S. BFT quota will be carried forward to 2017 and placed in the Reserve category, in accordance with the regulations. This, in addition to the fact that any unused General category quota will roll forward to the next subperiod within the calendar year, along with NMFS' plan to actively manage the subquotas to avoid any exceedances, makes it likely that General category quota will remain available through the end of 2017. NMFS also may conduct other allowable transfers among categories throughout the year after considering the regulatory determination criteria for such adjustments. In 2016, NMFS closed the General category quota effective November 4 to prevent further overharvest of the adjusted General category quota. General category landings were relatively high in the fall of 2016, due to a combination of fish availability, favorable fishing conditions, and higher daily retention limits (described below). NMFS anticipates that General category participants in all areas and time periods will have opportunities to harvest the General category quota in 2017, through active inseason management such as retention limit adjustments and/or the timing of quota transfers, as practicable. Thus, this quota transfer would allow fishermen to take advantage of the availability of fish on the fishing grounds, consider the expected increases in available 2017 quota later in the year, and provide a reasonable opportunity to harvest the full U.S. BFT quota.

    Based on the considerations above, NMFS is transferring 40 mt of BFT quota from the Reserve category, resulting in a subquota of 81 mt for the January 2017 subquota period and a subquota of 78 mt for the Reserve category. NMFS will close the General category fishery when the adjusted January period subquota of 81 mt has been reached, or it will close automatically on March 31, 2017, whichever comes first, and it will remain closed until the General category fishery reopens on June 1, 2017.

    Adjustment of General Category Daily Retention Limit

    Under § 635.23(a)(4), NMFS may increase or decrease the daily retention limit of large medium and giant BFT over a range of zero to a maximum of five per vessel based on consideration of the relevant criteria provided under § 635.27(a)(8), and listed above. NMFS has considered the relevant criteria and their applicability to the General category BFT retention limit for the remainder of the January subquota period.

    As described above with regard to the quota transfer, additional opportunity to land BFT (i.e., keeping the fishery open at a lower daily retention limit) would support the collection of a broad range of data for biological studies and for stock monitoring purposes. Regarding the effects of the adjustment on bluefin tuna rebuilding and overfishing and the effects of the adjustment on accomplishing the objectives of the fishery management plan, this action is needed to ensure that the fishery operates within the previously implemented quotas and retention limits analyzed in the Environmental Assessment for the 2011 final rule regarding General and Harpoon category management measures (76 FR 74003, November 30, 2011).

    As described above, a principal consideration in reducing the daily retention limit is the objective of providing opportunities to harvest the available U.S. BFT quota without exceeding that quota, based on the goals of the 2006 Consolidated HMS FMP, as amended. The retention limit currently is three fish and would continue to be three fish if NMFS were to take no action. NMFS is setting the retention limit at one fish through this action because, given the expected level of fishing effort and catch rates, a continued level of three fish may lead to exceeding the adjusted category quota.

    Regarding the catches of the particular category quota to date and the likelihood of closure of that segment of the fishery if no adjustment is made, NMFS notes that in 2012, 2013, and 2014, the available January subquota (23.1 mt) was reached on January 22, February 15, and March 21, respectively, under a limit of two large medium or giant BFT. In each of these years, the General category did not reach its available quota by the end of the year. For 2015, the adjusted January subquota of 45.7 was not met under a daily retention limit of three large medium or giant BFT, whereas for 2016, the adjusted subquota of 49 mt was reached, and slightly exceeded, as of March 31 under a three-fish limit. For the January 2017 subquota period, NMFS allowed a three-fish limit for most of the subquota period, and is decreasing it only in the final third of the period, to try to best utilize available quota and keep the fishery open for the rest of the subquota period, if possible.

    Based on these considerations, NMFS has determined that a General category retention limit of one fish is warranted for the remainder of the January 2017 subquota period. It would provide a reasonable opportunity to harvest the U.S. quota of BFT without exceeding it, help optimize the ability of the General category to harvest its available quota, allow collection of a broad range of data for stock monitoring purposes, and be consistent with the objectives of the 2006 Consolidated HMS FMP and amendments. Therefore, NMFS adjusts the General category retention limit from three to one large medium or giant BFT per vessel per day/trip, effective March 5, 2017, through March 31, 2017, or until the 81-mt January subquota is harvested, whichever comes first.

    Regardless of the duration of a fishing trip, the daily retention limit applies upon landing. For example, during the remainder of the January 2017 subquota period, whether a vessel fishing under the General category limit takes a two-day trip or makes two trips in one day, the day/trip limit of one fish applies and may not be exceeded upon landing. This General category retention limit is effective in all areas, except for the Gulf of Mexico, where NMFS prohibits targeted fishing for BFT, and applies to those vessels permitted in the General category, as well as to those HMS Charter/Headboat permitted vessels fishing commercially for BFT.

    Monitoring and Reporting

    NMFS will continue to monitor the BFT fishery closely. Dealers are required to submit landing reports within 24 hours of a dealer receiving BFT. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the Android or iPhone app. Depending on the level of fishing effort and catch rates of BFT, NMFS may determine that additional action (i.e., quota and/or daily retention limit adjustment, or closure) is necessary to ensure available quota is not exceeded or to enhance scientific data collection from, and fishing opportunities in, all geographic areas. If needed, subsequent adjustments will be published in the Federal Register. In addition, fishermen may call the Atlantic Tunas Information Line at (978) 281-9260, or access hmspermits.noaa.gov, for updates on quota monitoring and inseason adjustments.

    Classification

    The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons:

    The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. Affording prior notice and opportunity for public comment to implement the quota transfer and daily retention limit for the remainder of the January 2017 subquota period at this time is impracticable. NMFS could not have proposed these actions earlier, as it needed to consider and respond information about landings and availability of fish and other conditions outside the agency's control that then require immediate action to be effective on the fishing grounds and thus efficiently manage the fishery. Daily landings rates increased substantially the week of February 20, 2017, pushing total landings toward the available 41-mt quota. This information became available on February 24, 2017. NMFS could not effectively react to these landings data if, in implementing the retention limit, it allowed a public comment period, which would preclude fishermen from harvesting BFT that are legally available consistent with all of the regulatory criteria.

    Delays in adjusting the retention limit may result in the available quota being exceeded and NMFS needing to close the fishery earlier than otherwise would be necessary under a lower limit. This could adversely affect those General and HMS Charter/Headboat category vessels that would otherwise have an opportunity to harvest BFT under retention limits set in response to the most recent data available. Limited opportunities to harvest the respective quotas may have negative social and economic impacts for U.S. fishermen that depend upon catching the available quota within the time periods designated in the 2006 Consolidated HMS FMP, as amended. Adjustment of the retention limit needs to be effective as soon as possible to extend fishing opportunities for fishermen in geographic areas with access to the fishery only during this time period. Therefore, the AA finds good cause under 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment. For these reasons, there also is good cause under 5 U.S.C. 553(d) to waive the 30-day delay in effectiveness.

    This action is being taken under §§ 635.23(a)(4) and 635.27(a)(9), and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 971 et seq. and 1801 et seq.

    Dated: March 2, 2017. Emily D. Menashes, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04439 Filed 3-2-17; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 160920866-7167-02] RIN 0648-XF268 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Catcher/Processors Using Trawl Gear in the Western Regulatory Area of the Gulf of Alaska AGENCY:

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

    ACTION:

    Temporary rule; modification of a closure.

    SUMMARY:

    NMFS is opening directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the Gulf of Alaska (GOA). This action is necessary to fully use the A season allowance of the 2017 total allowable catch apportioned to catcher/processors using trawl gear in the Western Regulatory Area of the GOA.

    DATES:

    Effective 1200 hours, Alaska local time (A.l.t.), March 4, 2017, through 1200 hours, A.l.t., June 10, 2017. Comments must be received at the following address no later than 4:30 p.m., A.l.t., March 17, 2017.

    ADDRESSES:

    You may submit comments on this document, identified by NOAA-NMFS-2016-0127, by any of the following methods:

    Electronic Submission: Submit all electronic public comments via the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2016-0127, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments.

    Mail: Submit written comments to Glenn Merrill, Assistant Regional Administrator, Sustainable Fisheries Division, Alaska Region NMFS, Attn: Ellen Sebastian. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.

    Instructions: Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered by NMFS. All comments received are a part of the public record and will generally be posted for public viewing on www.regulations.gov without change. All personal identifying information (e.g., name, address), confidential business information, or otherwise sensitive information submitted voluntarily by the sender will be publicly accessible. NMFS will accept anonymous comments (enter “N/A” in the required fields if you wish to remain anonymous).

    FOR FURTHER INFORMATION CONTACT:

    Obren Davis, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

    NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680.

    NMFS closed directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA under § 679.20(d)(1)(iii) on January 1, 2017 pursuant to the final 2017 and 2018 harvest specifications for groundfish of the Gulf of Alaska (82 FR 12032, February 27, 2017).

    NMFS has determined that as of March 1, 2017, approximately 200 metric tons of Pacific cod remain in the A season allowance of the 2017 Pacific cod apportionment for catcher/processors using trawl gear in the Western Regulatory Area of the GOA. Therefore, in accordance with § 679.25(a)(1)(i), (a)(2)(i)(C), and (a)(2)(iii)(D), and to fully use the 2017 total allowable catch (TAC) of Pacific cod in the Western Regulatory Area of the GOA, NMFS is terminating the previous closure and is opening directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA. The Administrator, Alaska Region, NMFS, (Regional Administrator) considered the following factors in reaching this decision: (1) The current catch of Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA and, (2) the harvest capacity and stated intent on future harvesting patterns of vessels in participating in this fishery.

    Classification

    This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the opening of directed fishing for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 1, 2017.

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

    Without this inseason adjustment, NMFS could not allow the fishery for Pacific cod by catcher/processors using trawl gear in the Western Regulatory Area of the GOA to be harvested in an expedient manner and in accordance with the regulatory schedule. Under § 679.25(c)(2), interested persons are invited to submit written comments on this action to the above address until March 17, 2017.

    This action is required by § 679.25 and is exempt from review under Executive Order 12866.

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 2, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04446 Filed 3-2-17; 4:15 pm] BILLING CODE 3510-22-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 161020985-7181-02] RIN 0648-XF262 Fisheries of the Exclusive Economic Zone Off Alaska; Reallocation of Pollock in the Bering Sea and Aleutian Islands AGENCY:

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

    ACTION:

    Temporary rule.

    SUMMARY:

    NMFS is reallocating the projected unused amounts of the Aleut Corporation's pollock and the Community Development Quota directed fishing allowance from the Aleutian Islands subarea to the Bering Sea subarea directed fisheries. These actions are necessary to provide opportunity for harvest of the 2017 total allowable catch of pollock, consistent with the goals and objectives of the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area.

    DATES:

    Effective 1200 hrs, Alaska local time (A.l.t.), March 7, 2017, until 2400 hrs, A.l.t., December 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Steve Whitney, 907-586-7228.

    SUPPLEMENTARY INFORMATION:

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

    In the Aleutian Islands subarea, the portion of the 2017 pollock total allowable catch (TAC) allocated to the Aleut Corporation's is 14,700 metric tons (mt) and the Community Development Quota (CDQ) directed fishing allowance (DFA) is 1,900 mt as established by the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017).

    As of March 1, 2017, the Administrator, Alaska Region, NMFS, (Regional Administrator) has determined that 9,000 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA in the Aleutian Islands subarea will not be harvested. Therefore, in accordance with § 679.20(a)(5)(iii)(B)(4), NMFS reallocates 9,000 mt of Aleut Corporation's DFA and 1,900 mt of pollock CDQ DFA from the Aleutian Islands subarea to the 2017 Bering Sea subarea allocations. The 1,900 mt of pollock CDQ DFA is added to the 2017 Bering Sea CDQ DFA. The remaining 9,000 mt of pollock is apportioned to the AFA Inshore sector (50 percent), AFA catcher/processor sector (40 percent), and the AFA mothership sector (10 percent). The 2017 pollock incidental catch allowance remains at 47,210 mt. As a result, the harvest specifications for pollock in the Aleutian Islands subarea included in the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) are revised as follows: 5,700 mt to Aleut Corporation's DFA and 0 mt to CDQ DFA pollock. Furthermore, pursuant to § 679.20(a)(5), Table 4 of the final 2017 and 2018 harvest specifications for groundfish in the BSAI (82 FR 11826, February 27, 2017) is revised to make 2017 pollock allocations consistent with this reallocation. This reallocation results in adjustments to the 2017 Aleut Corporation and CDQ pollock allocations established at § 679.20(a)(5).

    Table 4—Final 2017 Allocations of Pollock TACs to the Directed Pollock Fisheries and to the CDQ Directed Fishing Allowances (DFA) 1 [Amounts are in metric tons] Area and sector 2017
  • Allocations
  • 2017 A season 1 A season DFA SCA harvest limit 2 2017 B
  • season 1
  • B season DFA
    Bering Sea subarea TAC 1 1,355,900 n/a n/a n/a CDQ DFA 136,400 61,380 38,192 75,020 ICA 1 47,210 n/a n/a n/a Total Bering Sea non-CDQ DFA 1,172,291 527,531 328,241 644,760 AFA Inshore 586,145 263,765 164,121 322,380 AFA Catcher/Processors 3 468,916 211,012 131,297 257,904 Catch by C/Ps 429,058 193,076 n/a 235,982 Catch by CVs 3 39,858 17,936 n/a 21,922 Unlisted C/P Limit 4 2,345 1,055 n/a 1,290 AFA Motherships 117,229 52,753 32,824 64,476 Excessive Harvesting Limit 5 205,151 n/a n/a n/a Excessive Processing Limit 6 351,687 n/a n/a n/a Aleutian Islands subarea ABC 36,061 n/a n/a n/a Aleutian Islands subarea TAC 1 8,100 n/a n/a n/a CDQ DFA 0 0 n/a 0 ICA 2,400 1,200 n/a 1,200 Aleut Corporation 5,700 5,700 n/a 0 Area harvest limit 7 541 10,818 n/a n/a n/a 542 5,409 n/a n/a n/a 543 1,803 n/a n/a n/a Bogoslof District ICA 8 500 n/a n/a n/a 1 Pursuant to § 679.20(a)(5)(i)(A), the Bering Sea subarea pollock, after subtracting the CDQ DFA (10 percent) and the ICA (3.9 percent), is allocated as a DFA as follows: Inshore sector—50 percent, catcher/processor sector (C/P)—40 percent, and mothership sector—10 percent. In the Bering Sea subarea, 45 percent of the DFA is allocated to the A season (January 20-June 10) and 55 percent of the DFA is allocated to the B season (June 10-November 1). Pursuant to § 679.20(a)(5)(iii)(B)(2)(i)-(iii), the annual Aleutian Islands pollock TAC, after subtracting first for the CDQ directed fishing allowance (10 percent) and second the ICA (2,400 mt), is allocated to the Aleut Corporation for a pollock directed fishery. In the Aleutian Islands subarea, the A season is allocated less than or equal to 40 percent of the ABC and the B season is allocated the remainder of the pollock directed fishery. 2 In the Bering Sea subarea, pursuant to § 679.20(a)(5)(i)(C), no more than 28 percent of each sector's annual DFA may be taken from the SCA before April 1. 3 Pursuant to § 679.20(a)(5)(i)(A)(4), not less than 8.5 percent of the DFA allocated to listed catcher/processors shall be available for harvest only by eligible catcher vessels delivering to listed catcher/processors. 4 Pursuant to § 679.20(a)(5)(i)(A)(4)(iii), the AFA unlisted catcher/processors are limited to harvesting not more than 0.5 percent of the catcher/processors sector's allocation of pollock. 5 Pursuant to § 679.20(a)(5)(i)(A)(6), NMFS establishes an excessive harvesting share limit equal to 17.5 percent of the sum of the non-CDQ pollock DFAs. 6 Pursuant to § 679.20(a)(5)(i)(A)(7), NMFS establishes an excessive processing share limit equal to 30.0 percent of the sum of the non-CDQ pollock DFAs. 7 Pursuant to § 679.20(a)(5)(iii)(B)(6), NMFS establishes harvest limits for pollock in the A season in Area 541 of no more than 30 percent, in Area 542 of no more than 15 percent, and in Area 543 of no more than 5 percent of the Aleutian Islands pollock ABC. 8 The Bogoslof District is closed by the final harvest specifications to directed fishing for pollock. The amounts specified are for ICA only and are not apportioned by season or sector. Note: Seasonal or sector apportionments may not total precisely due to rounding.
    Classification

    This action responds to the best available information recently obtained from the fishery. The Acting Assistant Administrator for Fisheries, NOAA (AA), finds good cause to waive the requirement to provide prior notice and opportunity for public comment pursuant to the authority set forth at 5 U.S.C. 553(b)(B) as such requirement is impracticable and contrary to the public interest. This requirement is impracticable and contrary to the public interest as it would prevent NMFS from responding to the most recent fisheries data in a timely fashion and would delay the reallocation of Aleutians Islands pollock. Since the pollock fishery is currently open, it is important to immediately inform the industry as to the final Bering Sea subarea and Aleutian Islands subarea pollock allocations. Immediate notification is necessary to allow for the orderly conduct and efficient operation of this fishery; allow the industry to plan for the fishing season and avoid potential disruption to the fishing fleet as well as processors; and provide opportunity to harvest increased seasonal pollock allocations while value is optimum. NMFS was unable to publish a notice providing time for public comment because the most recent, relevant data only became available as of March 1, 2017.

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

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

    Authority:

    16 U.S.C. 1801 et seq.

    Dated: March 2, 2017. Karen H. Abrams, Acting Deputy Director, Office of Sustainable Fisheries, National Marine Fisheries Service.
    [FR Doc. 2017-04435 Filed 3-6-17; 8:45 am] BILLING CODE 3510-22-P
    82 43 Tuesday, March 7, 2017 Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2017-0174; Directorate Identifier 2014-SW-059-AD] RIN 2120-AA64 Airworthiness Directives; Bell Helicopter Textron Canada Limited AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for Bell Helicopter Textron Canada Limited (Bell) Model 429 helicopters. This proposed AD would reduce the life limit of certain landing gear parts and is prompted by a stress analysis. The proposed actions are intended to address an unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by May 8, 2017.

    ADDRESSES:

    You may send comments by any of the following methods:

    Federal eRulemaking Docket: Go to http://www.regulations.gov. Follow the online instructions for sending your comments electronically.

    Fax: 202-493-2251.

    Mail: Send comments to the U.S. Department of Transportation, Docket Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New Jersey Avenue SE., Washington, DC 20590-0001.

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

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2017-0174; or in person at the Docket Operations Office between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the Transport Canada AD, the economic evaluation, any comments received, and other information. The street address for the Docket Operations Office (telephone 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    For service information identified in this proposed rule, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at http://www.bellcustomer.com/files/. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    FOR FURTHER INFORMATION CONTACT:

    Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to participate in this rulemaking by submitting written comments, data, or views. We also invite comments relating to the economic, environmental, energy, or federalism impacts that might result from adopting the proposals in this document. The most helpful comments reference a specific portion of the proposal, explain the reason for any recommended change, and include supporting data. To ensure the docket does not contain duplicate comments, commenters should send only one copy of written comments, or if comments are filed electronically, commenters should submit only one time.

    We will file in the docket all comments that we receive, as well as a report summarizing each substantive public contact with FAA personnel concerning this proposed rulemaking. Before acting on this proposal, we will consider all comments we receive on or before the closing date for comments. We will consider comments filed after the comment period has closed if it is possible to do so without incurring expense or delay. We may change this proposal in light of the comments we receive.

    Discussion

    Transport Canada, which is the aviation authority for Canada, has issued AD No. CF-2014-28, dated August 19, 2014, to correct an unsafe condition for Bell Model 429 helicopters, serial numbers 57001 and subsequent. Transport Canada advises that Bell has reduced the life limits of several landing gear components and accordingly revised the airworthiness limitations schedule for Model 429 helicopters. The reduced life limits resulted from a stress analysis completed by Bell after the introduction of the Model 429 helicopter to service. While the reduced life limits were originally published in Revision 9 of the Bell Model 429 maintenance manual, Transport Canada AD No. CF-2014-28 requires inserting the new airworthiness limitations schedule in Revision 10 of the Bell Model 429 maintenance manual. Transport Canada states that failure to replace those components prior to the established airworthiness life could result in an unsafe condition.

    FAA's Determination

    These helicopters have been approved by the aviation authority of Canada and are approved for operation in the United States. Pursuant to our bilateral agreement with Canada, Transport Canada, its technical representative, has notified us of the unsafe condition described in its AD. We are proposing this AD because we evaluated all known relevant information and determined that an unsafe condition is likely to exist or develop on other products of the same type design.

    Related Service Information

    We reviewed Bell Model 429 Maintenance Manual BHT-429-MM-1, Chapter 4, Airworthiness Limitations Schedule, Revision 9, dated January 6, 2012, which specifies airworthiness life limits and inspection intervals for parts installed on Model 429 helicopters. Revision 9 reduced the life limits for the skid tube assemblies, forward crosstube assembly, and aft crosstube assembly.

    Proposed AD Requirements

    This proposed AD would reduce the life limit of certain landing gear parts by requiring the removal from service of any part that has reached or exceeded its new life limit before further flight.

    Costs of Compliance

    We estimate that this proposed AD would affect 71 helicopters of U.S. Registry. We estimate that operators may incur the following costs in order to comply with this AD. Labor costs are estimated at $85 per work-hour. Calculating the life limit would take about 0.25 work-hour for an estimated cost of $21 per helicopter and $1,491 for the U.S. fleet. Replacing a skid tube assembly would take about 2 work-hours and parts would cost about $7,050 for an estimated replacement cost of $7,220. Replacing a forward cross tube assembly would take about 1.5 work-hours and parts would cost about $5,880 for an estimated replacement cost of $6,008. Replacing an aft tube assembly would take about 1.5 work-hours and parts would cost $6,710 for an estimated replacement cost of $6,838.

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

    For the reasons discussed, I certify this proposed regulation:

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

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

    3. Will not affect intrastate aviation in Alaska to the extent that it justifies making a regulatory distinction; and

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

    We prepared an economic evaluation of the estimated costs to comply with this proposed AD and placed it in the AD docket.

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Bell Helicopter Textron Canada Limited: Docket No. FAA-2017-0174; Directorate Identifier 2014-SW-059-AD. (a) Applicability

    This AD applies to Bell Helicopter Textron Canada Limited Model 429 helicopters, certificated in any category.

    (b) Unsafe Condition

    This AD defines the unsafe condition as a landing gear part remaining in service beyond its fatigue life. This condition could result in failure of a landing gear part, failure of a landing gear skid, and subsequent loss of control of the helicopter during takeoff or landing.

    (c) Comments Due Date

    We must receive comments by May 8, 2017.

    (d) Compliance

    You are responsible for performing each action required by this AD within the specified compliance time unless it has already been accomplished prior to that time.

    (e) Required Actions

    Before further flight, determine the accumulated retirement index number (RIN) for each part and remove it from service if it has reached or exceeded its life limit as follows. Thereafter, remove each part from service on or before reaching its life limit. For purposes of this AD, a run-on landing is defined as a landing with forward ground travel of the helicopter greater than 3 feet (0.91 m) with weight on skids.

    (1) For Skid Tube Assembly part number (P/N) 429-700-101, 429-700-102, and 429-030-586-107: 16,000 RIN. Count 1 RIN for each landing; count 81 RIN for each run-on landing; and count 117 RIN for each autorotation landing.

    (2) For Forward Crosstube Assembly P/N 429-712-101: 10,000 RIN. Count 1 RIN for each landing; count 50 RIN for each run-on landing; and count 118 RIN for each autorotation landing.

    (3) Aft Crosstube Assembly P/N 429-723-108: 30,000 RIN. Count 1 RIN for each landing; count 32 RIN for each run-on landing; and count 186 RIN for each autorotation landing.

    (f) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Safety Management Group, FAA, may approve AMOCs for this AD. Send your proposal to: Matt Fuller, Senior Aviation Safety Engineer, Safety Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy., Fort Worth, TX 76177; telephone (817) 222-5110; email [email protected]

    (2) For operations conducted under a 14 CFR part 119 operating certificate or under 14 CFR part 91, subpart K, we suggest that you notify your principal inspector, or lacking a principal inspector, the manager of the local flight standards district office or certificate holding district office before operating any aircraft complying with this AD through an AMOC.

    (g) Additional Information

    (1) Bell 429 Maintenance Manual BHT-429-MM-1, Volume 1, Chapter 4, Revision 9, dated January 6, 2012, which is not incorporated by reference, contains additional information about the subject of this AD. For service information identified in this AD, contact Bell Helicopter Textron Canada Limited, 12,800 Rue de l'Avenir, Mirabel, Quebec J7J1R4; telephone (450) 437-2862 or (800) 363-8023; fax (450) 433-0272; or at http://www.bellcustomer.com/files/. You may review the referenced service information at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177.

    (2) The subject of this AD is addressed in Transport Canada AD No. CF-2014-28, dated August 19, 2014. You may view the Transport Canada AD on the Internet at http://www.regulations.gov in the AD Docket.

    (h) Subject

    Joint Aircraft Service Component (JASC) Code: 3200, Landing Gear System.

    Issued in Fort Worth, Texas, on February 27, 2017. Scott A. Horn, Acting Manager, Rotorcraft Directorate, Aircraft Certification Service.
    [FR Doc. 2017-04371 Filed 3-6-17; 8:45 am] BILLING CODE 4910-13-P
    DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2016-9451; Directorate Identifier 2016-NE-24-AD] RIN 2120-AA64 Airworthiness Directives; Honeywell International Inc. Turbofan Engines AGENCY:

    Federal Aviation Administration (FAA), DOT.

    ACTION:

    Notice of proposed rulemaking (NPRM).

    SUMMARY:

    We propose to adopt a new airworthiness directive (AD) for all Honeywell International Inc. TFE731-20 and TFE731-40 turbofan engines. This proposed AD was prompted by two fan disks found with a manufacturing-caused flaw. This proposed AD would require removing affected fan disks, performing a one-time inspection, and replacing fan disks that fail inspection. We are proposing this AD to correct the unsafe condition on these products.

    DATES:

    We must receive comments on this proposed AD by April 21, 2017.

    ADDRESSES:

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

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

    Fax: 202-493-2251.

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

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

    For service information identified in this NPRM, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/. You may view this service information at the FAA, Engine & Propeller Directorate, 1200 District Avenue, Burlington, MA 01803. For information on the availability of this material at the FAA, call (781) 238-7125.

    Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-9451; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Office (phone: 800-647-5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    SUPPLEMENTARY INFORMATION: Comments Invited

    We invite you to send any written relevant data, views, or arguments about this NPRM. Send your comments to an address listed under the ADDRESSES section. Include “Docket No. FAA-2016-9451; Directorate Identifier 2016-NE-24-AD” at the beginning of your comments. We specifically invite comments on the overall regulatory, economic, environmental, and energy aspects of this NPRM. We will consider all comments received by the closing date and may amend this NPRM because of those comments.

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

    Discussion

    We received reports of two fan disks with material rollover condition on the surface of the dovetail slot. The material rollover was caused by incomplete chamfering or edge-break of the fan disk dovetail slots after broaching and subsequent shot-peening. This material rollover was considered a crack-like stress riser that can cause reduction in fatigue life and cracking. This condition, if not corrected, could result in uncontained failure of the fan disk and damage to the engine and airplane.

    Related Service Information Under 1 CFR Part 51

    We reviewed Honeywell Service Bulletin (SB) TFE731-72-5256, Revision 0, dated October 7, 2016. The SB identifies affected fan disks by serial number and describes procedures for removing, inspecting, and replacing the fan disks. This service information is reasonably available because the interested parties have access to it through their normal course of business or by the means identified in the ADDRESSES section.

    FAA's Determination

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

    Proposed AD Requirements

    This proposed AD would require removing, inspecting, and replacing affected fan disks.

    Differences Between This Proposed AD and the Service Information

    Honeywell SB TFE731-72-5256, Revision 0, dated October 7, 2016 specifies a five year compliance time with no grace period. This NPRM proposes a tiered compliance time based on cycle accumulation. Also, Honeywell SB TFE731-72-5256 specifies compliance with two overhaul/repair instructions (ORIs). Honeywell ORI T43374 addresses the fan disk material rollover condition and Honeywell ORI T43342 addresses additional material in the fan disk wings. This NPRM addresses only ORI T43374 corrective action for an unsafe condition.

    Costs of Compliance

    We estimate that this proposed AD affects 61 engines installed on airplanes of U.S. registry.

    We estimate the following costs to comply with this proposed AD:

    Estimated Costs Action Labor cost Parts cost Cost per
  • product
  • Cost on U.S. operators
    Remove fan disk 8 work-hours × $85 per hour = $680.00 $0 $680.00 $41,480.00 Inspect fan disk 8 work-hours × $85 per hour = $680.00 $0 680.00 41,480.00 Install reworked or new fan disk 18 work-hours × $85 per hour = $1,530.00 $0 1,530.00 93,330.00

    We estimate the following costs to do any necessary disk replacements that would be required based on the results of the proposed inspection. We estimate that 6 engines will need this replacement:

    On-Condition Costs Action Labor cost Parts cost Cost per
  • product
  • Replace non-serviceable disks with new fan disk 1 work-hour × $85 per hour = $85.00 $50,000.00 $300,510.00

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

    Authority for This Rulemaking

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

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

    Regulatory Findings

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

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

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

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

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

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

    List of Subjects in 14 CFR Part 39

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

    The Proposed Amendment

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

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

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

    § 39.13 [Amended]
    2. The FAA amends § 39.13 by adding the following new airworthiness directive (AD): Honeywell International Inc. (Type Certificate previously held by AlliedSignal Inc., Garrett Engine Division; Garrett Turbine Engine Company; and AiResearch Manufacturing Company of Arizona): Docket No. FAA-2016-9451; Directorate Identifier 2016-NE-24-AD. (a) Comments Due Date

    We must receive comments by April 21, 2017.

    (b) Affected ADs

    None.

    (c) Applicability

    This AD applies to all Honeywell International Inc. (Honeywell) TFE731-20 and TFE731-40 turbofan engines, with fan disk, part number (P/N) 3060287-2 and serial numbers (S/Ns) listed in Table 9 of Honeywell Service Bulletin (SB) TFE731-72-5256, Revision 0, dated October 7, 2016, that do not have “T43374” marked adjacent to the engine P/N or S/N.

    (d) Subject

    Joint Aircraft System Component (JASC) Code 7230, Turbine Engine Compressor Section.

    (e) Unsafe Condition

    This AD was prompted by a report of two fan disks found with surface rollovers in the dovetail slot area. We are issuing this AD to prevent uncontained failure of the fan disks and damage to the engine and airplane.

    (f) Compliance

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

    (g) Required Actions

    (1) Remove fan disks with 9,000 cycles-since-new (CSN) or more on the effective date of this AD, within 100 cycles-in-service (CIS), or at the next shop visit, or at next access, whichever occurs first, after the effective date of this AD.

    (2) Remove fan disks with between 8,000 and 8,999 CSN, inclusive, on the effective date of this AD, within 9,100 CSN or within 1,000 CIS, or at the next shop visit, or at next access, whichever occurs first, after the effective date of this AD.

    (3) Remove fan disks with fewer than 8,000 CSN, on the effective date of this AD, before exceeding 9,000 CSN, or at the next shop visit, or at next access, whichever occurs first, after the effective date of this AD.

    (4) Inspect removed fan disks in accordance with Paragraph 3.D.(2) in the Accomplishment Instructions of Honeywell SB TFE731-72-5256, Revision 0, dated October 7, 2016.

    (5) Replace all removed fan disks with a part eligible for installation.

    (h) Definitions

    (1) For the purposes of this AD, shop visit is defined as the removal of the tie-shaft nut from the engine.

    (2) For the purposes of this AD, access is defined as the removal of the fan rotor assembly from the engine.

    (3) For the purposes of this AD, parts eligible for installation are those fan disks that pass the inspections and are marked with “T43374” adjacent to the P/N or S/N.

    (i) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Los Angeles Aircraft Certification Office, FAA, may approve AMOCs for this AD. Use the procedures found in 14 CFR 39.19 to make your request.

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

    (j) Related Information

    (1) For more information about this AD, contact Joseph Costa, Aerospace Engineer, Los Angeles Aircraft Certification Office, FAA, Transport Airplane Directorate, 3960 Paramount Blvd., Lakewood, CA 90712-4137; phone: 562-627-5246; fax: 562-627-5210; email: [email protected]

    (2) For service information identified in this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/.

    (3) For service information on returning the fan disk for inspection identified in SB TFE731-72-5256 of this AD, contact Honeywell International Inc., 111 S. 34th Street, Phoenix, AZ 85034-2802; phone: 800-601-3099; Internet: https://myaerospace.honeywell.com/wps/portal/!ut/.

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

    Issued in Burlington, Massachusetts on February 8, 2017. Carlos A. Pestana, Acting Manager, Engine & Propeller Directorate, Aircraft Certification Service.
    [FR Doc. 2017-04370 Filed 3-6-17; 8:45 am] BILLING CODE 4910-13-P
    SECURITIES AND EXCHANGE COMMISSION 17 CFR Parts 210, 211, 229, 231 and 241 [Release No. 33-10321; 34-80131; File No. S7-02-17] RIN 3235-AL79 Request for Comment on Possible Changes to Industry Guide 3 (Statistical Disclosure by Bank Holding Companies) AGENCY:

    Securities and Exchange Commission.

    ACTION:

    Request for comment.

    SUMMARY:

    The Commission is publishing this request for comment to seek public input as to the disclosures called for by Industry Guide 3, Statistical Disclosure by Bank Holding Companies. The financial services industry has changed dramatically since Guide 3 was first published. Consequently, our disclosure guidance may not in all cases reflect recent industry developments or changes in accounting standards related to financial and other reporting requirements.

    DATES:

    Comments should be received on or before May 8, 2017.

    ADDRESSES:

    Comments may be submitted by any of the following methods:

    Electronic Comments

    • Use the Commission's Internet comment form (http://www.sec.gov/rules/other.shtml);

    • Send an email to [email protected] Please include File Number S7-02-17 on the subject line; or

    • Use the Federal eRulemaking Portal (http://www.regulations.gov). Follow the instructions for submitting comments.

    Paper Comments

    • Send paper comments to Secretary, Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549-1090.

    All submissions should refer to File Number S7-02-17. This file number should be included on the subject line if email is used. To help us process and review your comments more efficiently, please use only one method of submission. The Commission will post all comments on the Commission's Web site (http://www.sec.gov/rules/other.shtml). Comments also are available for Web site viewing and printing in the Commission's Public Reference Room, 100 F Street NE., Washington, DC 20549, on official business days between the hours of 10:00 a.m. and 3:00 p.m. All comments received will be posted without change; the Commission does not edit personal identifying information from submissions. You should submit only information that you wish to make available publicly. FOR FURTHER INFORMATION CONTACT:

    Lindsay McCord, Associate Chief Accountant in the Office of Chief Accountant, Division of Corporation Finance, at (202) 551-3400, U.S. Securities and Exchange Commission, 100 F Street NE., Washington, DC 20549.

    SUPPLEMENTARY INFORMATION:

    Table of Contents I. Introduction II. Applicable Disclosures A. Distribution of Assets, Liabilities and Stockholders' Equity; Interest Rate and Interest Differential (Average Balance, Interest and Yield/Rate Analysis and Rate/Volume Analysis) B. Investment Portfolio C. Loan Portfolio D. Summary of Loan Loss Experience E. Deposits F. Return on Equity and Assets G. Short-Term Borrowings H. Potential New Disclosures III. Applicability of Disclosure Requirements A. Applicability to Registrants Other Than Bank Holding Companies B. Applicability to Foreign Registrants C. Size Thresholds and Reporting Periods IV. Closing I. Introduction

    The Commission is considering possible revisions to its disclosure regime for bank holding companies. When we discuss current disclosure guidance in this request for comment, we focus on the disclosures currently called for by Industry Guide 3, Statistical Disclosure by Bank Holding Companies (Guide 3).1 By its terms, Guide 3 applies exclusively to bank holding companies, although the staff has previously indicated that the disclosures called for by Guide 3 “should also be provided by other registrants with material lending and deposit activities.” 2 In this request for comment, when we use the term “BHC registrants,” we are referring to public companies that apply Guide 3 disclosures. In light of developments in the financial services industry since publication of Guide 3, we are considering modernization of the nature, timing, scope and applicability of Guide 3. We also encourage commenters to consider registrants other than BHC registrants with material amounts of activities in the areas addressed in Guide 3 3 when responding to this request for comment.

    1 57 FR 36442.

    2 Staff Accounting Bulletin Topic 11:K—Application of Article 9 and Guide 3 (SAB 11:K). The Industry Guides and SAB 11:K are not rules, regulations or statements of the Commission. Further, as with any staff guidance, the views of the staff referenced in this request for comment are not rules or interpretations of the Commission. The Commission has neither approved nor disapproved the views of the staff expressed herein.

    3 Guide 3 is divided into seven sections, each covering a distinct area of statistical disclosure: (I) Distribution of Assets, Liabilities and Stockholders' Equity; Interest Rates and Interest Differential, (II) Investment Portfolio, (III) Loan Portfolio, (IV) Summary of Loan Loss Experience, (V) Deposits, (VI) Return on Equity and Assets, and (VII) Short-Term Borrowings.

    The goal of the Commission's disclosure system is to ensure that investors receive the information they need to make informed investment and voting decisions.4 Many of the Commission's disclosure requirements are found in Regulation S-K,5 which is the central repository of non-financial statement disclosure requirements, and Regulation S-X,6 which prescribes the form and content of and requirements for financial statements. These requirements generally apply to all registrants, regardless of industry. In some instances, the Commission has determined that registrants in specific industries, such as bank holding companies, should provide additional disclosures. For example, Subpart 1200 of Regulation S-K 7 contains additional disclosure requirements for oil and gas producing companies. The Commission also recently proposed to consolidate the property disclosure requirements for mining registrants in a new Subpart 1300 of Regulation S-K.8 Similarly, the Commission has adopted disclosure requirements and published guidance specific to bank holding companies, such as Article 9 of Regulation S-X (Article 9),9 which sets forth the Commission's rules for the form and content of consolidated bank holding company financial statements and bank financial statements included in filings with the Commission.

    4 Adoption of Integrated Disclosure System, Release No. 33-6383 (Mar. 3, 1982) [47 FR 11380].

    5 17 CFR 229.10 et seq.

    6 17 CFR 210.1-01 et seq.

    7 17 CFR 229.1201 through 1208.

    8 Modernization of Property Disclosures for Mining Registrants, Release No. 33-10098 (June 16, 2016) [81 FR 41651] (Mining Disclosures Release).

    9 17 CFR 210.9-01 through 9-07.

    Industry Guide 3 was first published in 1976 10 as “a convenient reference to the statistical disclosures sought by the staff of the Division of Corporation Finance in registration statements and other disclosure documents filed by bank holding companies.” 11 The Guide 3 release noted that “as the operations of bank holding companies have diversified, it has become increasingly difficult for investors to identify the sources of income of such companies.” 12 The Division believed that disclosure of the same statistical information on a regular, periodic basis would assist in assessing their future earning potential and enable investors to compare bank holding companies.13 In drafting Guide 3, the staff was “mindful of the investor's need to assess uncertainties, the need for disclosure with respect to changes in risk characteristics, and specifically the need for substantial and specific disclosure of changes in risk characteristics of loan portfolios.” 14 Consequently, Guide 3 called for “more meaningful disclosure about loan portfolios and related items in filings by bank holding companies” 15 than had been generally available prior to implementation of Guide 3. Guide 3 also requests information with respect to a BHC registrant's foreign operations on the basis that it believes is representative of its foreign activities and the risks associated with such business. The staff's view was that such “information [would] assist investors to evaluate the potential impact of future economic events upon a registrant's business and earnings and to assess the ability of a bank holding company to move into or out of situations with favorable or unfavorable risk/return characteristics.” 16 In adopting Guide 3, the staff consulted extensively with representatives of the Board of Governors of the Federal Reserve System (FRB), the Office of the Comptroller of the Currency (OCC) and the Federal Deposit Insurance Corporation (FDIC) (collectively, U.S. banking agencies), which regulate banking organizations.17 Unless the context dictates otherwise, in this request for comment, when we use the term “banking organizations,” we are referring to national banks, state member banks, Federal savings associations, and top-tier bank holding companies domiciled in the United States not subject to the FRB's Small Bank Holding Company Policy Statement (12 CFR part 225, appendix C), as well as top-tier savings and loan holding companies domiciled in the United States, except certain savings and loan holding companies that are substantially engaged in insurance underwriting or commercial activities.18 Guide 3 has been amended over time to provide more uniformity and consistency between the Guide and Article 9 and to elicit additional information about various risk elements involved in deposit and lending activities,19 although the last substantive revision of Guide 3 took place in 1986.20

    10 Guides for Statistical Disclosure by Bank Holding Companies, Release No. 33-5735 (Aug. 31, 1976) [41 FR 39007] (Guide 3 Release). Guide 3 was originally published as Securities Act Guide 61 and Exchange Act Guide 3. In 1982, Securities Act Guide 61 and Exchange Act Guide 3 were redesignated as Securities Act Industry Guide 3 and Exchange Act Industry Guide 3. See Rescission of Guides and Redesignation of Industry Guides, Release No. 33-6384 (Mar. 16, 1982) [47 FR 11476]. When it published the Guide 3 Release, the Commission stated that “[t]he Guides are not Commission rules nor do they bear the Commission's official approval; they represent policies and practices followed by the Commission's Division of Corporation Finance in administering the disclosure requirements of the federal securities laws.”

    11 Guide 3 Release at 39008.

    12Id.

    13Id.

    14Id.

    15Id.

    16Id.

    17Id.

    18See Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule. (Oct. 11, 2013) [78 FR 62017] (Regulatory Capital Rules).

    19 Amendments to Guides for Statistical Disclosure by Bank Holding Companies, Release No. 33-6221 (July 8, 1980) [45 FR 47138] (1980 Guide 3 Amendments Release); Revision of Financial Statement Requirements and Industry Guide Disclosure for Bank Holding Companies, Release No. 33-6458 (Mar. 7, 1983) [48 FR 11104]; Revision of Industry Guide Disclosures for Bank Holding Companies, Release No. 33-6478 (Aug. 11, 1983) 48 FR 37609 (1983 Guide 3 Revisions Release); Notification of Technical Amendments to Securities Act Industry Guides, Release No. 33-9337 (Jul. 13, 2012) [77 FR 42175].

    20 Guide 3's last substantive revision, which added disclosures regarding loans and extensions of credit to borrowers in countries experiencing liquidity problems, occurred in 1986. See Amendments to Industry Guide Disclosures by Bank Holding Companies, Release No. 33-6677 (Nov. 25, 1986) [51 FR 43594].

    Purpose of This Request for Comment

    Since the last substantive revisions to Guide 3, the Commission has issued disclosure requirements and guidelines 21 and the Financial Accounting Standards Board (FASB)  22 has issued accounting standards that have changed the reporting obligations for all registrants generally. In addition, various international, federal and state regulatory, supervisory and standard-setting bodies 23 require entities within their respective remits to publish a wide range of quantitative and qualitative disclosures. Consequently, some of the disclosures called for by Guide 3, which are focused on the needs of an investor, may be duplicative of or overlap with subsequently adopted Commission rules, accounting principles generally accepted in the United States (U.S. GAAP) or disclosures mandated by other regulatory, supervisory or standard-setting regimes.

    21 For example, the Commission adopted Item 305 of Regulation S-K in 1997. Disclosure of Accounting Policies for Derivative Financial Instruments and Derivative Commodity Instruments and Disclosure of Quantitative and Qualitative Information about Market Risk Inherent in Derivative Financial Instruments, Other Financial Instruments and Derivative Commodity Instruments, Release No. 33-7386 (Jan. 31, 1997) [62 FR 6044] (Disclosure of Market Risk Sensitive Instruments Release).

    22 The Commission has broad authority and responsibility under the federal securities laws to prescribe the methods to be followed in the preparation of accounts and the form and content of financial statements to be filed under those laws. See, e.g., Sections 7 and 19(a) and Schedule A, Items (25) and (26) of the Securities Act of 1933 [15 U.S.C. 77a et seq.] (Securities Act) and Sections 3(b), 12(b) and 13(b) of the Securities Exchange Act of 1934 [15 U.S.C. 78a et seq.] (Exchange Act). To assist it in meeting this responsibility, the Commission historically has looked to private sector standard-setting bodies designated by the accounting profession to develop accounting principles and standards. In 2002, in accordance with criteria established by the Sarbanes-Oxley Act, the Commission designated the FASB as the private sector accounting standard setter for U.S. financial reporting. See Commission Statement of Policy Reaffirming the Status of the FASB as a Designated Private-Sector Standard Setter, Release No. 33-8221 (Apr. 25, 2003) [68 FR 23333]. The IASB, which is subject to oversight by the IFRS Foundation, is responsible for IFRS and establishes its own standard-setting agenda. For further information, see http://www.ifrs.org/About-us/Pages/IFRS-Foundation-and-IASB.aspx.

    23 In the United States, for example, the U.S. banking agencies regulate and supervise banking organizations. The Basel Committee on Banking Supervision (BCBS) is an example of an international standard-setter for the prudential regulation of banks. The BCBS develops international regulatory capital standards through a number of capital accords and related publications. The United States is a participating member of the BCBS, and the U.S. banking agencies generally implement BCBS standards through a notice and comment process. For more information, see http://www.bis.org/bcbs/history.pdf.

    Furthermore, the financial services industry has evolved significantly since Guide 3 was first published. Bank holding companies and financial holding companies today conduct a wider array of activities than was the case at the time of Guide 3's publication.24 Moreover, the use of financial instruments has also evolved. For example, 1,438 insured U.S. commercial banks and savings associations reported derivatives activities at the end of the third quarter of 2016.25 A small group of large financial institutions continues to dominate derivatives activity in the U.S. commercial banking system. During the third quarter of 2016, four large commercial banks represented 89.7 percent of the total banking industry notional amounts and 84.4 percent of industry net credit exposure.26

    24 For example, some banking organizations engage in activities involving physical commodities, insurance, investment management, asset management and broker-dealer activities. See also Henry T. C. Hu, Disclosure Universes and Modes of Information: Banks, Innovation, and Divergent Regulatory Quests, 31 Yale Journal on Regulation 565 (2014) at pages 590-592.

    25 See Quarterly Report on Bank Derivatives Activities, Third Quarter 2016, Office of the Comptroller of the Currency, available at https://www.occ.gov/topics/capital-markets/financial-markets/derivatives/derivatives-quarterly-report.html.

    26Id.

    In this request for comment, we describe each disclosure section in Guide 3 in turn, as well as related disclosures required by Commission rules, U.S. GAAP and the U.S. banking agencies,27 and we ask for public input about how and to what extent the Guide 3 disclosure regime could be improved. We seek input on new or revised disclosure or the elimination of what may be duplicative or overlapping disclosures in Guide 3. We also seek input on whether any of the Guide 3 disclosures, which are not Commission rules or requirements, should be codified as Commission rules.28 Because we are considering modernization of the scope and applicability of Guide 3, we also encourage commenters to consider registrants other than bank holding companies when recommending improvements to the disclosure regime.

    27 The descriptions in this request for comment are provided for the convenience of commenters and to facilitate the comment process. These descriptions, particularly the descriptions of applicable bank regulatory requirements and U.S. GAAP, should not be taken as Commission or staff guidance about the relevant rules or standards.

    28 In 1996, the Commission's Task Force on Disclosure Simplification recommended relocating the industry guides, including Guide 3, into Regulation S-K. Report of the Task Force on Disclosure Simplification (Mar. 5, 1996), available at http://www.sec.gov/news/studies/smpl.htm. Currently, Instruction 13 to Regulation S-K Item 303(a) directs the attention of bank holding companies to the information called for by Guide 3. In 2008, the Commission modernized the reporting requirements applicable to oil and gas reserves and codified the disclosures formerly in Industry Guide 2 into Regulation S-K. Modernization of Oil and Gas Reporting, Release No. 33-8995 (Dec. 31, 2008) [74 FR 2158].

    Sources of Disclosures

    In addition to Article 9 and Guide 3, various Commission rules and accounting standards applicable to registrants in all industries govern the disclosures that bank holding companies provide in Commission filings. For example: 29

    29 The rules and accounting standards in these examples apply to domestic registrants. Foreign private issuers are subject to similar Commission disclosure requirements. For example, Form 20-F requires a discussion of the foreign private issuer's financial condition, changes in financial condition and results of operations and quantitative and qualitative disclosures about market risk.

    • Article 4 of Regulation S-X 30 requires financial statements for domestic registrants to comply with U.S. GAAP, which in turn contains disclosure requirements that apply specifically to the financial services industry.31

    30 17 CFR 210.4-01 through 4-10.

    31 U.S. GAAP includes industry-specific accounting and reporting guidance for the financial services industry in Accounting Standards Codification (ASC) 940 to 950. U.S. GAAP categorizes the financial services industry disclosures by the following: Broker Dealers, Depository and Lending, Insurance, Investment Companies, Mortgage Banking, and Title Plant.

    • Item 303 of Regulation S-K,32 Management's discussion and analysis of financial condition and results of operations (MD&A), requires a discussion and analysis of the underlying causes of material changes in financial statement line items, as well as the material trends and uncertainties that may have a material impact on a registrant's results of operations, liquidity or capital resources.33

    32 17 CFR 229.303.

    33See Commission Guidance Regarding Management's Discussion and Analysis of Financial Condition and Results of Operations, Release No. 33-8350 (Dec. 19, 2003) [68 FR 75056] (Interpretive Guidance on MD&A).

    • Item 305 of Regulation S-K,34 Quantitative and qualitative disclosures about market risk, requires disclosures about market risks, including interest rate risk. Interest rate risk is a significant risk for registrants whose balance sheets are concentrated in interest-earning assets and interest-bearing liabilities.

    34 17 CFR 229.305.

    • Item 2.02 of Form 8-K requires registrants that make any public announcement or release material non-public information about their results of operations or financial condition for a completed quarter or annual period to furnish the information as an exhibit to Form 8-K. Among other things, this requirement applies to earnings releases and investor presentations.35

    35 Registrants sometimes provide investor presentations that contain extensive information that is not required to be disclosed by Commission rules or accounting standards. For example, some registrants disclose calculations for capital ratios to which they are not yet subject. In addition, some registrants disclose their deposit spreads for each category of deposits, while disclosing in MD&A their deposit spread on an aggregated basis only.

    A wide range of information is publicly available beyond what is called for by the Commission's disclosure requirements and guidance. For example:

    • The U.S. banking agencies require their regulated banking organizations to file publicly available Consolidated Reports of Condition and Income (Call Reports), on a quarterly basis.36 The FRB also requires bank holding companies to file publicly available data separately on a consolidated basis.37 Because these reports are prepared based on bank regulatory reporting requirements, the information they contain is not necessarily identical to the information in Commission filings.

    36 Every national bank, state member bank, insured state nonmember bank, and savings association is required to file periodic consolidated Call Reports. These banking organizations may not be the entities that file reports with the Commission, which typically are the bank holding companies. For Call Report instructions and forms, see http://www.ffiec.gov/ffiec_report_forms.htm. Call Reports must be filed 30 to 35 calendar days after the report date, depending on whether the filer has a foreign office. The discussion of Call Reports in this request for comment is based on the reporting requirements applicable to banking organizations as of December 31, 2016.

    37 The FRB collects basic financial data on a consolidated basis from domestic bank holding companies, savings and loan holding companies and securities holding companies on Form FR Y-9C.

    • Banking organizations are subject to the regulatory capital framework and the associated disclosures adopted by the U.S. banking agencies. The current regulatory capital framework, known as “Basel III,” was first phased in beginning on January 1, 2014 and became effective for all U.S. banking organizations on January 1, 2015.38 U.S. GAAP requires disclosure describing the capital requirements and compliance with those requirements on an annual basis.39

    38 The BCBS developed international regulatory capital standards through a number of capital accords and related publications, which have collectively been in effect since 1998. Basel III is a comprehensive set of reform measures, developed by the BCBS, to strengthen the regulation, supervision, and risk management of the banking sector. The measures include both liquidity and capital reforms. See http://www.federalreserve.gov/bankinforeg/basel/.

    The Basel III framework is based on the following three pillars: (1) Minimum capital requirements, (2) supervisory review process, and (3) market discipline disclosures. See Regulatory Capital Rules.

    39 ASC 942-505-50. The ratios and amounts required to be disclosed, if applicable, include: (1) Tier 1 leverage, (2) Tier 1 risk-based and total risk-based capital, (3) tangible capital, and (4) Tier 3 capital for market risk. Registrants should disclose any other regulatory limitations that could materially affect their economic resources and claims to those resources.

    Entities within the scope of ASC 942 include the following: (a) Finance companies; (b) depository institutions; (c) bank holding companies; (d) savings and loan association holding companies; (e) branches and agencies of foreign banks regulated by U.S. federal banking regulatory agencies; (f) state-chartered banks, credit unions and savings institutions that are not federally insured; (g) foreign financial institutions that present U.S. GAAP financial statements; (h) mortgage companies; and (i) corporate credit unions.

    • Large, internationally active banking organizations, certain designated nonbank financial companies and certain consolidated subsidiary depositary institutions thereof are subject to a liquidity coverage ratio (LCR) requirement. The LCR requirement is designed to promote the short-term resilience of the liquidity risk profile of covered organizations, thereby improving the financial services industry's ability to absorb shocks arising from financial and economic stress, and to further improve the measurement and management of liquidity risk. It requires covered organizations to maintain adequate levels of “high-quality liquid assets.” 40 Basel III also introduced, and the U.S. banking agencies have proposed, a net stable funding ratio (NSFR) requirement, a liquidity measure that would require large, internationally active banking organizations to maintain sufficient levels of “stable funding” to reduce liquidity risk in the banking system.41

    40 The U.S. banking agencies adopted the LCR rule effective January 1, 2015 for large and internationally active banking organizations, generally, bank holding companies, certain savings and loan holding companies, and depository institutions with $250 billion or more in total assets or $10 billion or more in on balance sheet foreign exposure and their consolidated subsidiaries that are depository institutions with $10 billion or more in total consolidated assets. In addition, a modified minimum LCR requirement applies to bank holding companies and savings and loan holding companies without significant insurance or commercial operations that are not internationally active and, in each case, have $50 billion or more in total consolidated assets. See Liquidity Coverage Ratio: Liquidity Risk Measurement Standards (Oct. 10, 2014) [79 FR 61440] (LCR Adopting Release).

    In December 2016, the FRB adopted quarterly public disclosure requirements related to the LCR requirement, including disclosure of the inputs to the LCR calculation. The effective date is scaled based on organization size, and only those covered organizations with $700 billion or more in total consolidated assets or $10 trillion or more in assets under custody must comply in 2017. See Liquidity Coverage Ratio: Public Disclosure Requirements; Extension of Compliance Period for Certain Companies to Meet the Liquidity Coverage Ratio Requirements (Dec. 27, 2016) [81 FR 94922].

    41 In May 2016, the U.S. banking agencies proposed a rule that would establish a minimum NSFR threshold applicable to covered organizations and would require public disclosure of the NSFR, its components and a discussion of certain qualitative features of it. If adopted, the rule would become effective on January 1, 2018 and is tailored to the size of the organization. See Net Stable Funding Ratio: Liquidity Risk Measurement Standards and Disclosure Requirements (May 3, 2016) [81 FR 35123].

    • Under Basel III, certain banking organizations are subject to public disclosure requirements intended to allow market participants to assess an organization's capital adequacy (Pillar 3).42

    42 Pillar 3 disclosure requirements apply to banking organizations with $50 billion or more in total assets. See Regulatory Capital Rules: Regulatory Capital, Implementation of Basel III, Capital Adequacy, Transition Provisions, Prompt Corrective Action, Standardized Approach for Risk-weighted Assets, Market Discipline and Disclosure Requirements, Advanced Approaches Risk-Based Capital Rule, and Market Risk Capital Rule (Oct. 11, 2013) [78 FR 62018] (Regulatory Capital Rules Release).

    • Large bank holding companies are subject to the FRB's annual comprehensive capital analysis and review (CCAR) and Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) 43 stress testing (DFAST).44 Some bank holding companies subject to these stress testing requirements issue press releases announcing their CCAR and DFAST results and furnish the press releases as Form 8-K exhibits. The FRB generally publishes the CCAR results, and banking organizations' primary bank regulatory agencies generally publish the DFAST results. These results are published both in summary form and on an organization-by-organization basis.

    43 Public Law 111-203, 124 Stat. 1376 (2010).

    44 Banking organizations with $50 billion or more in total consolidated assets are subject to the full scope of these tests. DFAST testing and disclosure requirements are significantly reduced for banking organizations with $10 billion to $50 billion in total consolidated assets. See https://www.federalreserve.gov/newsevents/press/bcreg/20150602a.htm.

    The FRB uses CCAR to assess whether a banking organization has sufficient capital to continue operations in times of economic and financial stress and to ensure that the organization maintains a robust, forward-looking capital planning process that accounts for the unique risks it faces. See http://www.federalreserve.gov/bankinforeg/ccar.htm. The U.S. banking agencies use DFAST to assess whether a banking organization has sufficient capital to absorb losses and support operations during adverse economic conditions. See http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20150602a1.pdf.

    Public Comments on Guide 3

    Over the years, the Commission has continuously evaluated its disclosure system and engaged periodically in rulemakings designed to enhance its disclosure and registration requirements. This request for comment is part of the staff's broad-based review of the Commission's disclosure regime.

    As part of this effort, the staff requested public input generally on how the Commission's disclosure system could be improved for the benefit of both companies and investors,45 and a concept release on the business and financial disclosure requirements in Regulation S-K 46 requests comment on the Commission industry guides.47 Over 30 of the comment letters submitted in response to these requests addressed Guide 3 specifically or Commission industry guides generally.48 Several commenters indicated that the industry guides are helpful and relevant,49 and several commenters recommended that the industry guides be updated.50 Several commenters recommended that the industry guides be revised to eliminate overlap with U.S. GAAP requirements.51 One commenter recommended that the Commission conduct a comprehensive review of the regulatory disclosures applicable to the financial services industry.52 Some commenters suggested that to reduce complexity and redundancy, the staff should consider how U.S. GAAP disclosure requirements interplay with Commission disclosure requirements.53 Some commenters recommended that the industry guides be codified into Regulation S-K or Regulation S-X,54 while other commenters recommended that the guides not be codified.55 Three commenters made specific recommendations on the disclosures called for by Guide 3.56

    45 Comment letters related to this request are available at http://www.sec.gov/spotlight/disclosure-effectiveness.shtml.

    46 Business and Financial Disclosure Required by Regulation S-K, Release No. 33-10064 (Apr. 13, 2016) [81 FR 23915] (Regulation S-K Concept Release).

    47 Comment letters related to the Regulation S-K Concept release are available at https://www.sec.gov/comments/s7-06-16/s70616.htm.

    48See letters from The PNC Financial Services Group (July 14, 2014) (PNC Letter); Tom C.W. Lin (July 30, 2014) (Lin Letter); Global Financial Institutions Accounting Committee of the Securities Industry and Financial Markets Association (Oct. 13, 2014) (SIFMA Letter); Sustainability Accounting Standards Board (Nov. 12, 2014) (SASB Letter); CFA Institute (Nov. 12, 2014) (CFA Institute Letter); Shearman & Sterling LLP (Nov. 26, 2014) (Shearman & Sterling Letter); Disclosure Effectiveness Working Group of the Federal Regulation of Securities Committee and the Law & Accounting Committee of the Business Law Section of the American Bar Association (Mar. 6, 2015) (ABA Letter); Henry T. C. Hu (Oct. 7, 2015) (Hu Letter); Data Transparency Coalition (Oct. 29, 2015) (Data Transparency Coalition Letter); Ernst & Young LLP (Nov. 20, 2015) (EY Letter); Terra Alpha Investments LLC (June 6, 2016) (Terra Alpha Letter); Sustainability Accounting Standards Board (July 1, 2016) (SASB Letter II); US SIF and US SIF Foundation (July 14, 2016) (US SIF Letter); American Bankers Association (July 15, 2016) (American Bankers Association Letter); Deloitte & Touche LLP (July 15, 2016) (Deloitte Letter); U.S. Chamber of Commerce (July 20, 2016) (Chamber Letter); Corporate Governance Coalition for Investor Value (July 20, 2016) (CGCIV Letter); Center for Audit Quality (July 21, 2016) (CAQ Letter); Ernst & Young LLP (July 21, 2016) (EY Letter II); The PNC Financial Services Group (July 21, 2016) (PNC Letter II); KPMG LLP (July 21, 2016); Investment Program Association (July 21, 2016) (Investment Program Association Letter); Committee on Securities Law, Business Law Section, Maryland State Bar Association (July 21, 2016) (Maryland State Bar Letter); PricewaterhouseCoopers LLP (July 21, 2016) (PwC Letter); Crowe Horwath LLP (July 21, 2016) (Crowe Horwath Letter); Allstate Insurance Company (July 21, 2016) (Allstate Letter); Financial Services Roundtable (July 21, 2016) (Financial Services Roundtable Letter); Davis Polk & Wardwell LLP (July 22, 2016) (Davis Polk Letter); Lark Research, Inc. (July 25, 2016 (Lark Research Letter); Shearman & Sterling (August 31, 2016) (Shearman & Sterling Letter II); CFA Institute (Oct. 6, 2016) (CFA Institute Letter II).

    49See, e.g., CFA Institute Letter; CFA Institute Letter II; Maryland State Bar Letter; Shearman & Sterling Letter II.

    50See, e.g., Allstate Letter; American Bankers Association Letter; CAQ Letter; CFA Institute Letter; CFA Institute Letter II; Crowe Horwath Letter; Davis Polk Letter; EY Letter; Financial Services Roundtable Letter; Investment Program Association Letter; PNC Letter II; PwC Letter; Shearman & Sterling Letter; SIFMA Letter.

    51See, e.g., CAQ Letter; Crowe Horwath Letter; EY Letter; KPMG Letter; SIFMA Letter.

    52 SIFMA Letter.

    53See, e.g. CFA Institute Letter; Shearman & Sterling Letter.

    54See, e.g., Crowe Horwath Letter; Davis Polk Letter; EY Letter;

    55See, e.g., Allstate Letter; Investment Program Association Letter; PNC Letter II.

    56 Deloitte Letter (recommending that the Commission consider whether certain investment portfolio, return on equity and assets and short-term borrowings disclosures continue to be informative or useful for investors, and that the Commission consider increasing the threshold that triggers deposits disclosure); Maryland State Bar Letter (recommending that the threshold that triggers deposit disclosure be increased, and that the scaled disclosure requirements in Guide 3 be made available to all smaller reporting companies and emerging growth companies); SIFMA Letter (providing specific recommendations on whether to retain, eliminate or revise each Guide 3 disclosure).

    In this request for comment, we are seeking public input as to whether and in which respects the specific quantitative and qualitative disclosures called for by Guide 3 should be modified. Such disclosures include statistical disclosures that enable investors to compare results of operations among BHC registrants and evaluate exposures to risk. Portions of Guide 3 may call for the same or similar information as called for by U.S. GAAP or other regulatory reporting requirements that are not subject to the Commission's review. We are considering whether our current disclosure regime for BHC registrants continues to elicit the most relevant and important information for investors. To this end, we are seeking to understand better the types of information investors find important and how our current disclosure regime comports with investor expectations as well as industry practice and trends. In addition, we seek to understand to what degree other disclosure regimes, such as those instituted by U.S. banking agencies, may be used by investors.

    We also are considering how Guide 3's disclosures can be most effectively presented from the perspective of both investor protection and promoting efficiency, competition and capital formation.57 We also are interested in learning about any challenges that BHC registrants have faced in preparing and providing the categories of information currently covered by Guide 3.

    57 Section 3(f) of the Exchange Act requires that, whenever the Commission is engaged in rulemaking under the Exchange Act and is required to consider or determine whether an action is necessary or appropriate in the public interest, the Commission shall consider, in addition to the protection of investors, promotion of efficiency, competition and capital formation. Section 2(b) of the Securities Act also sets forth this same requirement. See also Section 23(a)(2) of the Exchange Act.

    Further, we are considering whether disclosures called for by Guide 3 should be applicable to certain other registrants in the financial services industry.

    Request for Comment

    1. Does Guide 3 provide important information for investors about BHC registrants? What is the value to investors of the disclosures currently called for by Guide 3?

    2. Do the disclosures called for by Guide 3 assist investors with comparing financial condition and results of operations across BHC registrants? Do the disclosures help investors evaluate exposures to risk across BHC registrants?

    3. How should the Commission consider the importance of comparability for BHC registrants relative to other industries that do not have defined analytical data or specified disclosures?

    4. Which Guide 3 disclosures, if any, should be codified as Commission rules, and why?

    5. Excluding Commission filings, on what disclosures (e.g., U.S. banking agency regulatory disclosures) do investors most frequently rely in making investment decisions? How do investors use those disclosures in making investment decisions? How do investors use such disclosures to compare results of operations and evaluate exposures to risks?

    6. Should the information from disclosures outside of Commission filings be incorporated into the Commission's disclosure requirements? Why or why not? If incorporated, how should the information be presented to facilitate investors' access to such information?

    7. Should the disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    II. Applicable Disclosures

    In this section, we describe the disclosures currently called for by Guide 3 and other regulatory regimes. Our discussion of U.S. accounting standards and bank regulatory requirements is neither comprehensive nor interpretive, and it emphasizes only current 58 disclosure requirements, some of which will or may change in the future.59 To focus the discussion, this request for comment describes the disclosures applicable to domestic registrants that are not smaller reporting companies 60 or emerging growth companies 61 and that do not provide scaled Guide 3 disclosures.62 We discuss the applicability of these disclosures to foreign registrants, smaller reporting companies, emerging growth companies and smaller bank holding companies in Section III. We also consider whether disclosures beyond or in lieu of those currently applicable would be important for investors.

    58 We refer to U.S. GAAP standards that are effective as of the date of this request for comment as “current” and highlight separately throughout this request for comment standards that have been issued but are not yet effective.

    59 For example, in 2016 the FASB issued two new accounting standards that modify the accounting for and disclosure of financial assets and liabilities. See the discussion of these new standards in Sections 2.B, 2.C and 2.D of this request for comment.

    60 Exchange Act Rule 12b-2 [17 CFR 240.12b-2] defines a smaller reporting company as an issuer that is not an investment company, an asset-backed issuer or a majority-owned subsidiary of a parent that is not a smaller reporting company and that has a public float of less than $75 million. If an issuer has zero public float, it is considered a smaller reporting company if its annual revenues are less than $50 million.

    61 Section 2(a)(19) of the Securities Act defines an emerging growth company as an issuer that had total annual gross revenues of less than $1 billion during its most recently completed fiscal year. It retains that status for five years after its initial public offering unless its revenues are $1 billion or more, it issues more than $1 billion of non-convertible debt during the previous three-year period, or it qualifies as a large accelerated filer as defined in Exchange Act Rule 12b-2.

    62 For bank holding companies with less than $200 million in total assets or less than $10 million of equity, Guide 3 calls for only two years of data, as opposed to three or five years of data, depending on the item, for all other registrants.

    A. Distribution of Assets, Liabilities and Stockholders' Equity; Interest Rate and Interest Differential (Average Balance, Interest and Yield/Rate Analysis and Rate/Volume Analysis) 1. Background

    Net interest income represented more than 64% of total net operating revenue for all FDIC-insured institutions for the first three quarters of 2016.63 Given the significance of net interest income to the results of operations, it is important for investors to understand the reasons for its fluctuations. A BHC registrant's future earnings depend significantly on present and future economic conditions. Changes in interest rates can have a significant impact on a BHC registrant's performance, and that impact may not be evident from analyzing historical results alone.

    63 Unless otherwise indicated, industry-wide percentages used in this request for comment were calculated using information from FDIC Quarterly, which includes data for all FDIC-insured institutions and is available at https://www.fdic.gov/bank/analytical/quarterly/2016_vol10_4/fdic_v10n4_3q16_quarterly.pdf.

    As called for by Guide 3, average balance sheets 64 provide investors with an indication of the balance sheet items that have been most affected by changes in interest rates and an indication of a registrant's ability to move into or out of situations with favorable or unfavorable risk/return characteristics. For example, an average balance sheet may provide an indication of whether a registrant is asset-sensitive or liability-sensitive.65 Liability-sensitive BHC registrants that rely heavily on short-term and other rate-sensitive funding sources may experience significant increases in funding costs in a rising interest rate environment. Such BHC registrants may be unable to offset higher funding costs with higher yielding assets, which could result in an adverse impact on net interest margins.

    64 Section I.A of Guide 3 calls for balance sheets that show the average daily balances of significant categories of assets and liabilities. If the collection of data on a daily average basis, however, would involve unwarranted or undue burden or expense, weekly or month end averages may be used, provided they are representative of the operations of the BHC registrant. The basis used for presenting averages should be disclosed when not presented on a daily average basis.

    65 A liability-sensitive banking organization has a long-term asset maturity and repricing structure, relative to a shorter-term liability structure. For example, a liability-sensitive BHC registrants may have significant exposure to longer-term mortgage-related assets that reprice slowly while relying heavily on rate-sensitive funding sources that reprice more quickly.

    2. Current Guide 3 Disclosures

    Section I.A of Guide 3 calls for balance sheets that show the average daily balances of significant categories of assets and liabilities, including all major categories of interest-earning assets and interest-bearing liabilities.66 Section I.B of Guide 3 calls for disclosure of the:

    66 Section I.A of Guide 3 indicates that major categories of interest-earning assets should include loans, taxable investment securities, non-taxable investment securities, interest-bearing deposits in other banks, federal funds sold, securities purchased with agreements to resell, other short-term investments and other assets. Major categories of interest-bearing liabilities should include savings deposits, other time deposits, short-term debt, long-term debt and other liabilities.

    • Interest earned or paid 67 on the average amount of each major category of interest-earning asset and interest-bearing liability;

    67 The interest earned and interest paid reported on the average balance sheet is based on the amounts reported in the audited financial statements. Under U.S. GAAP, reported interest expense may differ from the cash paid for interest during the period.

    • average yield for each major category of interest-earning asset;

    • average rate paid for each major category of interest-bearing liability;

    • average yield on all interest-earning assets;

    • average effective rate paid on all interest-bearing liabilities; and

    • net yield on interest-earning assets.68

    68 Net yield is net interest earnings divided by total interest-earning assets, with net interest earnings equaling the difference between total interest earned and total interest paid.

    Section I.C of Guide 3 calls for a rate and volume analysis of interest income and interest expense for the last two fiscal years. This analysis should be segregated by each major category of interest-earning asset and interest-bearing liability into amounts attributable to:

    • changes in volume (changes in volume multiplied by the old rate);

    • changes in rates (changes in rates multiplied by the old volume); and

    • changes in rate/volume (changes in rates multiplied by changes in volume).

    3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 prescribes the form and content of consolidated financial statements for bank holding companies and requires presentation of interest income and interest expense separately by type and subtotals of total interest income, interest expense and net interest income on the income statement or in the footnotes to the financial statements.69 In addition, all registrants must discuss their financial condition, changes in financial condition and results of operations in MD&A, including a narrative discussion of the extent to which any material increases are attributable to increases in price or increases in volume. MD&A requires registrants to describe significant components of revenues or expenses that, in the registrant's judgment, should be described in order to understand the results of operations.70 In response to this requirement, some bank holding companies provide an analysis of fluctuations in their interest income and interest expense in MD&A. Another source of income for bank holding companies that may be discussed in MD&A is non-interest income. Because Guide 3 currently does not call for specific disclosures regarding this type of income, we discuss non-interest income in Section H. Potential New Disclosures.

    69 17 CFR 210.9-04. The types of interest income or interest expense include loans, investment securities, trading accounts, deposits, short-term borrowings and long-term debt.

    70 17 CFR 229.303(a)(3).

    Other rule provisions require registrants to provide quantitative and qualitative disclosures about market risk sensitive instruments, both trading and other than trading instruments, that affect their financial condition.71 Interest rate risk generally is a significant market risk exposure for BHC registrants. These disclosures, made in response to Item 305 of Regulation S-K, are intended to provide investors with forward-looking information about a registrant's potential interest rate risk exposure, while the disclosures called for by Item I of Guide 3 focus on the historical effect. Item 305 requires a description of the quantitative impact of market risk and provides flexibility by allowing one or more of the following three disclosure alternatives to be used:

    71 Items 305(a) and 305(b) of Regulation S-K [17 CFR 229.305(a) and 305 (b)]. For purposes of Items 305(a) and 305(b), market risk sensitive instruments include derivative financial instruments, other financial instruments and derivative commodity instruments. Each of these terms is defined in General Instruction 3 to Items 305(a) and 305(b).

    • A tabular presentation of fair value information and contract terms relevant to determining future cash flows, categorized by expected maturity dates.

    • A sensitivity analysis expressing potential loss in future earnings, fair values or cash flows from selected hypothetical changes in market rates and prices.

    • Value at risk (VaR) disclosures expressing potential loss in future earnings, fair values or cash flows from market movements over a selected period of time with a selected likelihood of occurrence.

    Item 305 of Regulation S-K addresses risks arising from changes in interest rates, foreign currency exchange rates, commodity prices, equity prices and other market changes that affect market risk sensitive instruments and was designed to strike a balance between comparability and flexibility of market risk disclosures by prescribing these alternatives without stipulating standardized methods or procedures specifying how to comply with each alternative.72 Registrants may choose which methods, model characteristics, assumptions and parameters they use in complying with the item, and registrants may use more than one disclosure alternative across each market risk exposure category.73 Consequently, investors may be unable to compare one registrant to another. The staff has observed that large bank holding companies generally elect to use a combination of disclosure alternatives to present different market risk sensitive instruments. An example of how a bank holding company may use multiple disclosure alternatives for its Item 305 disclosures is to use VaR to quantify market risks for its entire trading portfolio while using a sensitivity analysis to quantify interest rate risk for the other than trading portfolio. Registrants must describe the disclosure alternative or alternatives they select to assist investors with evaluating the potential effect of variations in a model's characteristics and assumptions. One consequence of the disclosure alternative approach used in Item 305 is that registrants may provide disclosure using alternatives that differ from the methods they actually use to manage, evaluate and monitor market risk. Commenters have suggested that management's views about market risk and risk management activities, rather than one of the three prescribed methods, represent the most relevant information for investors.74 However, when Item 305 was adopted, the Commission believed that a presentation of market risk using a management approach outside of the framework articulated in Item 305 could make it difficult for investors to assess market risk across registrants.75

    72See Disclosure of Market Risk Sensitive Instruments Release.

    73 Market risk exposure categories include interest rate risk, foreign currency exchange rate risk, commodity price risk and other relevant market risks.

    74See, e.g., CAQ Letter and KPMG Letter.

    75 The Commission noted that, in adopting Item 305, it sought to strike a balance between the views of commenters seeking a “management approach” and those supporting a more consistent reporting framework for the sake of comparability. See Disclosure of Market Risk Sensitive Instruments Release.

    During the last five years, other regulatory agencies and the private sector have given increased attention to market risk disclosures. For example, in 2012 the Financial Stability Board's Enhanced Disclosure Task Force (EDTF), a private sector group composed of members representing users and preparers of financial reports, recommended that banking organizations provide information that facilitates users' understanding of the linkages between line items in the balance sheet and income statement with positions included in the market risk disclosures. The EDTF report included 32 recommendations for improving bank risk disclosures in the areas of report usability, risk governance and risk management, capital adequacy, liquidity and funding, market risk, credit risk and other risks.

    In addition, the BCBS has focused on whether banking organizations have sufficient capital to cover possible losses due to interest rate changes.76 According to the BCBS, adverse movements in interest rates can pose a significant threat to a bank's current capital base and/or future earnings. However, U.S. GAAP does not require a presentation or disclosure of net interest earnings or average balance sheets. Nearly five years ago, the FASB proposed the following standardized quantitative interest rate risk disclosures:

    76See Interest rate risk in the banking book (April 2016), available at https://www.bis.org/bcbs/publ/d368.pdf.

    • The carrying amount of classes of financial assets and liabilities segregated according to time intervals based on the contractual repricing of the financial instruments;

    • the weighted-average contractual yield by class of financial instrument and time interval as well as the duration for each class of financial instrument;

    • an interest rate sensitivity table showing the effects on net income and shareholders' equity of specified hypothetical, instantaneous shifts of interest rate curves as of the measurement date;

    • a discussion of the significant changes and reasons for those changes related to the timing and amounts of financial assets and liabilities in the tabular disclosures from the last reporting period to the current reporting period along with any action taken to manage the exposure related to the changes; and

    • additional qualitative or narrative disclosure, as necessary, for understanding of exposure to interest rate risk.77

    77 The proposed disclosures would have applied only to entities or reportable segments for which the primary business activity is to (i) earn, as a primary source of income, the difference between interest income generated by earning assets and interest paid on borrowed funds or (ii) provide insurance. See Proposed Accounting Standards Update—Financial Instruments (Topic 825): Disclosure About Liquidity Risk and Interest Rate Risk (Jun. 27, 2012) (FASB Interest Rate Risk Exposure Draft), available at www.fasb.org.

    During the FASB Exposure Draft's development, the FASB received feedback from users 78 that it was imperative that liquidity and interest rate disclosures be comparable and that standardized quantitative disclosures provide more decision-useful information than non-standardized disclosures. Although initiated, in part, as a response to these comments, the majority of respondents to the FASB Exposure Draft, 84% of whom were preparers, did not support the proposed disclosures. Most respondents stated that standardizing information about interest rate risk would not be achieved by the proposals. Some commenters questioned whether standardization was an appropriate objective and whether it could ever be achieved.79 The liquidity risk and interest rate risk project was last updated in November 2012 and is not on the FASB's active standard-setting agenda.

    78See Accounting for Financial Instruments Disclosures About Liquidity Risk and Interest Rate Risk Comment Letter Summary, available at http://www.fasb.org/cs/ContentServer?c=Document_C&pagename=FASB%2FDocument_C%2FDocumentPage&cid=1176160500931.

    79 For example, respondents noted that expected maturity requires estimates from each entity's asset and loan portfolios, such as prepayment rates relating to the expected behavior of the counterparty, and that the underlying assumptions made for each of those estimates will not be consistent among entities.

    ii. Information Available Outside of SEC Filings

    Banking organizations must report segregated information about interest income and interest expense and quarterly averages of certain balance sheet items in their Call Reports.80 While banking organizations are not required to report all balance sheet line items or subtotals of interest-earning assets and interest-bearing liabilities, the Call Report categories for reporting interest income, interest expense and quarterly averages are more disaggregated than what is called for by Guide 3.

    80 Interest income, interest expense and quarterly averages are segregated by the following: Type of loan, type of security, trading assets/liabilities, federal funds sold/purchased and securities purchased/sold under agreements to resell/repurchase, deposits by location and category, subordinated notes and debentures and other. See Call Report Schedules RC-1, Income Statement and RC-K, Quarterly Averages.

    Request for Comment

    8. Do the distribution of (i) assets, liabilities and stockholders' equity; (ii) interest rates and (iii) interest differential disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    9. Do Commission rules or U.S. GAAP require the same or similar information on the distribution of (i) assets, liabilities and stockholders' equity; (ii) interest rates and (iii) interest differential disclosures as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    10. What improvements could we make to the disclosures called for by Section I of Guide 3? For example, should we require disclosure about how BHC registrants present the effects of hedging of interest rate risk? Should we consider enhancing quantitative interest-rate risk disclosures? If so, what guidance, if any, should we provide to BHC registrants about the presentation?

    11. Are there additional interest income and interest expense disclosures that would be important for investors that we should consider? In suggesting additional disclosures, please indicate whether BHC registrants would face any challenges in preparing and providing them. Please describe specifically the evidentiary basis for your knowledge of the challenges faced by BHC registrants in providing such disclosures. In your response, please assess the benefits of such disclosures to investors against the regulatory burdens to BHC registrants.

    12. Recognizing the differences between more prescriptive and standardized disclosure requirements, which allow for more comparability, and more principles-based disclosure requirements, which allow registrants to provide disclosures more closely aligned with how their business is managed, would more prescriptive and standardized disclosures about market risks for BHC registrants beyond those called for by Item 305 of Regulation S-K be important for investors? If so, how should we revise our current disclosures? For example, should we limit the disclosure alternatives or assumptions these BHC registrants can use by market risk and/or trading versus other than trading portfolios in Item 305?

    13. Alternatively, should we eliminate the prescribed market risk disclosure alternatives in Item 305 for BHC registrants and instead require them to provide market risk disclosures based on the methods they actually use to manage risk? Does the benefit of providing disclosure about the way management assesses market risk outweigh any lack of comparability of these disclosures across BHC registrants for an investor?

    14. Should we require any of the interest rate risk disclosures proposed in the FASB's 2012 Exposure Draft in our filings? If so, which ones, and why?

    15. Should we revise our market risk disclosures for BHC registrants to better align the disclosures to the financial statements, capital adequacy or other metrics? If so, what revisions should we consider and why?

    16. Should we consider requiring that the distribution of (i) assets, liabilities and stockholders' equity; (ii) interest rates and (iii) interest differential disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    17. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    18. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    19. Should we require disclosure of the interest income and expense information provided in Call Reports or other regulatory filings? If so, what information and why?

    20. Should the distribution of (i) assets, liabilities and stockholders' equity; (ii) interest rates and (iii) interest differential disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    B. Investment Portfolio 1. Background

    The investment portfolio typically is an important component of BHC registrants' total assets. Due to a recent trend of deposits outpacing lending,81 investment portfolios have expanded in recent years and now represent a much greater percentage of the total assets of FDIC-insured institutions.82 In addition, compliance with the LCR requirements may require some large, internationally active banking organizations to alter the mix of assets in their investment portfolios or revise their investment strategies so as to maintain sufficient amounts of investments that meet the definition of “high-quality liquid assets.” 83 At September 30, 2016, investment securities constituted nearly 21% of the total assets of all FDIC-insured institutions.84

    81See, e.g., Shrinking Loan-to-Deposit Ratios Remain Cause for Concern Among Banks, Forbes (Mar. 10, 2015).

    82 According to the Aggregate Condition and Income Data for all FDIC-Insured Institutions, Table II-A., in the FDIC Quarterly, investment securities accounted for 15% of total assets as of December 31, 2007. This report is available at https://www5.fdic.gov/qbp/2007dec/qbp.pdf.

    83See LCR Adopting Release and the discussion of concerns raised with respect to assets that would qualify as high-quality liquid assets.

    84See FDIC Quarterly.

    Banking organizations typically use their investment portfolios to provide balance sheet liquidity, to generate income and to engage in risk management and market-making. U.S. GAAP currently classifies investment securities into three categories: Trading securities, held-to-maturity (HTM) securities and available-for-sale (AFS) securities.85 Trading securities include securities acquired for the purpose of selling them within hours or days and securities for which this category has been elected. HTM securities are limited to securities that a registrant has the positive intent and ability to hold to maturity. Securities not classified as trading or HTM are classified as AFS securities. Both trading and AFS securities are measured at fair value on the balance sheet, whereas HTM securities are measured at amortized cost.

    85 ASC 320-10-25-1.

    In 2016, the FASB issued two new accounting standards for financial instruments.86 ASU 2016-01 will change the accounting guidance for equity investments, but does not affect the recognition and initial measurement of investments in debt securities.87 This guidance is effective for registrants in fiscal years beginning after December 15, 2017. ASU 2016-13 will change the impairment model for most financial assets accounted for at amortized cost, including HTM debt securities, and also makes certain changes to the recognition of impairment for AFS securities.88 This guidance is effective for registrants in fiscal years beginning after December 15, 2019 or fiscal years beginning after December 15, 2018 if early adoption is elected. Both ASU 2016-01 and ASU 2016-13 also will change U.S. GAAP disclosure requirements for investment securities.89

    86 Accounting Standards Update 2016-01, Financial Instruments—Overall (Subtopic 825-10): Recognition and Measurement of Financial Assets and Liabilities (ASU 2016-01).

    Accounting Standards Update 2016-13, Financial Instruments—Credit Losses (Topic 326): Measurement of Credit Losses on Financial Instruments (ASU 2016-13).

    87 Equity investments that have readily determinable fair values (except those accounted for under the equity method of accounting or those that result in consolidation of the investee) will be measured at fair value with changes in fair value recognized in net income. This eliminates the ability to classify equity securities as AFS and the reporting of unrealized holding gains and losses in other comprehensive income. Equity investments that do not have readily determinable fair values will no longer be accounted for using the cost method. Instead, an entity can elect to either measure these equity investments at fair value with unrealized holding gains and losses in earnings or choose a measurement alternative. There will also no longer be an assessment of whether an impairment loss is “other than temporary” for these investments.

    88 U.S. GAAP currently requires a two-step process to measure other-than-temporary impairment (OTTI) for HTM and AFS investment securities. When OTTI is recognized, it is reflected as a direct reduction of the amortized cost basis of the investment. The new standard will require an allowance for credit losses for these debt securities instead of a direct reduction. The allowance for credit losses for HTM securities will be based on the same expected credit loss model applied to loans. There will also be an allowance for credit losses for AFS debt securities, but it will be measured in a manner similar to OTTI under current U.S. GAAP.

    89 The U.S. GAAP standards differ significantly from the International Financial Reporting Standard (IFRS) as issued by the International Accounting Standard Board (IASB) model, IFRS 9, Financial Instruments, as described in Section III.B.

    Guide 3 investment portfolio disclosures provide investors with insight into the types of investments a BHC registrant holds, the earnings potential of those investments and their risk characteristics. For example, the weighted average yield for a category of securities allows investors to calculate estimated future earnings potential for that category of securities. Disclosures about significant amounts of investments in one or a small number of issuers also alert investors to concentration risks.

    2. Current Guide 3 Disclosures

    Section II.A of Guide 3 calls for disclosure of the book value of investments by specified category as of the end of each reported period. Section II.B calls for a maturity analysis for each category of investments as of the end of the latest reported period, as well as the weighted average yield for each range of maturities.90 When the aggregate book value of securities from a single issuer exceeds 10% of stockholders' equity as of the end of the latest reported period, Section II.C calls for disclosure of the name of the issuer and the aggregate book value and aggregate market value of those securities.

    90 The ranges of maturities are securities due (1) in one year or less, (2) between one and five years, (3) between five and ten years, and (4) after ten years.

    3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 requires disclosure of investment securities either on the balance sheet or in the footnotes to the financial statements. Article 9 also currently requires footnote disclosure of the carrying value and market value of securities by specified category, while Guide 3 calls for disclosure of book value.91

    91 17 CFR 210.9-03. The investment categories specified by Article 9 are the same as those specified by Guide 3. In July 2016, the Commission proposed to amend certain of its disclosure requirements, including Article 9, that may have become redundant, duplicative, overlapping, outdated, or superseded, in light of other Commission disclosure requirements, U.S. GAAP, IFRS, or changes in the information environment. Specifically, the investment securities disclosure in Article 9 was proposed for elimination. See Disclosure Update and Simplification, Release No. 33-10110 (July 13, 2016) [81 FR 51607] (Disclosure Update and Simplification Release).

    Accounting standards have similar disclosure requirements, although the disclosures required by U.S. GAAP are more extensive than those required by Guide 3.92 For example, U.S. GAAP currently requires the following disclosures for AFS securities by major security type: 93

    92See ASC 320-10-50.

    93 ASC 320-10-50-1B notes that major security types should be based on the nature and risks of the security and that an entity should consider all of the following when considering whether disclosure for a particular security type is necessary: (a) Shared activity or business sector, (b) vintage, (c) geographic concentration, (d) credit quality, and (e) economic characteristics. ASC 942-320-50-2 defines nine security types that entities within its scope must present in their investment disclosures and the list is more granular than the Guide 3 categories.

    • Amortized cost basis;

    • aggregate fair value;

    • total other-than-temporary impairment (OTTI) recognized in accumulated other comprehensive income (AOCI);

    • total gains for securities with net gains in AOCI;

    • total losses for securities with net losses in AOCI; and

    • information about the contractual maturities as of the date of the most recent balance sheet presented.94

    94 ASC 320-10-50-2. These disclosures will no longer be required for equity securities upon the effectiveness of ASU 2016-01 as equity securities that have readily determinable fair values (except those accounted for under the equity method of accounting or those that result in consolidation of the investee) will be measured at fair value with changes in fair value recognized in net income.

    U.S. GAAP requires similar disclosures for HTM securities, except that gross unrecognized holding gains and losses also must be disclosed.95 U.S. GAAP also requires a maturity analysis of both AFS and HTM securities, but it does not require disclosure of weighted average yields.96 ASU 2016-13, when effective for registrants in fiscal years after December 15, 2019, will not significantly change the disclosure requirements described above, except that it will require disclosure of the allowance for credit losses rather than OTTI.

    95 ASC 320-10-50.

    96Id.

    U.S. GAAP also requires disclosures related to asset quality and impairment of investment securities.97 For example, registrants must disclose the aggregate fair value of investments with unrealized losses and the amount of those losses, segregated by those that have been in a continuous unrealized loss position for 12 months or longer and those that have not, as well as qualitative and quantitative information about impairments. When registrants conclude that it is not necessary to record OTTI for these investment securities, U.S. GAAP requires that they describe the factors considered in reaching that conclusion.98 When OTTI is recorded in earnings, registrants must disclose the methodology and significant inputs they used to measure the credit loss and include a roll-forward 99 of the amount of credit losses recognized in earnings. When ASU 2016-13 becomes effective, the credit quality and impairment disclosures described above will continue to apply to AFS securities, but not HTM securities. Instead, the credit quality and allowance for credit losses disclosures discussed below in Sections C.3 and D.3 will apply to HTM securities.100

    97Id.

    98 OTTI is considered to have occurred if (a) an entity intends to sell an impaired security, (b) it is more likely than not that an entity will be required to sell an impaired security before the recovery of its amortized cost basis, or (c) a credit loss is determined to have occurred based on an analysis of the present value of expected cash flows. ASC 320-10-35.

    99 A “roll-forward” is a reconciliation of beginning of period and end of period line item balances.

    100See ASU 2016-13. The new standard still requires a roll-forward of credit losses for HTM securities and a discussion of how the allowance for credit losses was determined. The new standard also includes prescriptive disclosure requirements for loans that do not apply to HTM securities. For example, a registrant is not required to present credit quality indicators for HTM securities by year of origination.

    U.S. GAAP also requires disclosures about fair value measurements for securities measured at or written-down to fair value.101 These disclosures include the valuation techniques and inputs used to develop the fair value measurements, the observability of the inputs used, quantitative information about significant unobservable inputs and the effect of those fair value measurements using significant unobservable inputs on earnings or other comprehensive income for the period.

    101 ASC 820-10-50.

    The Division staff has observed that some BHC registrants discuss the composition of and fluctuations in their investment portfolio in MD&A.102 These BHC registrants also discuss critical accounting estimates 103 related to their investment portfolios in MD&A, which may include fair value measurements and the determination of OTTI.104

    102 Item 303 of Reg. S-K requires registrants to discuss their financial condition and material changes in financial condition. It also requires a description of internal and external sources of liquidity, and any material unused sources of liquid assets.

    103 In the Interpretive Guidance on MD&A, the Commission reminded registrants that they should address the material implications of uncertainties associated with the methods, assumptions and estimates underlying their critical accounting measurements.

    104See Staff Accounting Bulletin Topic 5:M—Other Than Temporary Impairment of Certain Investments in Equity Securities. The OTTI guidance for equity securities will no longer apply when ASU 2016-01 is adopted.

    Some BHC registrants, especially the largest ones, often publish and furnish in a current report on Form 8-K supplements to their earnings releases that provide detailed information about the investment portfolio not required by U.S. GAAP, including information about the duration of the portfolio, management's investment strategy or how new regulations may affect the portfolio. Some BHC registrants also provide detailed information about credit ratings or the valuation of specific investments that may be at risk of impairment or were impaired during the period.

    ii. Information Available Outside of SEC Filings

    Banking organizations are required to report the amortized cost and fair value of both HTM and AFS securities by security type in Call Reports.105 Banking organizations also report maturity and repricing data for debt securities and the amounts of income and loss recognized during the period.106 Banking organizations must also report regulatory capital components and ratios, including the categorization of investment securities by risk weights in Call Reports.107

    105 Call Report Schedule RC-B, Securities, identifies more security types than Guide 3.

    106 Banking organizations may omit the maturity and repricing data for certain branches or subsidiaries located in foreign countries in Call Report Schedule RC-B. A banking organization may exclude its foreign branches or subsidiaries if the assets of the excluded locations combined do not exceed 50% of its total assets in foreign countries and 10% of its total consolidated assets.

    107 Banking organization's assets and off-balance sheet exposures are risk-weighted based on the assigned categories of risk. Call Report Schedule RC-R, Regulatory Capital.

    In addition, Pillar 3 disclosures require information about how banking organizations measure credit and market risks in their investment portfolios, along with the associated risk weights of investment portfolio assets.108 For example, they must quantify the credit risk exposure of their investment portfolio.

    108See Regulatory Capital Rules Release, Section XI, Market Discipline and Disclosure Requirements.

    Request for Comment

    21. Do the investment portfolio disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    22. Do Commission rules or U.S. GAAP require the same or similar investment portfolio information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    23. What improvements to the existing investment portfolio disclosures should we consider that would assist investors in making investment and voting decisions? For example, should investment securities that are measured at fair value with changes in fair value recorded in earnings, such as trading securities, fall within the scope of our investment portfolio disclosures? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    24. To promote comparability and consistency of investment portfolio disclosures, should we specify the investment categories that BHC registrants must present when providing their investment portfolio disclosures? 109 Why or why not? If so, which investment categories should we specify?

    109 While most accounting standards include guidance about disaggregation, the requirements are principles-based instead of prescriptive.

    25. While investors do not have experience with the disclosures that will be required by ASU 2016-13, is there information about HTM securities and impairment that would be important for investors under an expected credit loss model? If so, please indicate which information and indicate whether BHC registrants would face any challenges in preparing and providing the information.

    26. In addition, is there information about AFS securities that would be important for investors when impairment is reflected through an allowance for credit losses instead of OTTI? If so, please indicate which information and whether BHC registrants would face any challenges in preparing and providing the information. For example, upon adoption of ASU 2016-13, should we require disaggregation of the AFS securities allowance for credit losses roll-forward by security type?

    27. Should we consider requiring that the investment portfolio disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    28. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    29. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    30. Should we require disclosure of the investment information provided in Call Reports or other regulatory filings? If so, what information and why?

    31. Should the investment portfolio disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    C. Loan Portfolio 1. Background

    Loans 110 often constitute a banking organization's most significant assets and generate a significant portion of revenues. At September 30, 2016, total loans and leases constituted 55% of total assets of all FDIC-insured institutions.111 Loan portfolio compositions differ considerably because lending activities are influenced by many factors, including the type of banking organization, management's objectives and philosophies about diversification and credit risk management, the availability of funds, credit demand, interest-rate margins and regulations. A banking organization's loan portfolio may consist of consumer loans, such as residential real estate, credit card and auto loans, as well as commercial loans, such as commercial real estate loans, lease financings and wholesale loans.112 Different types of loans have different risk characteristics. For example, commercial loans tend to have shorter maturities than residential real estate loans and are more likely to have balloon payments at maturity. Further, the composition of a particular banking organization's loan portfolio may vary substantially over time due to factors such as changes in regulations or management philosophies. For example, if management expects interest rates to rise, it may seek to increase the banking organization's offerings of variable-rate mortgages.

    110 In this request for comment we use the terms “loans” or “loan portfolio” when we refer to Commission rules or U.S. banking reporting requirements. The loan portfolio for a registrant may also include receivables and leases. Receivables and leases, however, generally do not represent a significant portion of the total loan portfolio.

    111See FDIC Quarterly.

    112 Wholesale banking is often used as a term to refer to the wide range of services that banking organizations provide to various corporations and businesses, as well as to government entities.

    To address risks related to the loan portfolio and the allowance for loan losses,113 the Commission issued Accounting Series Release No. 166 114 in 1975, which was the precursor to Guide 3's loan portfolio and loan loss experience disclosures. Among other things, ASR No. 166 provided for the disclosure of information necessary to enable investors to understand the nature and the status of loan portfolios, including a breakdown sufficient to provide investors with insight into investment policies, lending practices and portfolio concentrations. The release also called for consideration of expanded disclosures when loans considered doubtful as to collectability have materially increased, or there have been large increases in delinquent loans, or in loans extended or renegotiated under adverse conditions.

    113 We discuss allowance for loan losses disclosures in Section II.D of this request for comment.

    114 Accounting Series Release No. 166—Disclosure of Unusual Risks and Uncertainties, Release No. 33-5551 (Jan. 15, 1975) [40 FR 2678].

    In 2010, the FASB issued updated disclosure guidance that greatly expanded the loan credit quality disclosures required by U.S. GAAP.115 Loan portfolio disclosures provide investors with information about the types of lending in which a registrant engages, and one objective of the FASB's amendments was to increase the transparency of the nature of credit risk inherent in the loan portfolio.116 Further, disclosures of trends in early stage delinquencies can be an early-warning indicator of deteriorating credit quality.

    115 Accounting Standards Update 2010-20, Disclosures about the Credit Quality of Financing Receivables and the Allowance for Credit Losses. (ASU 2010-20).

    116Id.

    2. Current Guide 3 Disclosures

    Section III.A of Guide 3 calls for disclosure of the amount of loans in each specified category 117 as of the end of each period.

    117 The specified categories are, for domestic loans: (1) Commercial, financial and agricultural, (2) real estate—construction, (3) real estate—mortgage, (4) installment loans to individuals, and (5) lease financing, and for foreign loans: (6) Governments and official institutions, (7) banks and other financial institutions, (8) commercial and industrial, and (9) other. The loan categories specified in Guide 3 originally conformed to those required in Call Reports but were changed when Guide 3 was amended in 1980 to conform to the loan categories set forth in Article 9. 1980 Guide 3 Amendments Release.

    Section III.B calls for a maturity analysis 118 for each category of loans as of the end of the latest reported period and a separate presentation of all loans due after one year with fixed interest rates versus those with floating or adjustable interest rates.

    118 The range of maturities are loans due (1) in one year or less, (2) between one and five years, (3) between five and ten years, and (4) after ten years. This information need not be presented for mortgage real estate loans, installment loans to individuals and lease financing. Foreign loan categories may be aggregated.

    Section III.C.1 calls for disclosure of the aggregate amount of domestic and foreign 119 loans in each of the following categories:

    119 Instruction 7 of Guide 3 clarifies that foreign data need not be presented if the registrant is not required to make separate disclosures concerning its foreign activities pursuant to the test set forth in Rule 9-05 of Regulation S-X.

    • Loans accounted for on a nonaccrual basis; 120

    120 The term “nonaccrual” is not defined in U.S. GAAP or Commission rules. Call Report instructions, however, generally require an asset to be reported as nonaccrual if: (1) It is maintained on a cash basis because of deterioration in the financial condition of the borrower, (2) payment in full of principal or interest is not expected, or (3) principal or interest has been in default for a period of 90 days or more unless the asset is both well secured and in the process of collection. Certain loans, such as consumer loans and purchased credit-impaired loans, are not placed on nonaccrual status as discussed in the nonaccrual definitions section of Call Report Schedule RC-N-2. Guide 3 also calls for and U.S. GAAP also requires disclosure of the nonaccrual policy.

    • loans accruing but contractually past due 90 days or more as to principal or interest payments; and

    • loans classified as troubled debt restructurings (TDRs) 121 that are not otherwise disclosed as being on nonaccrual status or past due 90 days or more.122

    121 Under U.S. GAAP, a restructuring of a debt is a TDR if the creditor, for economic or legal reasons related to the debtor's financial difficulties, grants a concession to the debtor that it would not otherwise consider.

    122 Guide 3 originally called for disclosure of nonperforming loans and a discussion of the risk elements associated with those loans for which there were serious doubts as to the ability of the borrowers to comply with the present loan payment terms. The current Section III.C.1 disclosures reflect amendments made in 1980 and 1983 to promote consistency with bank regulatory disclosure requirements and comparability among registrants. 1980 Guide 3 Amendments Release; 1983 Guide 3 Revisions Release.

    Section III.C.2 calls for descriptions of the nature and extent of any potential problem loans 123 at the end of the most recent reported period and the policy for placing loans on nonaccrual status. The instructions to Section III.C.2 call for disclosure of the foregone interest income and recognized interest income for nonaccrual loans and TDRs during the period.

    123 Potential problem loans are loans not disclosed pursuant to Item III.C.1, but where known information about possible credit problems of borrowers (which are not related to transfer risk inherent in cross-border lending activities) causes management to have serious doubts as to the ability of the borrowers to comply with the present loan repayment terms and which may result in disclosure of the loans pursuant to Item III.C.1.

    If material amounts of the loans described in these sections are outstanding to borrowers in any foreign country, Guide 3 states that each country should be identified and that the amounts outstanding should be quantified.124

    124 For purposes of determining the amount of outstandings to be reported, loans made to or deposits placed with a branch of a foreign bank located outside the foreign bank's home country should be considered as loans to or deposits with the foreign bank.

    Section III.C.3 calls for disclosure of the aggregate amount of cross-border outstandings 125 to borrowers in each foreign country where they exceed 1% of total assets.126 These disclosures should be provided by category of foreign borrower specified in Section III.A. Where current conditions in a foreign country give rise to liquidity problems that are expected to have a material impact on the timely repayment of principal or interest on the country's private or public sector debt, Guide 3 calls for:

    125 Cross-border outstandings are defined as loans (including accrued interest), acceptances, interest-bearing deposits with other banks, other interest-bearing investments and any other monetary assets which are denominated in dollars or other nonlocal currency. The foreign outstandings disclosure was added in 1983 to consolidate all risk-related disclosure guidelines in one section of Guide 3 and to emphasize the risks present in cross-border lending activities. See 1983 Guide 3 Revisions Release.

    126 For countries whose outstandings are between 0.75% and 1% of total assets, the names of the countries and the aggregate amount of outstandings attributable to them should be disclosed.

    • A description of the nature and impact of the developments;

    • an analysis of the changes in aggregate outstandings to borrowers in each country for the most recent reported period;

    • quantitative information about interest income and interest collected during the most recent period; and

    • quantitative information about any outstandings that may be subject to a restructuring.

    Section III.C.4 calls for disclosure as of the end of the most recent reported period of any concentration of loans exceeding 10% of total loans not otherwise disclosed as a category of loans pursuant to Section III.A.127

    127 Loan concentrations are considered to exist when there are amounts loaned to multiple borrowers engaged in similar activities which would cause them to be similarly affected by economic or other conditions. For example, loans may be concentrated in a specific industry, such as the energy sector, that exceed the 10% threshold.

    Section III.D calls for disclosure as of the end of the most recent reported period of the nature and amounts of any other interest-bearing assets that would be disclosed under Section III.C.1 or III.C.2 if those assets were loans.

    3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 requires separate disclosure of total loans and unearned income on the balance sheet or in the footnotes for the same loan categories specified in Guide 3.128 Similar to Guide 3, Article 9 allows bank holding companies latitude in determining loan categories.129 Article 9 also requires disclosures about loans made to certain related parties and the aggregate amount of those loans that are disclosed as nonaccrual, past due, restructured or potential problem loans.130

    128 17 CFR 210.9-03.

    129 The instructions to Section III.A of Guide 3 and Item 7(b) of Rule 9-03 state that “[a] series of categories other than those specified above may be used to present details of loans if considered a more appropriate presentation.” The staff has observed that bank holding companies commonly provide the Guide 3 and Article 9 loan disclosures by “class of financing receivables” as defined by U.S. GAAP instead of the specified Guide 3 and Article 9 loan categories.

    130 Item 7(e) of Rule 9-03. Related parties include directors, executive officers, principal equity holders and associates of those persons.

    U.S. GAAP and Guide 3 have some similar loan presentation and disclosure standards. U.S. GAAP requires major categories of loans to be presented separately either on the balance sheet or in the financial statement footnotes.131 Although U.S. GAAP does not specify loan categories, it does require that qualitative and quantitative credit quality information be provided for each class of financing receivable,132 except loans measured at fair value, under the fair value option, and loans held for sale measured at lower of cost or fair value. These disclosures include:

    131 ASC 310-10-45-2.

    132 U.S. GAAP uses the term “financing receivable,” and a loan is considered a type of financing receivable. A class of financing receivable is defined as a group of financing receivables determined on the basis of all of the following: (a) Initial measurement attribute (for example, amortized cost), (b) risk characteristics of the financing receivable, and (c) an entity's method for monitoring and assessing credit risk.

    • A description of each credit quality indicator; 133

    133 A credit quality indicator is defined as a statistic about the credit quality of financing receivables.

    • the recorded investment in financing receivables by credit quality indicator; and

    • the date or range of dates in which information was updated for each credit quality indicator.134

    134 ASC 310-10-50.

    Currently and after implementation of ASU 2016-13, U.S. GAAP requires disclosure, by class of financing receivable, of the same information as specified in Sections III.C.1(a) and (b) of Guide 3 and an aging analysis of past due financing receivables. ASU 2016-13 will increase the credit quality-related disclosures for loans. For example, it will require registrants to present credit quality indicator disclosures by year of origination and require additional disclosures about loans on nonaccrual status. The disclosures about loans on nonaccrual status will include the amortized cost basis at both the beginning and end of the reporting period and the amortized cost basis for those nonaccrual loans without a related allowance for credit losses. In addition, disclosures will be required by class of financing receivable about collateral-dependent loans and the collateral that secures them.135

    135 The disclosures required for collateral-dependent financial assets include descriptions of (1) the type of collateral, (2) the extent to which collateral secures the asset, and (3) significant changes in the extent to which collateral secures the asset, whether because of general deterioration or some other reason.

    In addition, both Guide 3 and U.S. GAAP, now and after the adoption of ASU 2016-13, call for disclosure of the following accounting policies:

    • Placing financing receivables on nonaccrual status;

    • recording payments received on nonaccrual financing receivables;

    • resuming accrual of interest; and

    • determining past due or delinquency status for each class of financing receivable.136

    136 ASC 310-10-50.

    Currently, U.S. GAAP also requires the following disclosures, by class of financing receivable, for impaired loans: 137

    137 See ASC 310-10-35-13 for the scope of loans evaluated individually for impairment. A loan is impaired when, based on current information and events, it is probable that a creditor will be unable to collect all amounts due according to the contractual terms of the loan agreement. TDRs are also considered impaired loans in accordance with ASC 310-40-35-10 but are not required to be included in the impaired loan disclosures in years after the restructuring as long as the criteria in ASC 310-40-50-2 are met.

    • The accounting policy for recognizing interest income, including how cash receipts are recorded;

    • the accounting policy for determining which loans are individually assessed for impairment and the factors considered in determining that a loan is impaired;

    • as of each balance sheet date, the recorded investment segregated by the amount for which there is a related allowance versus the amount for which there is no related allowance, and the total unpaid principal balance of impaired loans; and

    • for each period, the average recorded investment in impaired loans, the amount of interest income recognized while the loans were impaired and, if practicable, the amount of interest income recognized using a cash-basis method of accounting.138

    138 ASC 310-10-50. For the cash-basis method of accounting, income is recognized only when the interest payment is received.

    ASU 2016-13 will eliminate the impaired loan concept and the above related disclosures.139

    139 We discuss the ASU 2016-13 changes to the allowance and related disclosures in Section II.D below.

    U.S. GAAP also requires qualitative and quantitative information, by class of financing receivable, about TDRs for each period for which an income statement is presented. For example, for TDRs occurring during the period, registrants must disclose how the financing receivables were modified and the financial effects of the modifications. In addition, for TDRs that were completed within the previous 12 months and subsequently have payment defaults during the reporting periods, registrants must disclose the types and amounts of financing receivables that defaulted.140 Registrants also must disclose the amount of commitments, if any, to lend additional funds related to a TDR.141 In contrast, Guide 3 does not call for disclosures specific to TDR activity during the period, but calls for disclosure of the total balance of TDRs as of the end of the period. U.S. GAAP also requires specific disclosures about loans acquired with deteriorated credit quality 142 for each balance sheet presented.143

    140 ASC 310-10-50.

    141 ASC 310-40-50.

    142 ASC 310-30-20. These are loans that were acquired with evidence of deteriorated credit quality since their origination and for which it was probable, at acquisition, that the acquirer would be unable to collect all contractually required payments. Because these loans are identified as having credit risk at the time of acquisition, the accounting treatment is different than for newly originated loans. Any cash flows in excess of those expected at acquisition are recognized as interest income on a level-yield basis over the life of the loan.

    143 ASC 310-30-50 requires the following disclosures: Outstanding balance and related carrying amount of the loans at the beginning and end of the period; the amount of accretable yield at the beginning and end of the period, reconciled for additions, accretion, disposals of loans and reclassifications to/from nonaccretable difference during the period; for loans acquired during the period, the contractually required payments receivable, cash flows expected to be collected and fair value at the acquisition date; and the carrying amount as of acquisition date and at end of period of loans acquired with deteriorated credit quality for which income is not being recognized because the timing and amount of cash flows expected to be collected cannot be reasonably estimated.

    ASU 2016-13 revises these disclosures to require a reconciliation of the difference between the purchase price of these loans and the par value of the assets and removes the requirements described above.

    The Division staff has observed that bank holding companies often discuss their loan portfolios and focus on changes in portfolio composition, delinquencies and nonperforming or restructured loans in the results of operations section of MD&A. The Division staff also has observed that BHC registrants with material amounts of nonaccrual loans sometimes provide a reconciliation of the beginning and ending balances of those loans, although they are not required by Commission rules to do so. As described previously, ASU 2016-13 will require disclosure of the beginning and ending nonaccrual loan balances, but will not require disclosure of activity during the period. Information about activity during the period may help investors understand remediation efforts related to the portfolio and changes in credit quality. Therefore, we are considering whether we should require disclosure of activity during the period in addition to beginning and ending balances.

    BHC registrants also may discuss higher-risk loans and declines in collateral value when they are reasonably expected to have a material impact on results of operations, liquidity or capital resources.144 For example, disclosures about interest-only and adjustable-rate mortgage loans, by year of reset, provide investors with information about a BHC registrant's exposure to higher-risk loans, including the potential effect that changes in repayment terms may have on future cash flows and liquidity. In addition, BHC registrants may disclose in their Commission filings quantitative and qualitative information about their loan portfolios and other significant balance sheet items with material country-specific risk.145

    144 The Division has provided guidance in the form of a sample comment letter regarding provisions and allowance for loans losses. See Sample Letter Sent to Public Companies on MD&A Disclosure Regarding Provisions and Allowances for Loan Losses (Aug. 2009) (Sample MD&A Letter), available at https://www.sec.gov/divisions/corpfin/guidance/loanlossesltr0809.htm. Types of loans identified as “higher-risk” included option adjustable-rate mortgage products, junior lien mortgages, high loan-to-value ratio mortgages, interest-only loans, subprime loans and loans with initial teaser rates.

    145 In January 2012, the Division issued disclosure guidance providing the Division's views regarding disclosure related to registrants' exposures to certain European countries experiencing financial stress. See CF Disclosure Guidance: Topic No. 4, European Sovereign Debt Exposures.

    BHC registrants often publish and furnish, on current reports, Forms 8-K, supplements to their earnings releases that include credit quality statistics that are adjusted or more disaggregated than those provided under Guide 3 or U.S. GAAP. These statistics may exclude certain types of loans that are not typically classified as nonaccrual.146

    146 For example, the allowance to loan ratios may exclude credit cards and loans acquired with deteriorated credit quality. Registrants also may adjust credit quality statistics for significant sales, litigation settlements or regulatory changes.

    ii. Information Available Outside of SEC Filings

    Banking organizations must report loan amounts categorized by type of security, borrower or purpose in Call Reports.147 Loans past due and on nonaccrual status must be reported along with TDRs, both performing and on nonaccrual status.148 Certain banking organizations also must report specific information about mortgage banking activities, including carrying amount, originations, purchases and sales for both first lien and junior lien loans. 149 Banking organizations also must report regulatory capital components and ratios, including the categorization of loans by risk weights.150

    147 Call Report Schedule RC-C, Loans and Lease Financing Receivables, specifies more loan categories than Guide 3.

    148 Call Report Schedule RC-N, Past Due and Nonaccrual Loans, Leases, and Other Assets and Call Report Schedule RC-C.

    149 Call Report Schedule RC-P, Family Residential Mortgage Banking Activities, must be completed by (1) all banks with $1 billion or more in total assets, and (2) banks with less than $1 billion in total assets with greater than $10 million in mortgage banking activities (determined based on originations, sales or period-end balances) for two consecutive quarters.

    150 Call Report Schedule RC-R, Regulatory Capital.

    Pillar 3 disclosures include a description of how banking organizations subject to the disclosure requirements 151 measure credit risk in their loan portfolios, how they mitigate those risks and the associated regulatory risk weights of the assets. For example, these organizations must provide quantitative credit risk disclosures 152 based on geography, industry and/or counterparty type. If a banking organization uses its own internal credit risk estimates, such as the probability of default, exposure at default and loss given default, those measures must be disclosed.153

    151 Pillar 3 disclosure requirements apply to banking organizations with $50 billion or more in total assets. See Regulatory Capital Rules Release.

    152 The required quantitative credit risk disclosures include total credit risk exposures and average credit risk disclosures, after accounting for offsets in accordance with U.S. GAAP over the period, without taking into account the effect of credit risk mitigation techniques, categorized by major types of credit exposure. Information about impaired and past-due loans also is required.

    153 Regulatory Capital Rules Release, Section XI, Market Discipline and Disclosure Requirements.

    Request for Comment

    32. Do the loan portfolio disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    33. Do Commission rules or U.S. GAAP require the same or similar loan information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    34. What improvements to the existing loan disclosures should we consider that would be important for investors? For example, should loans held-for-sale or loans carried at fair value under the fair value option fall within the scope of our loan portfolio disclosures? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    35. How do investors use the TDR disclosures called for by Guide 3 for investment decisions? Is the basis for a modification (i.e., credit risk management purposes versus commercial or other reasons) important in assessing the risk elements in a BHC registrant's loan portfolio?

    36. Should we require disclosures of all loan modifications by type of modification and/or credit quality of borrower? Would BHC registrants face any challenges in preparing and providing these disclosures?

    37. To promote comparability and consistency, should we prescribe the level of disaggregation that BHC registrants should employ for their loan portfolio disclosures? 154 If so, what threshold should be used and why?

    154 While U.S. GAAP and IFRS standards include guidance about disaggregation, the requirements generally allow management to exercise judgment. For example ASC 310-10-50 includes disclosures by class of financing receivables and portfolio segment, but management determines the classes and segments. IFRS 7 requires disclosures by classes of financing instruments, which are defined as “. . . classes that are appropriate to the nature of the information disclosed and that take into account the characteristics of those financial instruments.”

    38. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    39. While investors do not have experience with the disclosures that will be required by ASU 2016-13, is there information about loans that would be important for investors under an expected credit loss model? If so, please indicate which information and whether BHC registrants would face any challenges in preparing and providing the information? For example, upon effectiveness of ASU 2016-13, should we require disclosure of the current period activity for nonaccrual loans since the new standard will require disclosure of the beginning and ending nonaccrual balances only?

    40. Should we consider requiring that the loan portfolio disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    41. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    42. Should we require disclosure of the loan information provided in Call Reports or other regulatory filings? If so, what information and why?

    43. Should the loan portfolio disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    D. Summary of Loan Loss Experience 1. Background

    BHC registrants generally accept and manage significant amounts of credit risk, and most of their credit losses traditionally have come from loans and declines in the value of collateral underlying loans. The allowance for loan losses is a critical accounting estimate and is a primary focus of management, investors and the U.S. banking agencies. This discussion focuses on the allowance for loan loss methodology currently required by U.S. GAAP and highlights only the significant changes that will occur once the new standard, ASU 2016-13, becomes effective.155

    155 The currently effective guidance for recognizing credit losses includes ASC 310-10-35-4, which states that an impairment is recognized when it is probable that a loss has been incurred. The new standard replaces the current incurred loss methodology with a methodology that reflects expected credit losses. ASU 2016-13 is not effective for registrants until fiscal years beginning after December 15, 2019, unless early adoption is elected. Early adoption is permitted for annual periods beginning after December 15, 2018, and interim periods therein.

    A BHC registrant's methodology for estimating loan losses is influenced by many factors, including the its size, organizational structure, business environment and strategy, loan portfolio characteristics, loan administration procedures and management information systems.156 Most methodologies for estimating loan losses include a risk classification process that involves categorizing loans into risk categories or ratings.157 U.S. GAAP also requires management to consider all available information reflecting past events and current conditions when developing its estimate of loan losses.158 Because estimating loan losses involves a high degree of management judgment, the Commission issued a financial reporting release and the staff issued an accounting bulletin that provides its views on the development, documentation and application of a systematic methodology for determining an allowance for loan losses.159

    156See Interpretive Response to Question 2.A in Staff Accounting Bulletin Topic 6:L—Financial Reporting Release 28—Accounting for Loan Losses By Registrants Engaged in Lending Activities (SAB Topic 6:L). The guidance was issued in 2001 based on the U.S. GAAP impairment model effective today and has not been updated for ASU 2016-13.

    157 The categorization normally is based on relevant information about the ability of borrowers to service their debt, such as current financial information, historical payment experience, credit documentation, public information and current trends.

    158 ASC 310-10-35. Examples of available information include existing industry, geographical, economic and political factors that are relevant to the collectibility of a loan.

    159See Financial Reporting Release 28, Accounting for Loan Losses by Registrants Engaged in Lending Activities and SAB Topic 6:L.

    ASU 2016-13, once effective, will replace the current incurred loss methodology with a methodology that reflects expected credit losses and will require consideration of a broader range of reasonable and supportable information to inform credit loss estimates.160 The new methodology will require registrants to use forecasted information, in addition to past events and current conditions, when developing their estimates. In addition, it will not specify a method for measuring expected credit losses and will allow registrants to apply methods that reasonably reflect their expectations of the credit loss estimate. As a result of the broader range of items to consider and the required use of forward-looking information, the FASB expanded the disclosure requirements related to financial instruments and impairments.

    160See ASU 2016-13.

    Loan loss disclosures, like those required by U.S. GAAP, provide investors with information about how a registrant analyzes and assesses credit risk when determining the allowance for loan losses and the reasons for any changes in how it determines the allowance.161

    161See “What Are the Main Provisions?” section of ASU 2010-20.

    2. Current Guide 3 Disclosures

    Section IV.A of Guide 3 calls for a five-year analysis of loan loss experience,162 including the beginning and ending balances of the allowance for loan losses, charge-offs and recoveries by loan category 163 and additions charged to operations. Section IV.A also calls for disclosure of the ratio of net charge-offs to average loans outstanding during the period.

    162 This analysis of activity in the allowance for loan losses is known as a “roll-forward” of the allowance for loan losses.

    163 The loan categories presented in Section IV.A are the same as in Section III.

    Section IV.B calls for a breakdown of the allowance for loan losses by category along with the percentage of loans in each category. BHC registrants may, however, furnish a narrative discussion of the loan portfolio's risk elements and the factors considered in determining the amount of the allowance in lieu of providing a breakdown. The staff has observed that BHC registrants generally elect to use the tabular format and loan categories in Section IV.B to present the allocation of allowance for loan losses instead of the narrative discussion.

    3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 currently requires disclosure of the total allowance for loan losses on the balance sheet or in the footnotes to the financial statements and the changes in the allowance for loan losses for each period in which an income statement is presented in the footnotes.164 This requirement is identical to the Guide 3 disclosure.

    164 17 CFR 210.9-03. The Commission has proposed to eliminate the changes in the allowance for loan losses disclosure in the Disclosure Update and Simplification Release.

    U.S. GAAP requires disclosure of loan loss information, including the related accounting policies, for each portfolio segment except loans measured at fair value.165 For example, the accounting policy disclosures shall include:

    165 ASC 310-10-20 defines a portfolio segment as the level at which an entity develops and documents a systematic methodology to determine its allowance for credit losses.

    • A description of the methodology used to estimate the allowance for loan losses, including a description of the factors that influenced management's judgment; 166

    166 ASC 310-10-50 states that both historical losses and existing economic conditions must be included in the description of factors.

    • a discussion of risk characteristics relevant to each portfolio segment;

    • the identification of any change in accounting policies or methodology from the prior period, the rationale for the change and the quantitative effect of the change; and

    • a description of the policy for charging off uncollectible financing receivables.167

    167 ASC 310-10-50-11B.

    ASU 2016-13, once effective, will add new policy disclosures regarding the changes in the factors that influenced management's current estimate of expected credit losses and reasons for significant changes in the amount of write-offs. In addition, ASU 2016-13 will require disclosures related to the forecasted information management used in developing its allowance for credit losses.168 U.S. GAAP currently requires disclosure of the allowance for loan losses and the related investment in financing receivables to which the allowance pertains, disaggregated on the basis of a registrant's impairment methodology.169 Both before and after adoption of ASU 2016-13, U.S. GAAP requires a roll-forward of the activity in the allowance for loan losses for each period by portfolio segment.170

    168 ASC 326-20-50 requires a description of the factors that influenced management's expected loss estimate, including a discussion of the reasonable and supportable forecasts used and a discussion of the reversion method applied for periods beyond the reasonable and supportable forecast period.

    169 To disaggregate the required information on the basis of the impairment methodology, U.S. GAAP provides that a registrant shall disclose the following amounts: (a) Amounts collectively evaluated for impairment, (b) amounts individually evaluated for impairment, and (c) amounts related to loans acquired with deteriorated credit quality. See ASC 310-10-50-11C.

    Since ASU 2016-13 requires the allowance methodology for all loans to reflect the current estimate of expected credit losses, it eliminates this disaggregation requirement.

    170 The staff has observed that some bank holding companies present their Guide 3 roll-forward using their U.S. GAAP portfolio segments instead of the loan categories specified in Guide 3 or Article 9 because Guide 3 provides latitude in determining loan categories.

    Both before and after adoption of ASU 2016-13, U.S. GAAP requires qualitative information, by portfolio segment, about the impact of TDRs on the allowance for loan losses. For TDRs occurring during each period for which an income statement is presented, U.S. GAAP requires disclosure of how the modifications were factored into the determination of the allowance for loan losses. Similarly, for TDRs that were completed within the previous 12 months and subsequently have payment defaults during the reporting periods, U.S. GAAP requires disclosure of how the defaults were factored into the determination of the allowance for loan losses.171

    171 ASC 310-10-50.

    U.S. GAAP currently also requires specific disclosures about the impact that loans acquired with deteriorated credit quality have on the allowance for loan losses in periods subsequent to acquisition.172 For example, U.S. GAAP currently requires disclosure of the amount of any additions or reductions to the allowance for loan losses resulting from changes in estimated cash flows expected to be collected over the life of those loans, as well as the amount of the allowance pertaining to those loans at the beginning and end of the period.173 ASU 2016-13 will change the required disclosures because, under the new methodology, these loans will be recorded with an allowance for credit losses at the acquisition date. Therefore, there no longer will be separate disclosures related to changes in expected cash flows for these loans, but the roll-forward of the allowance by portfolio segment will include a separate line for the allowance recorded at acquisition.

    172 Currently under U.S. GAAP, an allowance for loan losses is not recorded upon the acquisition of loans acquired with deteriorated credit quality. These loans are initially recorded at fair value, which factors in an estimate of expected credit losses. An allowance may subsequently be required to the extent that there is an adverse change in the estimated cash flows expected to be collected over the life of the loan.

    173 ASC 310-30-50.

    The staff has observed that bank holding companies consider their methodology for determining the allowance for loan losses, when it could have a material impact on the financial condition or operation performance, to be a critical accounting estimate and provide a discussion of the material implications of uncertainties associated with their allowance methodology and assumptions in MD&A.174 These bank holding companies also discuss material fluctuations in their provision and allowance for loan losses in MD&A. The Division has provided its views on the appropriate disclosure in MD&A related to the current allowance for loan loss methodology, which includes the following information:

    174 In the Interpretive Guidance on MD&A, the Commission reminded registrants that they should address the material implications of uncertainties associated with the methods, assumptions and estimates underlying their critical accounting measurements.

    • The historical loss data used as the starting point for estimating current losses;

    • how economic factors affecting loan quality are incorporated into the allowance estimate;

    • the level of specificity used to group loans for purposes of estimating losses;

    • the application of loss factors to risk-rated loans; and

    • any other estimation methods and assumptions used.175

    175 Sample MD&A Letter. The Division is considering the impact that ASU 2016-13 will have on these disclosures and will take into consideration comments received in response to this request for comment as part of its analysis.

    ii. Information Available Outside of SEC Filings

    Banking organizations must report the amount of loans charged off against the allowance for loan losses during the period, as well as the amount of recoveries of loans previously charged off by specified loan category in Call Reports.176 Banking organizations also must provide a reconciliation of the allowance for loan losses on an aggregate basis. This requirement is similar to the disclosures called for in Section IV.A of Guide 3, except that write-downs arising from transfers of loans to held for sale and any other adjustments must also be reported in the Call Reports.177 Banking organizations must disclose in their Call Reports the amount of allowance for loan losses established due to decreases in cash flows expected to be collected on loans acquired with deteriorated credit quality.178 Banking organizations with $1 billion or more in total assets also must report disaggregated data on the allowance for loan losses and the related recorded investment in loans.179 This requirement is similar to the U.S. GAAP requirement.

    176 The loan categories specified by Call Report Schedule RI-B, Charge-offs and Recoveries on Loans and Leases and Changes in Allowance for Loan and Lease Losses, are consistent with those specified by Schedule RC-C.

    177 Loans held for sale are measured at lower of cost or fair value. Therefore, when a loan measured at amortized cost is transferred to the held for sale category, it may result in a write-down.

    178 Memoranda Item 4 in Schedule RI-B.

    179 The loan categories specified by Call Report Schedule RI-C, Disaggregated Data on the Allowance for Loan and Lease Losses, represent general categories that best correspond to the characteristics of the related loans and leases, rather than the standardized loan categories defined in Schedule RC-C.

    Pillar 3 disclosures provide qualitative and quantitative information about the allowance for loan losses that are more detailed than the disclosures called for by Guide 3 and U.S. GAAP. For example, qualitative disclosures include a description of the approaches used to determine the allowance for loan losses, including statistical methods used and an explanation of the internal rating system and its relationship with external ratings by loan type. Quantitative disclosures include actual losses for the preceding period for each loan category, including how the amounts differ from past experience or the banking organization's estimates of losses compared to actual losses over a longer period.180

    180 Pillar 3 instructions do not prescribe the period used for this assessment, but define the period as “a period sufficient to allow for meaningful assessment of the performance of the internal ratings processes.”

    Request for Comment

    44. Do the summary of loan loss experience disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    45. Do Commission rules or U.S. GAAP require the same or similar loan loss experience information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    46. What improvements to the existing summary of loan loss experience disclosures should we consider that would be important for investors? For example, should BHC registrants disclose the qualitative portion of their allowance or details about their allowance methodology, such as adjustments made due to existing economic conditions? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    47. To promote comparability and consistency, should we prescribe the level of disaggregation that BHC registrants should employ for their summary of loan loss disclosures? If so, what threshold should be used and why?

    48. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    49. While investors do not have experience with the disclosures that will be required by ASU 2016-13, is there information about loan impairment that would be important for investors under an expected credit loss model? If so, please indicate which information and whether BHC registrants would face any challenges in preparing and providing the information? For example, upon effectiveness of ASU 2016-13, should we require separate disclosure of the amount of provision that relates to loans originated during the period in the allowance for credit losses roll-forward? Why or why not?

    50. Should we require any of the suggested disclosures from the 2009 Sample MD&A Letter? Why or why not? If so, which disclosures should we require and what challenges, if any, would BHC registrants face in preparing and providing them? For example, should we require the disclosure suggestions related to changes in practices such as the historical loss data used as the starting point for estimating current losses?

    51. Should we consider requiring that the summary of loan loss experience disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    52. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    53. Should we require disclosure of any loan information provided in Call Reports or other regulatory filings? If so, what information and why?

    54. Should the summary of loan loss experience disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    E. Deposits 1. Background

    Deposits are generally the most significant liability on an FDIC-insured institution's balance sheet, and interest paid on deposits generally represents a large portion of expenses. As of September 30, 2016, deposits represented 76% of the total liabilities and capital of all FDIC-insured institutions.181 During times of economic stress, insured retail deposits have proven to be the most reliable funding source and, therefore, play an integral role in mitigating liquidity risk during crisis scenarios.182 FDIC-insured institutions also can generate funds by acquiring brokered deposits,183 which typically are obtained through arrangements with securities brokerage firms. The use of brokered deposits allows FDIC-insured institutions to raise large amounts of funds quickly with a predetermined maturity structure. Brokered deposits, however, are highly rate-sensitive and when they mature institutions need to match prevailing market rates to roll-over or renew them. FDIC rules limit access to brokered deposits for insured institutions that are not “well capitalized” for purposes of the applicable regulatory capital requirements.184

    181See FDIC Quarterly.

    182See page 15 of OCC, Comptroller's Handbook—Liquidity (June 2012). Retail deposits include demand, savings and time deposits. In addition, retail deposits are assigned a low outflow rate of 3-10% for purposes of the LCR calculations whereas the rates for other types of liabilities (e.g., unsecured wholesale funding provided by a financial sector entity) may be as high as 100%. See LCR Adopting Release.

    183 As defined by the FDIC, brokered deposits are deposits accepted through a “deposit broker” or “any person engaged in the business of placing deposits, or facilitating the placement of deposits, of third parties with insured depository institutions for the purpose of selling interests in those deposits to third parties.” See Frequently Asked Questions Regarding Identifying, Accepting, and Reporting Brokered Deposits on the FDIC's Web site for additional information, available at https://www.fdic.gov/news/news/financial/2015/fil15051b.pdf.

    184 12 CFR 337.6.

    Deposit disclosures, together with the level of other disclosed funding sources,185 may provide transparency with respect to a registrant's sources of funding and liquidity risk profile. Disclosures about significant amounts of deposits from a small number of depositors also could indicate concentration risk. For example, disclosures about a BHC registrant's reliance on brokered deposits as a source of funding may inform investors that the BHC registrant's cost of funding could increase quickly when the brokered deposits mature.

    185 ASC 942-470-50-3 requires disclosures related to debt agreements and Section VII of Guide 3 calls for disclosures about short-term borrowings as described below in Section II.G.

    2. Current Guide 3 Disclosures

    Section V.A of Guide 3 calls for presentation of the average amounts of and the average rates paid for specified deposit categories that exceed 10% of average total deposits.186 Most BHC registrants provide this disclosure by disaggregating the deposit categories in the average balance sheet required by Section I of Guide 3. Section V.A also calls for disclosure of the aggregate amount of deposits by foreign depositors in U.S. offices, if material. Sections V.D and V.E of Guide 3 focus on the disclosures of time certificates of deposits and other time deposits in amounts of $100,000 or more.187 Section V.D calls for a maturity analysis of time deposits,188 and Section V.E calls for disclosure of time deposits in excess of $100,000 issued by foreign offices.189

    186 The specified deposit categories are: (1) Noninterest-bearing demand deposits, (2) interest-bearing demand deposits, (3) savings deposits, (4) time deposits, (5) deposits of banks located in foreign countries including foreign branches of other U.S. banks, (6) deposits of foreign governments and official institutions, (7) other foreign demand deposits, and (8) other foreign time and savings deposits. Categories (1) to (4) are deposits in U.S. bank offices and categories (5) to (8) are deposits in foreign bank offices. Other categories may be used for U.S. bank offices if they more appropriately describe the nature of the deposits.

    187 The $100,000 thresholds were established in 1976 when the FDIC insurance limit was $40,000.

    188 The ranges of maturities are by time remaining until maturity: (1) 3 months or less, (2) over 3 through 6 months, (3) over 6 through 12 months, and (4) over 12 months.

    189 If the aggregate of certificates of deposit and time deposits over $100,000 issued by foreign offices represents a majority of total foreign deposit liabilities, this disclosure need not be provided if a statement to that effect is provided.

    3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 requires separate presentation on the balance sheet of noninterest-bearing deposits and interest-bearing deposits.190 U.S. GAAP requires limited disclosures about deposits. For example, U.S. GAAP requires disclosures about deposits received on terms other than those available in the normal course of business and the aggregate amount of time deposits equal to or exceeding the FDIC insurance limit,191 which is currently $250,000.192 The time deposit disclosure requirement previously contained a $100,000 threshold, similar to Guide 3. In March 2014, the FASB replaced the $100,000 threshold with the term “FDIC insurance amounts.” 193 As a result, BHC registrants generally provide separate time deposit disclosures at both the $100,000 and the $250,000 thresholds to comply with both Guide 3 and U.S. GAAP.

    190 17 CFR 210.9-03. If the disclosures on foreign activities in Rule 9-05 apply, the amount of noninterest-bearing deposits and interest-bearing deposits in foreign banking offices also must be presented separately.

    191 ASC 942-405-50-1.

    192https://www.fdic.gov/deposit/deposits.

    193 FASB Editorial and Maintenance Update 2014-07 (Mar. 17, 2014), available at https://asc.fasb.org/imageRoot/89/51570489.pdf. In the update, the FASB states that the revision maintained the original intent of the disclosure and was made to accommodate any future changes to the FDIC insurance limit.

    As part of the standard-setting process for ASU 2016-01, in 2013 the FASB proposed a definition of “core deposit liabilities” and related disclosures.194 The proposal would have required registrants with core deposit liabilities to disclose the following by significant type of core deposit account:

    194 “Core deposit liabilities” was defined as “deposits without a contractual maturity that management considers to be a stable source of funds, which excludes surge balances due to seasonal factors or economic uncertainty and other balances that management believes are transient (such as highly interest rate sensitive accounts.)”

    • The core deposit liability balance;

    • the implied weighted-average maturity period; and

    • the estimated all-in-cost-to-service rate.195

    195 Proposed Accounting Standards Update (Apr. 12, 2013), available at http://www.fasb.org/jsp/FASB/Document_C/DocumentPage?cid=1176162349236&acceptedDisclaimer=true. The all-in-cost-to-service rate was defined as “a rate that includes the net direct costs to service core deposit liabilities, including interest paid on those deposits and the expense of maintaining a branch network minus fee income earned on those deposit accounts.”

    The FASB did not include these disclosures in the final standard due to input from financial statement preparers indicating that the cost of providing the information would be significant and that they could result in the disclosure of proprietary information. In addition, respondents expressed concern that the disclosures would not be comparable because the definition of core deposit liabilities would be based on management's determination.196 Because the respondents to the FASB proposal consisted mostly of preparers and included only one user,197 we are seeking feedback about whether there are additional disclosures about deposits, such as those considered by the FASB, that would be important for investors.

    196See ASU 2016-01, paragraph BC138.

    197See http://www.fasb.org/cs/ContentServer?c=Document_C&pagename=FASB%2FDocument_C%2FDocumentPage&cid=1176162921974.

    The staff has observed that BHC registrants generally discuss in MD&A material changes to or key metrics for deposits when deposits are a material source of liquidity.198 For example, many BHC registrants discuss loan-to-deposit ratios and some present this information by reportable segment. They also generally include a discussion of deposits as a source of funding, including a description of deposit inflows and outflows during the period, in the liquidity section of MD&A. Some include total deposits or time deposits in the maturity of contractual obligations table.199

    198 Item 303 of Reg. S-K requires registrants to discuss their financial condition, material changes in financial condition, and a description of internal and external sources of liquidity.

    199 Deposits, including time deposits, normally do not meet the definition of long-term obligations in Item 303(a)(5)(ii) of Regulation S-K.

    ii. Information Available Outside of SEC Filings

    Banking organizations must separately report deposits held at U.S. bank offices and deposits held at foreign bank offices 200 in their Call Reports.201 Maturity data for brokered deposits, time deposits less than $100,000, time deposits between $100,000 and $250,000, and time deposits of $250,000 or more must also be provided.202 Banking organizations must also provide quarterly average balances of interest-bearing deposit transaction accounts and non-transaction accounts in Call Reports. Call Reports contain more information about deposits and categorize deposits by more and sometimes different factors than Guide 3. For example, banking organizations must provide information about whether deposits are insured or uninsured and the intended uses of the deposit products in Call Reports.

    200 For definitions of U.S. bank offices and foreign bank offices, see the Glossary in Instructions for Preparation of Consolidated Reports of Condition and Income (FFIEC 031 and 041).

    201 Call Report Schedule RC-E, Deposit Liabilities.

    202 The maturity periods specified by Schedule RC-E, are one year or less for brokered deposits and, for time deposits, (a) three months or less, (b) over three months through 12 months, (c) over one year and through three years, and (d) over three years.

    Request for Comment

    55. Do the deposit disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    56. Do Commission rules or U.S. GAAP require the same or similar deposits information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    57. What improvements to the existing deposits disclosures should we consider that would be important for investors? For example, should BHC registrants disclose the amount and maturity of brokered deposits? Should we require disclosures about core deposits and, if so, what disclosures? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    58. How do investors use the time deposit disclosures? Should we retain the $100,000 threshold for these disclosures or should we change it to another threshold, such as the FDIC insurance limit? Why or why not?

    59. Should we require disclosure of an estimate of the quantitative and qualitative benefits of using government guaranteed deposits?

    60. Should we consider requiring that the deposit disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    61. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    62. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    63. Should we require disclosure of any deposit information provided in Call Reports or other regulatory filings? If so, what information and why?

    64. Should the deposit disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    F. Return on Equity and Assets 1. Background

    Financial ratios allow investors to compare registrants in the same industry. Section VI of Guide 3 calls for disclosure of four specific ratios. Two are profitability ratios, one is an indicator of how much capital a BHC registrant returns to investors, and the other is an indicator of solvency.

    While useful to investors for comparing BHC registrants and making investment decisions, the ratios called for by Guide 3 are not specific to the financial services industry. Moreover, Guide 3 does not call for other industry-specific ratios, other than the ratio of net charge-offs to average loans outstanding in Section IV.A. Examples of industry-specific ratios that investors may use to evaluate BHC registrants and make investment decisions include the efficiency ratio,203 allowance for loan losses to total loans, allowance for loan losses to total nonaccrual loans and nonaccrual loans to total loans. Although not specifically referenced in Guide 3, BHC registrants generally disclose these ratios. We are considering whether specific ratio disclosures for BHC registrants would be important for investors or whether these BHC registrants already disclose the ratios that are important for investors in response to Regulation S-K requirements.

    203 The efficiency ratio measures the proportion of net operating revenues that are absorbed by overhead expenses, so that a lower value indicates greater efficiency. FDIC Quarterly.

    2. Current Guide 3 Disclosure Requirements

    Section VI of Guide 3 calls for the following ratios for each reported period:

    • Return on assets (ROA);

    • return on equity (ROE);

    • dividend payout ratio; and

    • equity to assets ratio.204

    204 Instruction 1 to Section VI calls for a dual presentation of the return on equity and equity to assets ratios if mandatorily redeemable preferred stock is outstanding. The dual presentation provides the ratios calculated both with and without preferred stock.

    Instruction 2 of Section VI indicates that BHC registrants should provide any other ratios they deem necessary to explain their operations. 3. Other Sources of Information

    No other Commission rules, U.S. accounting standards or bank regulatory requirements specifically require disclosure of the four ratios included in Guide 3. These ratios, however, can be calculated using financial information disclosed in Commission filings. ROA, ROE and equity to assets can be derived from amounts reported on the income statement and the average balance sheet called for by Section I.A of Guide 3.205 BHC registrants also generally disclose their ROA and ROE ratios in their earnings releases. The dividend payout ratio can be calculated based on the disclosures required by Article 3 of Regulation S-X.206 Also, although Commission rules do not specifically require these ratios, the Interpretive Guidance on MD&A highlights the potential need for disclosure of industry-specific or key performance measures when they are used to manage the business and would be material to investors.

    205 In the case of average amounts, current and prior year amounts presented on the balance sheet can be used to calculate the average.

    206 17 CFR 210.3-01 through 3-20. Rule 3-04 of Regulation S-X requires disclosure of dividends per common share in the changes in stockholders' equity and noncontrolling interests statement or footnote.

    Bank holding companies also disclose non-GAAP measures in Commission filings. For example, they commonly present non-GAAP versions of ROE, return on average equity, and book value per common share using tangible equity 207 instead of shareholders' equity. Another common non-GAAP measure used by bank holding companies is taxable equivalent interest income and the related net interest margin.208 In addition, banking organizations are subject to a minimum “leverage ratio” requirement as part of their regulatory capital requirements. The leverage ratio and its inputs are reported on the Call Report.209

    207 Tangible equity is not defined in Commission rules or U.S. GAAP. Generally, tangible common equity is U.S. GAAP shareholders' equity minus any intangible asset (such as deferred costs or goodwill), net of deferred tax liabilities.

    208 Net interest income is adjusted to reflect tax-exempt income on an equivalent before-tax basis with a corresponding increase in income tax expense. See Staff Accounting Bulletin Topic 11:G—Tax Equivalent Adjustment in Financial Statements of Bank Holding Companies (SAB Topic 11:G) for additional discussions related to tax equivalent adjustments.

    209 Tier 1 leverage ratio is calculated by dividing Tier 1 capital, as defined by the U.S. banking agencies, by average total consolidated assets. Call Report Schedule RC-R, Regulatory Capital.

    Request for Comment

    65. Do the return on equity and assets disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    66. Do Commission rules or U.S. GAAP require the same or similar ratios as called for by Guide 3? If so, how are the ratios similar or dissimilar?

    67. What improvements to the existing return on equity and assets disclosures should we consider that would be important for investors? For example, should we require other industry-specific ratios, such as nonaccrual loans to total loans, and if so, which ones? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    68. What non-GAAP financial measures do BHC registrants disclose? Which of these measures help make investment decisions and why? Should we require disclosure of any of these measures to enhance the comparability of information for investors?

    69. Are there any bank regulatory capital metrics, such as risk-weighted assets or liquidity ratios, that BHC registrants are not already required to disclose under accounting standards or Commission rules that would be important for investors? If so, which ones and how do investors use them?

    70. Banking organizations typically are afforded a transition period to comply with new bank regulatory capital metric requirements. For recently issued accounting standards that have not yet been adopted, registrants generally discuss the potential effects of adoption in registration statements and reports filed with the Commission.210 However, there is no related disclosure guidance for bank capital metrics that have been issued but not yet implemented. Would disclosure of the calculation of a new metric provide important information for investors even before the organization is required to comply with the requirement? What challenges, if any, would BHC registrants face in preparing and providing it?

    210See Staff Accounting Bulletin Topic 11:M—Disclosure Of The Impact That Recently Issued Accounting Standards Will Have On The Financial Statements Of The Registrant When Adopted In A Future Period. (SAB Topic 11:M)

    71. Should we consider requiring that the return on equity and assets disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    72. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    73. Should the return on equity and assets disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    G. Short-Term Borrowings 1. Background

    BHC registrants often use short-term borrowings to supplement their deposits and diversify their funding sources. Short-term borrowings may include federal funds transactions,211 repurchase agreements,212 commercial paper,213 traditional loans from other banks, and any other short-term borrowings reflected on the BHC registrant's balance sheet.214 Federal funds transactions can be an important tool for managing liquidity, while repurchase agreements can provide a cost-effective source of funds and may allow a BHC registrant to leverage its securities portfolio for liquidity and funding needs. Short-term borrowings and the reliance on them for financing are especially important to the liquidity of many of the largest BHC registrants and, industry-wide, may have a global impact on the financial markets and systemic stability. Illiquidity in the markets as a whole can affect short-term borrowings, sometimes severely and rapidly, which can present increased risks for registrants that rely heavily on short-term borrowings as a funding source. Because of these potential risks, banking regulators across the globe have focused on liquidity and funding sources and have adopted new liquidity measures, such as the LCR and NSFR requirements. These new liquidity measures are designed to create incentives for certain large banking organizations to fund their activities with more stable sources of funding, which may cause banking organizations to replace some of their short-term borrowings, like federal funds purchased, with long-term debt. For example, the NSFR generally is calibrated assuming that long-term liabilities are more stable than short-term liabilities.215

    211 The federal fund rate is the interest rate that banks charge one another for borrowing funds overnight. Federal funds are excess funds that banks deposit with the FRB for lending to other banks.

    212 ASC 860-10 defines a repurchase agreement as an arrangement under which a transferor (repo party) transfers a security to a transferee (repo counterparty or reverse party) in exchange for cash and concurrently agrees to reacquire the security at a future date for an amount equal to the cash exchanged plus a stipulated interest factor.

    213 Commercial paper consists of short-term promissory notes issued primarily by corporations. Maturities range up to 270 days but average about 30 days.

    214 17 CFR 210.9-03.13(3).

    215Basel III: the net stable funding ratio (October 2014), available at http://www.bis.org/bcbs/publ/d295.pdf.

    A BHC registrant's use of short-term borrowings can fluctuate significantly during a reporting period. As a result, the presentation of period-end amounts alone may not accurately reflect a BHC registrant's funding needs or use of short-term borrowings during the period.

    The Guide 3 short-term borrowings disclosures provide investors with information beyond the period-end borrowings balance. These disclosures focus on the activity in short-term borrowings and related interest expense throughout the period and may help investors better understand the role of this form of financing and its related risks to BHC registrants.

    2. Current Guide 3 Disclosures

    Section VII of Guide 3 calls for the following short-term borrowings disclosures by category:

    • The period-end amount outstanding;

    • the average amount outstanding during the period; and

    • the maximum month-end amount outstanding.216

    216 Section VII refers to Rule 9-04.11 for categories of short-term borrowings. The correct reference, however, is Rule 9-03.13. Registrants often provide the average short-term borrowings disclosures as part of their average balance sheet disclosures.

    Section VII also calls for disclosure, by category of borrowing, of the weighted average interest rates at period-end and during the period, and the general terms of the borrowing. The disclosures in Section VII need not be provided for categories of short-term borrowings for which the average balance outstanding during the period was less than 30% of stockholders' equity at the end of the period. 3. Other Sources of Information i. Information Available in SEC Filings as Required by Commission Rules and Accounting Standards

    Article 9 requires separate disclosure of the period-end balances of federal funds purchased and securities sold under agreements to repurchase, commercial paper and other short-term borrowings on the face of the financial statements or in the footnotes.217 U.S. GAAP requires disclosure of period-end balances of significant categories of borrowings.218 U.S. GAAP also requires disclosures about repurchase agreements and securities lending transactions. For example, BHC registrants must reconcile the amount of the gross liability for repurchase agreements and securities lending transactions accounted for as secured borrowings to the net liability amount presented on the balance sheet.219

    217 17 CFR 210.9-03.

    218 ASC 942-470-45.

    219 ASC 860-30-50 and ASC 210-20-50 permit offsetting of derivatives, repurchase agreements and securities lending transactions in the financial statements. ASC 860-30-50 requires disclosure of gross and net liabilities related to these transactions.

    The staff has observed that BHC registrants typically discuss their sources of funding and outstanding borrowings in their liquidity section of MD&A. In 2010, the Commission issued interpretive guidance on liquidity and capital resources disclosures that highlighted important trends and uncertainties related to liquidity for registrants to consider in their MD&A disclosures.220 The guidance noted as examples of trends and uncertainties the reliance on commercial paper or other short-term financing arrangements for liquidity and intra-period variations in borrowings in circumstances where borrowings during the period are materially different than the period-end amounts. The guidance also specifically indicated that bank holding companies should consider additional MD&A disclosures, including their policies and practices for meeting applicable bank regulatory guidance on funding and liquidity risk management, or any policies and practices that differ from applicable bank regulatory guidance.

    220 Commission Guidance on Presentation of Liquidity and Capital Resources Disclosures in Management's Discussion and Analysis, Release No. 33-9144 (Sept. 17, 2010) [75 FR 59894].

    Regulation S-K also requires a discussion of off-balance sheet arrangements when the arrangements have or are reasonably likely to have a current or future effect on the registrant's financial condition, results of operations, liquidity, capital expenditures or capital resources that is material to investors.221 When these disclosures were adopted in 2003, the definition of “off-balance sheet arrangement” focused on the means through which registrants typically structure off-balance sheet transactions or otherwise incur risks of loss that are not fully transparent to investors. For example, a registrant sometimes provides financial support as part of its involvement in activities of an unconsolidated entity.222 Commenters on the Regulation S-K Concept Release expressed differing views about whether the Commission should retain, expand or eliminate this disclosure item. One commenter recommended expanding it to include detailed information about the underlying assets of asset-backed securities.223 Commenters often cited redundancy with disclosures required by U.S. GAAP as the reason for eliminating the disclosure requirement.224 We are considering whether there are disclosures about off-balance sheet arrangements specific to BHC registrants that investors find important. Further, we are considering whether disclosures about off-balance sheet arrangements should be considered for other registrants in the financial services industry.

    221 17 CFR 229.303(a)(4).

    222 Disclosure in Management's Discussion and Analysis about Off-Balance Sheet Arrangements and Aggregate Contractual Obligations, Release No. 33-8182 (Jan. 28, 2003) [68 FR 5982] (Off-Balance Sheet and Contractual Obligations Adopting Release).

    223 CFA Institute Letter.

    224See, e.g., Chamber Letter; SIFMA Letter; KPMG LLP; Davis Polk Letter; and Financial Services Roundtable Letter.

    Short-term borrowing levels and deposit levels also factor into the LCR calculation, because it is based on projected cash outflows during a 30-day stress period.225 Banking organizations subject to the LCR requirement typically disclose whether or not they comply with the rule in their Commission filings. We are considering whether to require additional quantitative and qualitative disclosures about funding and liquidity risks.

    225See LCR Adopting Release.

    ii. Information Available Outside of SEC Filings

    Banking organizations must report the year-end balance, quarterly average balances and interest expense on federal funds purchased and securities sold under agreements to repurchase, and other borrowings in their Call Reports.226 Global systemically important bank holding companies (GSIBs) are subject to a risk-based capital surcharge in excess of their minimum capital requirements.227 One of the methods for calculating the risk-based surcharge focuses on a GSIB's reliance on short-term wholesale funding because reliance on this type of funding may cause vulnerability to runs and fire sales. Pillar 3 disclosures discuss risks related to borrowings and liquidity and include borrowings as an input to certain disclosure requirements, including the LCR and GSIB risk-based capital surcharge.

    226 Year-end balances are required to be reported on Call Report Schedule RC, Balance Sheet. Quarterly average balances are required to be reported on Call Report Schedule RC-K, Averages. Interest expense is required to be reported on Call Report Schedule RI, Income Statement.

    227 Regulatory Capital Rules: Implementation of Risk-Based Capital Surcharges for Global Systemically Important Bank Holding Companies (Aug. 14, 2015) [80 FR 157]. The surcharge became effective on January 1, 2016.

    Request for Comment

    74. Do the short-term borrowings disclosures called for by Guide 3 provide investors with information upon which they base investment and voting decisions? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? Are there any particular issues that BHC registrants face in providing these disclosures or that investors or analysts face in utilizing these disclosures?

    75. Do Commission rules or U.S. GAAP require the same or similar short-term borrowing information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    76. What improvements to the existing short-term borrowings disclosures should we consider? For example, should BHC registrants discuss the degree of reliance on wholesale or short-term funding sources? Should they describe the nature, timing, and extent of volatile short-term funding? In suggesting improvements, please indicate whether BHC registrants would face any challenges in preparing and providing the disclosures.

    77. Are there disclosures about off-balance sheet arrangements in the financial services industry that investors find important? If so, which disclosures? Would such information otherwise be provided under Commission rules (e.g., Regulation S-K) or U.S. GAAP? If not, in what manner should these disclosures be provided?

    78. Are there quantitative and qualitative disclosures that would add transparency about ongoing liquidity risk exposure for BHC registrants? For example, should BHC registrants describe the liquidity risks arising from their assets, derivatives and off-balance-sheet activities? If so, what disclosures would be important for investors and in what manner should they be provided? For example, should we require these BHC registrants to disclose their compliance with and the calculation of their bank regulatory LCR?

    79. What non-GAAP financial measures do BHC registrants provide concerning short-term funding? Should we require BHC registrants to disclose any of these measures to enhance the comparability of information for investors?

    80. Do the short-term borrowings disclosures properly balance the benefits to investors and the costs to BHC registrants? If no, why?

    81. Should we consider requiring disclosure of a liquidity mismatch index (MMI) 228 or other measure of maturity mismatch for BHC registrants? If so, what measure would be useful for investors in making investment decisions?

    228 MMI is a liquidity measure proposed by researchers from the National Bureau of Economic Research in 2011 to measure the mismatch between the market liquidity of assets and the funding liquidity of liabilities. See Brunnermeier, M.K., G. Gorton, and A. Krishnamurthy, 2011, Risk Topography, NBER Macroeconomics Annual., available at http://www.nber.org/chapters/c12412.

    82. Should we consider requiring that the short-term borrowings disclosures called for by Guide 3 be presented in a structured data format, such as XBRL, to facilitate investor comparison of data across BHC registrants and usability of the disclosures? Why or why not? If so, what elements of these disclosures should be tagged so that they can be extracted in a structured data format?

    83. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    84. Should the categories used for disaggregation of these Guide 3 disclosures be closely aligned with those called for in Call Reports and other U.S. banking agency regulatory filings? If so, which ones and why?

    85. Should the short-term borrowings disclosures called for by Guide 3 be extended to other registrants, such as those engaged in the financial services industry? If so, which registrants and which disclosures?

    H. Potential New Disclosures

    As originally published, Guide 3 focused on eliciting what the Division of Corporation Finance believed at the time to be the most significant statistical disclosures relating to the operations of bank holding companies. Over the intervening four decades, and particularly following the passage of the Gramm-Leach-Bliley Act,229 which repealed certain provisions of the Glass-Steagall Act,230 the scope of activities permitted to bank holding companies has expanded significantly. For example, today, some bank holding companies and financial holding companies may engage in operations involving physical commodities, insurance, investment management, asset management and broker-dealer activities that were limited or impermissible at the time of Guide 3's initial publication.

    229 Public Law 106-102, 113 Stat. 1338 (1999).

    230 Public Law 73-66, 48 Stat. 162 (1933). The Glass-Steagall Act contained provisions limiting commercial bank securities activities and affiliations with investment banks. The Gramm-Leach-Blilely Act repealed those anti-affiliation provisions and permitted banks to affiliate with companies engaged in a broad range of financial activities.

    We are considering whether and to what extent refinement of Guide 3 to account for the shifting landscape of the financial industry would yield important information for investors in their evaluation of BHC registrants. Part of this shifting landscape is supervisory or regulatory in nature. For example, in recent years CCAR, DFAST and resolution planning were implemented for certain large banking organizations.231 Consequently, we are seeking input about the effects of regulation on BHC registrants, including with regard to their operations, capital structures, dividend policies and treatment in bankruptcy.

    231 Banking organizations with $50 billion or more in total consolidated assets are subject to the full scope of CCAR and DFAST. DFAST testing and disclosure requirements are significantly reduced for banking organizations with $10 billion to $50 billion in total consolidated assets.

    We also are mindful of how our disclosure regime interacts with the various disclosure requirements of the U.S. banking agencies. In some cases, our disclosure regime and the regimes of the U.S. banking agencies require different types of information or present information in inconsistent ways; in other cases, the various regimes may overlap with or duplicate one another. Guide 3 was originally intended to conform to the information required in reports to the U.S. banking agencies to the “fullest extent possible, consistent with the public interest and the protection of investors,” 232 although gaps between the two regimes have formed over the decades. We are interested in understanding the interrelationships between the securities and banking disclosure regimes, how they differ and whether and how the existing banking disclosures can be leveraged to improve our own disclosure regime. We are cognizant of the fact that securities and banking disclosures serve different purposes in light of the different missions of their respective regulatory regimes. Where our disclosure regime serves our core missions of investor protection, fair, orderly, and efficient markets, and capital formation, the U.S. banking agency regulatory regime is premised largely on ensuring safety and soundness of banking organizations.

    232 Guide 3 Release.

    Guide 3 disclosures currently focus on interest-earning and interest-bearing activities and do not address other revenues that a BHC registrant may earn. Non-interest income represented more than 35% of total net operating revenue for all FDIC-insured institutions for the first three quarters of 2016.233 Examples of non-interest income include trading revenue, fee income from deposits and servicing income. Given the significance of non-interest income, it is important for investors to understand the reasons for its fluctuations. Non-interest income, generally, is a material component of net operating revenue for large FDIC-insured institutions. Trading revenues accounted for more than 24% of net operating revenues for FDIC-insured institutions, with more than $250 billion in assets for the first three quarters of 2016, but accounted for approximately 1% of net operating revenues for FDIC-insured institutions with less than $1 billion in total assets.234 Banking organizations must report disaggregated information about their noninterest income activity in Call Reports.235 We are considering whether to expand Guide 3 to include disclosures on non-interest income activities.

    233See FDIC Quarterly.

    234Id.

    235 Schedule RI-E, RC-P, and RC-T

    We also are considering whether or not more prescriptive disclosures not related specifically to the financial statements would be important for investors. An example is risk management disclosure. In May 2012, the Financial Stability Board established the EDTF with the goal of improving risk disclosures in the financial services industry. In October 2012, the EDTF published a report containing a number of recommendations for enhancing risk disclosures.236 Since 2012, the EDTF has published additional recommendations for enhancing disclosures and status reports on the implementation of the 2012 recommendations.237 Several of the EDTF's recommended disclosures are already addressed by Commission rules, accounting standards or U.S. banking agency disclosure requirements.238 Some of the EDTF's recommendations are intended to help investors better compare banking organizations but would require more standardized or detailed disclosures than currently required by either Commission rules or U.S. GAAP.239 Comparability was a fundamental principle identified by the EDTF for risk disclosures, with a focus on global comparability. We are considering whether industry-specific rules or guidance for these non-financial statement disclosures are needed to elicit more comparability.

    236Report of the Enhanced Disclosure Task Force to the Financial Stability Board, Enhancing the Risk Disclosures of Banks (Oct. 29, 2012), available at http://www.financialstabilityboard.org/publications/r_121029.pdf.

    237See, e.g., the EDTF's position on the disclosure of emergency liquidity assistance (Dec. 7, 2015), available at http://www.fsb.org/2015/12/edtfs-position-on-the-disclosure-of-emergency-liquidity-assistance/.

    238See, e.g., Items 305 and 503(c) of Regulation S-K and ASC 815 for disclosures about derivatives and Pillar 3 for disclosures about risk-weighted assets.

    239 For example, the EDTF recommends a quantitative analysis of the components of the liquidity reserve held to meet liquidity needs, ideally by providing averages as well as period-end balances. The description would be complemented by an explanation of possible limitations on the use of the liquidity reserve maintained in any material subsidiary or currency.

    Finally, we are considering whether our disclosure regime should better utilize technological advances that have occurred over the years that allow information to be provided in a more accessible manner. For example, interactive data allows users to search disclosure documents and extract specific information and compare it to information from other companies, performance in past years and industry averages. Commission rules require registrants to provide their financial statements, including notes and financial statement schedules, in interactive data format using eXtensible Business Language Reporting (XBRL) by filing them with the Commission and posting them on their corporate Web sites.240 Commission rules do not require Guide 3 disclosures to be submitted in XBRL format.

    240 Regulation S-K Item 601(b)(101) and Regulation S-T Item 405. 17 CFR 229.601(b)(101) and 17 CFR 232.405.

    Request for Comment

    86. Are there activities in which BHC registrants engage that are not covered by Guide 3 about which we should require disclosure? For example, should we require disclosure, in addition to that already required by accounting standards, about commodities, asset management or broker-dealer activities? If so, what information is important for investors and what challenges, if any, would BHC registrants face in preparing and providing it? What thresholds should trigger any disclosure requirements we consider?

    87. Are there additional disclosures, either potential new disclosures or disclosures required by other regimes, not already discussed in this request for comment that we should consider for BHC registrants that would be important for investors? If so, what disclosures and how are they similar or dissimilar to the disclosures called for by Guide 3? What challenges, if any, would BHC registrants face in preparing and providing them?

    88. Are there other Commission rules or disclosure guidance we should consider as part of this project that are not already discussed in this request for comment?

    89. Should we require disclosures about non-interest income and/or non-interest expense for BHC registrants? If so, what disclosures should we require and how should these disclosures be presented? For example, should we require statistical disclosures about trading revenue?

    90. Do the current distinctions between Guide 3 disclosures and the Call Reports and other bank regulatory filings enhance investor understanding or contribute to investor confusion? Please indicate which distinctions enhance investor understanding versus contribute to investor confusion and why.

    91. The Dodd-Frank Act requires bank holding companies with total consolidated assets of $50 billion or more and nonbank financial companies designated by the Financial Stability Oversight Council for supervision by the FRB to periodically submit resolution plans to the FRB and the FDIC.241 The plans describe the companies' strategies for rapid and orderly resolution in the event of material financial distress or failure.242 The plans contain a confidential section and a section that the FRB and FDIC make available to the public. Should we require the disclosure in Commission filings of information related to the resolution plans? If so, what types of information should be included and to what extent should BHC registrants describe their plans? What challenges, if any, would BHC registrants face in preparing and providing this information?

    241 Dodd-Frank Act § 165(d).

    242See http://www.federalreserve.gov/bankinforeg/resolution-plans.htm and https://www.fdic.gov/regulations/reform/resplans/.

    92. In recent years, BHC registrants have become subject to many new bank regulatory and capital requirements, including pursuant to the Dodd-Frank Act. Should we specifically require BHC registrants to discuss the effects, when material, of such regulations on their business, financial condition and results of operations? For example, should we require disclosure of the effects of these regulations on their dividend policy or disclosure of an estimate of the costs of such regulations? Why or why not?

    93. Should we require disclosure that summarizes the inputs and results of the various stress testing scenarios that bank holding companies perform? For example, should we require disclosures related to DFAST and its results. Why or why not?

    94. Should we require any of the disclosures recommended in the EDTF report that are not addressed specifically by Commission rules or U.S. GAAP? If so, which ones? For example, should a reconciliation of risk-weighted assets at the beginning and ending of the period be disclosed?

    95. For disclosure areas already addressed by Commission rules or U.S. GAAP, should we consider any EDTF recommendations that could potentially elicit additional or better information? If so, which ones?

    96. Should we expand the scope of our XBRL requirements to apply to the Guide 3 statistical tabular disclosures to facilitate investor comparison of data across BHC registrants? Why or why not?

    97. If we require the Guide 3 tabular disclosures to be submitted in XBRL, are the current requirements for the format and elements of the tables suitable for tagging? If not, how should they be revised?

    98. Should we require disclosure of any of the information provided in Call Reports or other regulatory filings? If so, what information and why? How should the information be presented or included in a Commission filing? Should we require hyperlinks directly to the Call Reports or other regulatory filings that are available on third-party government Web sites? Should it be incorporated by reference?

    III. Applicability of Disclosure Requirements A. Applicability to Registrants Other Than Bank Holding Companies

    Some Commission disclosure requirements and guidance, including Guide 3, apply only to bank holding companies.243 The staff, however, has indicated that such disclosures should also be provided by other registrants with material lending and deposit activities.244 We are considering whether to expand the applicability of those disclosures and others discussed in this request for comment to other registrants. For example, marketplace lenders generally have material amounts of lending activities and may be exposed to some of the same risks as bank holding companies.245 Insurance companies and real estate investment trusts are examples of registrants that also may have material activities in the disclosure areas discussed in this request for comment. Typically registrants in those industries have material investment portfolios and in some cases have material amounts of lending activities. Therefore, we are considering whether the disclosures discussed in this request for comment should employ an activity-based scope rather than a narrow industry-based scope. For example, using an activity-based approach, the disclosures called for by Section II and certain aspects of Section I of Guide 3 could be required to the extent that investments are material to a registrant's operations, whether or not the registrant is a bank holding company.

    243 General Instruction 1 to Guide 3 states that the guide applies to bank holding company Securities Act registration statements for which financial statements are required and to bank holding company registration statements on Form 10, proxy and information statements relating to mergers, consolidations, acquisitions and similar matters and reports filed on Form 10-K. Rule 9-01 of Regulation S-X indicates that Article 9 applies to consolidated financial statements filed for bank holding companies and to any financial statements of banks that are included in filings with the Commission.

    244See SAB 11:K.

    245 Areya Aranoff, “BankThink Line Between Banks and Marketplace Lenders Thinner than You Think.” American Banker, March 11, 2016, available at http://www.americanbanker.com/bankthink/line-between-banks-and-marketplace-lenders-thinner-than-you-think-1079840-1.html.

    Request for Comment

    99. Should the disclosures called for by Guide 3 apply to registrants other than BHC registrants in the financial services industry? Why or why not? If so, which categories of non-BHC registrants should we consider?

    100. Should Guide 3 employ an activity-based approach? If so, how should the disclosures be triggered?

    101. Some Guide 3 disclosures, such as short-term borrowings, employ bright-line percentages or dollar amount thresholds to trigger disclosures. While the use of thresholds provides BHC registrants with certainty and promotes consistency, it does not allow BHC registrants to apply judgment to all facts and circumstances. Would employing a principles-based approach instead of using specific quantitative thresholds improve the effectiveness of the disclosures? Why or why not? What practical issues might arise if registrants apply judgment?

    B. Applicability to Foreign Registrants

    Foreign registrants that qualify as foreign private issuers 246 may present their financial statements in accordance with any of the following:

    246 “Foreign private issuers” are foreign issuers (other than foreign governments) except issuers meeting the following conditions: (1) More than 50% of their outstanding voting securities are directly or indirectly owned of record by residents of the United States, and (2) any of the following: (a) The majority of their executive officers or directors are U.S. citizens or residents, (b) more than 50% of their assets are located in the United States, or (c) their businesses are administered principally in the United States. Securities Act Rule 405 and Exchange Act Rule 3b-4(c). 17 CFR 230.405 and 17 CFR 240.3b-4(c).

    • U.S. GAAP;

    • another comprehensive body of accounting with reconciliation to U.S. GAAP; or

    • IFRS as issued by the IASB without reconciliation to U.S. GAAP.247

    247See Item 17(c) of Form 20-F.

    Foreign registrants that do not qualify as foreign private issuers must present their financial statements in accordance with U.S. GAAP and must use the same registration and reporting forms as domestic registrants. The staff has observed that most foreign registrants that are banking organizations meet the foreign private issuer definition and file their annual reports on Form 20-F or Form 40-F. As a result, most of the Commission disclosure requirements described in Section II of this request for comment apply to them.248 Instruction 6 to Guide 3 indicates that the disclosures apply to these registrants to the extent the information is available or can be compiled without unwarranted or undue burden or expense. The staff has observed that foreign registrants that are banking organizations typically provide the Guide 3 disclosures.

    248 Instructions to Item 4 of Form 20-F indicate that the information specified in any industry guide that applies to the registrant must be furnished. Form 20-F Items 4, 5 and 11 require disclosures similar to Regulation S-K Items 101 (Description of business), 303 (MD&A) and 305 (Quantitative and qualitative disclosures about market risk). Form 40-F does not have a similar requirement, but the staff has observed that Canadian foreign private issuers typically provide Guide 3 disclosures in their Form 40-F filings.

    Because the categories and classifications specified by Guide 3 are influenced heavily by U.S. banking regulation and U.S. GAAP, some categories and classifications may not be relevant for understanding their operations. In addition, the Commission accepted IFRS without reconciliation to U.S. GAAP, for foreign private issuers, only in the last ten years, and Guide 3 was last substantively updated more than 30 years ago. Therefore, Guide 3 does not address the fact that some of its disclosures are not recognized concepts under IFRS. As a result, the staff has observed diversity in the manner in which foreign registrants that are banking organizations and file IFRS financial statements provide this information. For example, because nonaccrual is not a recognized concept under IFRS, the staff has observed disclosure of total impaired loans or disclosure of all past due loans in lieu of providing the nonaccrual loan disclosures called for by Item III.C.1 of Guide 3. Similarly, because the concept of TDRs is not recognized under IFRS, the staff has observed disclosure of all loan modifications, regardless of whether they were undertaken for credit risk management purposes or for commercial or other reasons.

    Further, Guide 3 does not address the differences between U.S. GAAP and IFRS, which are significant. For example, the IASB issued a new accounting standard in July 2014, IFRS 9, that will have a significant impact on the accounting and disclosures for financial instruments. This standard differs from the FASB's two new financial instruments standards, ASU 2016-01 and ASU 2016-13.249 One main difference is that IFRS 9 will require a 12-month expected credit loss measurement unless there has been a significant increase in credit risk, in which case it is lifetime, whereas U.S. GAAP will require only the lifetime expected credit loss measurement. Another difference is that IFRS 9 will allow a registrant to make an election at initial recognition to present subsequent changes in fair value in other comprehensive income for particular investments in equity instruments that otherwise are measured at fair value through profit or loss. At the same time the IASB issued IFRS 9, it also amended IFRS 7 to increase the financial instruments disclosure requirements when IFRS 9 is effective. For example, after adoption of IFRS 9, the standard will require more disclosures about how registrants measure expected credit losses and assess changes in credit risk. There is still no concept of TDRs, but IFRS 7 will require disclosure about financial assets where contractual cash flows have been modified during the period.250

    249 IFRS 9, Financial Instruments, is effective for annual periods beginning on or after January 1, 2018 and permits early application. Both IFRS 9 and ASU 2016-13 eliminate the current incurred loss model, but each standard approaches the expected credit loss model differently.

    250Id.

    We are considering generally the applicability of the Guide 3 disclosures to foreign registrants that are banking organizations, as well as the accommodation provided to them if the information is not available or cannot be compiled without unwarranted or undue burden or expense. We also are considering whether IFRS accounting and disclosure requirements elicit disclosures that are duplicative of or substantially similar to those called for by Guide 3, or whether the disclosures called for by Guide 3 should be different for foreign registrants that are banking organizations. Since there are significant differences between U.S. GAAP and IFRS, we are considering whether investors in foreign registrants that are banking organizations and that prepare their financial statements in accordance with IFRS would lose any important information if we eliminated all duplicative or overlapping Guide 3 disclosures in favor of those in U.S. GAAP.

    Request for Comment

    102. Should foreign registrants that are banking organizations provide the disclosures discussed in this request for comment? Why or why not?

    103. Is the information called for by Guide 3 generally available to foreign registrants that are banking organizations without unwarranted or undue burden or expense such that an accommodation should no longer be provided to these registrants? Why or why not?

    104. Does IFRS require the same or similar information as called for by Guide 3? If so, how is the information similar or dissimilar? Please provide a detailed comparison.

    105. What concepts or disclosures called for by Guide 3 are not recognized or contradict with IFRS? Please provide a detailed list.

    106. Would investors in foreign registrants that are banking organizations and that prepare their financial statements in accordance with IFRS lose any important information if we were to eliminate all Guide 3 disclosures that are duplicative of or overlap with current U.S. GAAP? If so, which information would be lost?

    107. While investors do not have experience with the disclosures that will be required by IFRS 9, is there information about financial instruments under an expected credit loss model that would be useful for investors in making investment and voting decisions? If so, please indicate which and whether registrants would face any challenges in preparing and providing the information?

    C. Size Thresholds and Reporting Periods

    Guide 3 applies to all bank holding company registrants, regardless of size. However, Guide 3 calls for those registrants with less than $200 million in total assets or less than $10 million of equity to provide scaled disclosures in terms of the number of periods presented.251 Commission rules also make certain scaled disclosures available to registrants that meet the definition of smaller reporting company and emerging growth company. Because the number of registrants eligible for scaled disclosures under those definitions is larger than the number that are eligible for Guide 3 scaled disclosures, we are considering whether the disclosures called for by Guide 3 should be scaled further.

    251 General Instruction 3 to Guide 3 provides that registrants below the prescribed thresholds may provide disclosures for each of the past two fiscal years instead of each of the past three or five years.

    Guide 3 currently calls for five years of loan portfolio and summary of loan loss experience data and three years of data for all other information.252 In addition, Guide 3 reporting periods include interim periods only when necessary.253 Regulation S-X generally requires two years of balance sheets and three years of income statements,254 except that smaller reporting companies may present only two years of income statements 255 and emerging growth companies may present only two years of financial statements for initial public offerings of common equity securities.256 In some instances, U.S. GAAP and/or Regulation S-X require similar disclosures to those specified in Guide 3, but for different periods. For example, Guide 3, Article 9 and U.S. GAAP all contain categorized investment portfolio disclosures, but Article 9 and U.S. GAAP 257 require disclosures for the balance sheet periods presented, generally two years, while Section II.A of Guide 3 calls for three years.

    252 Guide 3 originally called for five years of disclosures for all items, but the reporting periods were generally reduced in 1980. 1980 Guide 3 Amendments Release.

    253 Instruction 3(d) of Guide 3.

    254 17 CFR 210.3-01 and 3-02.

    255 17 CFR 210.8-02.

    256 Securities Act § 7(a)(2)(A).

    257 ASC 320-10-45.

    Guide 3's five-year presentation of loan portfolio and allowance for loan losses data provides a basis for statistical trend analysis and identifies unusual or non-recurring events which may have affected the loan portfolio and its related provision for loan losses.258 Similarly, the selected financial data requirement in Item 301 of Regulation S-K 259 that generally requires five years of information 260 was designed to highlight historical trends in significant data relating to financial condition and results of operations over a five-year period.261 We are considering whether the Guide 3 reporting periods, which generally are greater than most Commission disclosure requirements except for interim periods, facilitates trend analysis that investors rely upon or if the periods should be modified to be consistent with the requirements of Regulation S-X for both annual and interim reporting.

    258 Information about nonperforming loans was originally proposed to cover a three-year period but was increased to five years because the staff believed the data would show trends indicative of management policies concerning non-performing loans. Guide 3 Release.

    259 17 CFR 229.301.

    260 Smaller reporting companies are not required to present selected financial data. See Item 301(c) of Regulation S-K. Emerging growth companies are not required to present selected financial data for any period earlier than the earliest audited period presented in connection with their initial public offerings. See Securities Act § 7(a)(2)(A) and Exchange Act § 13(a).

    261See Staff Report on Review of Disclosure Requirements in Regulation S-K (Dec. 2013) available at http://www.sec.gov/news/studies/2013/reg-sk-disclosure-requirements-review.pdf. See also Amendments to Annual Report Form, Related Forms, Rules, Regulations and Guides; Integration of Securities Acts Disclosure Systems, Release No. 33-6231 (Sept. 2, 1980) [45 FR 63630] (stating that “the Commission believes that five-year information is relevant primarily where it can be related to trends in the registrant's continuing operations”).

    Request for Comment

    108. Should the reporting periods called for by Guide 3 be modified, and if so, how? For example, should the Guide 3 reporting periods be reduced to match the Regulation S-X requirements and the scaled disclosure requirements for smaller reporting companies and emerging growth companies?

    109. Should the Guide 3 reporting periods explicitly include interim periods so investors receive the information more frequently than once a year?

    110. Should we eliminate the reporting period size threshold in Guide 3? Why or why not?

    111. What is the minimum number of periods an investor needs to analyze and comprehend changes in trends? Do investors need five years of information to analyze and comprehend fully changes in trends in asset quality and loan losses?

    112. If the reporting periods are reduced, should BHC registrants without reporting histories or publicly available financial information provide additional years of disclosures?

    IV. Closing

    This request for comment is not intended to limit the scope of comments, views, issues or approaches to be considered. In addition to investors and registrants, the Commission welcomes comment from other market participants and particularly welcomes statistical, empirical and other data from commenters that may support their views and/or support or refute the views or issues raised.

    By the Commission.

    Dated: March 1, 2017. Brent J. Fields, Secretary.
    [FR Doc. 2017-04329 Filed 3-6-17; 8:45 am] BILLING CODE 8011-01-P
    82 43 Tuesday, March 7, 2017 Notices DEPARTMENT OF AGRICULTURE Office of Advocacy and Outreach Advisory Committee on Beginning Farmers and Ranchers; Request for Nominations AGENCY:

    Office of Advocacy and Outreach, USDA.

    ACTION:

    Notice of request for nominations.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, notice is hereby given that the Secretary of Agriculture is soliciting nominations for membership to fill six positions on the Advisory Committee on Beginning Farmers and Ranchers (the “Committee”).

    DATES:

    Consideration will be given to nominations received on or before March 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mrs. Kenya Nicholas, Designated Federal Official, USDA Office of Advocacy and Outreach, 1400 Independence Avenue SW., Washington, DC 20250-0170; (202) 720-6350; email: [email protected]

    ADDRESSES:

    Nomination packages may be sent by postal mail or commercial delivery to: Office of the Secretary, U.S. Department of Agriculture, 1400 Independence Avenue SW., Mail Stop 0601, Washington, DC 20250, Attn: Advisory Committee on Beginning Farmers and Ranchers. Nomination packages may also be faxed to (202) 720-7704.

    SUPPLEMENTARY INFORMATION:

    The Committee advises the Secretary of Agriculture on matters broadly affecting new farmers and ranchers including strategies, policies, and programs that will enhance opportunities and create new farming and ranching operations. The Committee will consider Department goals and objectives necessary to implement prior recommendations. The Committee will develop and recommend an overall framework and strategies to encompass principles that leverage and maximize existing programs, and create and test new program opportunities.

    In this notice, we are soliciting nominations from interested organizations and individuals from among ranching and farming producers (industry), related government, State, and Tribal agricultural agencies, academic institutions, commercial banking entities, trade associations, and related nonprofit enterprises. An organization may nominate individuals from within or outside its membership; alternatively, an individual may nominate herself or himself. Nomination packages should include a nomination form along with a cover letter or resume that documents the nominee's background and experience. Nomination forms are available on the Internet at https://www.ocio.usda.gov/document/ad-755 or may be obtained from the person listed under

    The Secretary will select up to six members from among those organizations and individuals solicited in order to obtain the broadest possible representation on the Committee, pursuant to Section 5 of the Agricultural Credit Improvement Act of 1992 (Pub. L. 102-554), in accordance with the FACA and U.S. Department of Agriculture (USDA) Regulation 1041-1. Equal opportunity practices, in line with the USDA policies, will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by the Department, membership should include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities.

    Done in Washington, DC, this 1st day of March 2017. Christian Obineme, Associate Director, Office of Advocacy and Outreach.
    [FR Doc. 2017-04392 Filed 3-6-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Office of Advocacy and Outreach (OAO) Advisory Committee on Minority Farmers; Notice of Solicitation for Membership AGENCY:

    Office of Advocacy and Outreach, USDA.

    ACTION:

    Notice of Solicitation for Membership.

    SUMMARY:

    Pursuant to the Federal Advisory Committee Act, notice is hereby given that the Secretary of Agriculture is soliciting nominations for membership for the Advisory Committee on Minority Farmers (the “Committee”) to serve a term of up to 2 years.

    DATES:

    Consideration will be given to nominations received on or before March 31, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Mrs. Kenya Nicholas, Designated Federal Official, USDA Office of Advocacy and Outreach, 1400 Independence Avenue SW., Washington, DC 20250-0170; (202) 720-6350; email: [email protected]

    ADDRESSES:

    Nomination packages may be sent by postal mail or commercial delivery to: Office of the Secretary, U.S. Department of Agriculture, 1400 Independence Avenue SW., Mail Stop 0601, Washington, DC 20250, Attn: Advisory Committee on Minority Farmers. Nomination packages may also be faxed to (202) 720-7704.

    SUPPLEMENTARY INFORMATION:

    The Advisory Committee for Minority Farmers (ACMF) will advise the Secretary of Agriculture on strategies to heighten participation of historically socially disadvantaged farmers and ranchers in the USDA's assistance programs. The ACMF will also advise the Secretary on outreach and administration of competitive grants programs and how the USDA may enhance its efforts to build an inclusive future for this targeted group of minority farmers. The ACMF may also look at the civil rights activities of USDA and how they affect USDA programs in general.

    We are soliciting nominations from socially disadvantaged farming and ranching producers; civil rights professionals; private nonprofit organizations that support socially disadvantaged producers; and higher education institutions that work with socially disadvantaged producers. The membership term shall not exceed 2 years from the date of appointment. The Secretary may also appoint others as deemed necessary and appropriate to fulfill the ACMF charter.

    An organization may nominate individuals from within or outside its membership; alternatively, an individual may nominate herself or himself. Current members may likewise apply for reappointment. Nomination packages should include a nomination form along with a cover letter or resume that documents the nominee's background and experience. Nomination forms are available on the Internet at: http://www.ocio.usda.gov/forms/doc/AD-755.pdf. The Secretary will select up to 20 members to obtain the broadest possible representation on the Committee, in accordance with the Federal Advisory Committee Act (5 U.S.C. App.2) and U.S. Department of Agriculture (USDA) Regulation 1041-1. Equal opportunity practices, in line with the USDA policies, will be followed in all appointments to the Committee. To ensure that the recommendations of the Committee have taken into account the needs of the diverse groups served by the Department, membership should include, to the extent practicable, individuals with demonstrated ability to represent minorities, women, and persons with disabilities.

    Office Initials & date Office Initials & date Signed in Washington, DC, this 1 day of March 2017. Christian Obineme, Associate Director, Office of Advocacy and Outreach.
    [FR Doc. 2017-04395 Filed 3-6-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Doc. No. AMS-TM-17-0017] Notice of Request for Extension of a Currently Approved Information Collection AGENCY:

    Agricultural Marketing Service, USDA.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    In accordance with the Paperwork Reduction Act of 1995, this notice announces the Agricultural Marketing Service's (AMS) intention to request approval, from the Office of Management and Budget, for an extension without change of a currently approved information collection titled Data Collection for Container Availability.

    DATES:

    Comments on this notice must be received by May 8, 2017 to be assured of consideration.

    FOR FURTHER INFORMATION CONTACT:

    April Taylor, Transportation Services Division, Transportation and Marketing Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Ave SW.—Room 4523 South, Stop 0266, Washington, DC, 20250, telephone 202-295-7374, fax 202-690-2451.

    SUPPLEMENTARY INFORMATION:

    Title: Data Collection for Container Availability.

    OMB Number: 0581-0276.

    Expiration Date of Approval: September 30, 2017.

    Type of Request: Extension without change of a currently approved information collection.

    Abstract: The Agricultural Marketing Act of 1946 (7 U.S.C. 1621-1627) directs and authorizes the collection and dissemination of marketing information including adequate outlook information, on a market area basis, for the purpose of anticipating and meeting consumer requirements aiding in the maintenance of farm income and to bring about a balance between production and utilization.

    As part of the Agricultural Marketing Service, the Transportation Services Division (TSD) provides insightful agricultural transportation information and analysis to help move agricultural products to market. TSD informs, represents, and assists agricultural shippers and government policymakers through: Market reports, representation, analysis, assistance, and responses to inquiries. TSD collects data for its analysis from public resources as well as unique data sources to help the agricultural exporters make the most out of the transportation options available.

    The Data Collection for Container Availability provides U.S. agricultural exporters with weekly data detailing the availability of containers at 18 select locations around the country. AMS collects these data on a voluntary basis from ocean container carriers and then provides these up-to-date data in an aggregate report on its Web site. The goal of the report is to provide more transparency in the market for the location and availability of marine shipping containers for U.S. exporters. Exporters use this tool to make more knowledgeable decisions about which locations provide the best chance for finding available containers to move their products overseas.

    Estimate of Burden: Public reporting burden for this collection of information is estimated to average 1.61 hours per response.

    Respondents: Ocean Container/Liner Carriers and the Transpacific Stabilization Agreement.

    Estimated Number of Respondents: 21.

    Estimated Total Annual Responses: 1,092.

    Estimated Number of Responses per Respondent: 52.

    Estimated Total Annual Burden on Respondents: 1,759.26.

    Comments are invited on: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) the accuracy of the agency's estimate of the burden of the proposed collection of information including the validity of the methodology and assumptions used; (3) 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 the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. Comments may be sent to April Taylor, Transportation Services Division, Transportation and Marketing Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence, Ave SW.—Rm 4523 South, Stop 0266, Washington, DC, 20250, telephone 202-295-7374, fax 202-690-2451. All comments received will be available for public inspection during regular business hours at the same address.

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

    Dated: March 2, 2017. Bruce Summers, Acting Administrator, Agricultural Marketing Service.
    [FR Doc. 2017-04463 Filed 3-6-17; 8:45 am] BILLING CODE 3410-02-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2017-0006] Codex Alimentarius Commission: Codex Committee on Pesticide Residues (CCPR) AGENCY:

    Office of Food Safety, USDA.

    ACTION:

    Notice of public meeting and request for comments.

    SUMMARY:

    The Office of Food Safety, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service (FSIS), and the U.S. Environmental Protection Agency (EPA) are sponsoring a public meeting on April 4, 2017. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 49th Session of the Codex Committee on Pesticide Residues (CCPR) of the Codex Alimentarius Commission (Codex), taking place in Beijing, China April 24-29, 2017. The Administrator and Acting Deputy Under Secretary, Office of Food Safety and the EPA recognize the importance of providing interested parties the opportunity to obtain background information on the 49th Session of the CCPR and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Tuesday, April 4, 2017, from 1:30 p.m.-3:30 p.m.

    ADDRESSES:

    The public meeting will take place at the United States Environmental Protection Agency, Room S-7100, One Potomac Yard South, 2777 South Crystal Drive, Arlington, VA, 22202.

    Documents related to the 49th Session of the CCPR are accessible via Internet at the following address: http://www.codexalimentarius.org/meetings-reports/en/.

    Captain David Miller, U.S. Delegate to the 49th Session of the CCPR, and the EPA and the U.S. Department of Agriculture, invite interested U.S. parties to submit their comments electronically to the following email address: [email protected]

    Call-In-Number: If you wish to participate in the public meeting for the 49th Session of the CCPR by conference call, please use the call-in-number and participant listed below:

    Call-in-Number: 1-888-844-9904.

    Participant Code: 5125092.

    FOR FURTHER INFORMATION ABOUT THE 49th SESSION OF THE CCPR CONTACT:

    Captain David Miller, Chief, Chemistry & Exposure Branch and Acting Chief, Toxicology & Epidemiology Branch, Health Effects Division, Ariel Rios Building, 1200 Pennsylvania Avenue NW., Washington, DC 20460, Telephone: (703) 305-5352, Fax: (703) 305-5147; Email: [email protected].

    FOR FURTHER INFORMATION ABOUT THE PUBLIC MEETING CONTACT:

    Marie Maratos, U.S. Codex Office, 1400 Independence Avenue SW., Room 4861, Washington, DC 20250, Telephone: (202) 205-7760, Fax: (202) 720-3157, Email: [email protected].

    SUPPLEMENTARY INFORMATION: Background

    The Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization (FAO) and the World Health Organization (WHO). Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, the Codex seeks to protect the health of consumers and ensure that fair practices are used in trade.

    The CCPR is responsible for establishing maximum limits for pesticide residues in specific food items or in groups of food; establishing maximum limits for pesticide residues in certain animal feeding stuffs moving in international trade where this is justified for reasons of protection of human health; preparing priority lists of pesticides for evaluation by the Joint FAO/WHO Meeting on Pesticide Residues (JMPR); considering methods of sampling and analysis for the determination of pesticide residues in food and feed; considering other matters in relation to the safety of food and feed containing pesticide residues; and establishing maximum limits for environmental and industrial contaminants showing chemical or other similarity to pesticides, in specific food items or groups of food.

    The CCPR is hosted by China, The United States attends this committee as a member country of the Codex Alimentarius.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 49th Session of the CCPR will be discussed during the public meeting:

    • Matters referred to the Committee Codex or other subsidiary bodies;

    • Matters of interest arising from the FAO and WHO;

    • Matters of interest arising from other international organizations;

    • Report on items of general consideration by the 2016 JMPR;

    • Report on 2016 JMPR responses to specific concerns raised by CCPR;

    • Draft and proposed draft maximum residue limits for pesticides in food and feed at steps 7 and 4;

    • Draft and proposed revision of the Classification of Food and Feed at Steps 7 and 4: Vegetable commodity groups;

    • Draft revision of the Classification of Food and Feed at Step 7: Selected commodity groups Group 020—Grasses of cereal grains);

    • Proposed draft revision of the Classification of Food and Feed at Step 4: Selected commodity groups (Group 021—Grasses for sugars or syrup production);

    • Proposed draft revision of the Classification of Food and Feed at Step 4: Selected commodity groups (Group 024—Seeds for beverages and sweets);

    • Proposed draft Tables—Examples of selection of representative commodities (vegetable and other commodity groups) (for inclusion in the Principles and guidance for the selection of representative commodities for the extrapolation of maximum residue limits for pesticides to commodity groups) at Step 4;

    • Draft Guidelines on performance criteria for methods of analysis for the determination of pesticide residues in food at Step 7;

    • Discussion paper on the possible revision of the International Estimated Short Term Intake equations;

    • Establishment of Codex Schedules and Priority Lists of Pesticides; and

    • Other Business and Future Work.

    Each issue listed will be fully described in documents distributed, or to be distributed, by the Secretariat before to the Meeting. Members of the public may access or request copies of these documents (see ADDRESSES).

    Public Meeting

    At the April 4, 2017 public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Captain David Miller, U.S. Delegate for the 49th Session of the CCPR. (see ADDRESSES). Written comments should state that they relate to activities of the 49th Session of the CCPR.

    Additional Public Notification

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

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

    USDA Non-Discrimination Statement

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

    How To File a Complaint of Discrimination

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

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

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.

    Fax: (202) 690-7442.

    Email: [email protected]

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

    Done at Washington, DC, on: March 2, 2017. Paulo Almeida, Acting U.S. Manager for Codex Alimentarius.
    [FR Doc. 2017-04451 Filed 3-6-17; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2017-0009] Codex Alimentarius Commission: Meeting of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) AGENCY:

    Office of Food Safety, USDA.

    ACTION:

    Notice of public meeting and request for comments.

    SUMMARY:

    The Office of Food Safety, U.S. Department of Agriculture (USDA), Food Safety and Inspection Service FSIS), is sponsoring a public meeting on April 6, 2017. The objective of the public meeting is to provide information and receive public comments on agenda items and draft United States (U.S.) positions to be discussed at the 23rd Session of the Codex Committee on Food Import and Export Inspection and Certification Systems (CCFICS) of the Codex Alimentarius Commission (Codex), taking place in Australia between May 1 and 5, 2017. The Administrator and Acting Deputy Under Secretary, Office of Food Safety recognizes the importance of providing interested parties the opportunity to obtain background information on the 23rd Session of the CCFICS and to address items on the agenda.

    DATES:

    The public meeting is scheduled for Thursday, April 6, 2017, from 1:00 p.m.-3:00 p.m.

    ADDRESSES:

    The public meeting will take place at the United States Department of Agriculture (USDA), Jamie L. Whitten Building, 1400 Independence Avenue SW., Room 107-A, Washington, DC 20250. Documents related to the 23rd Session of the CCFICS will be accessible via the Internet at the following address: http://www.codexalimentarius.org/meetings-reports/en

    Mary Stanley, U.S. Delegate to the 23rd Session of the CCFICS invites U.S. interested parties to submit their comments electronically to the following email address: [email protected]

    Call-In-Number: If you wish to participate in the public meeting for the 23rd Session of the CCFICS by conference call, please use the call-in-number and participant code listed below:

    Call-In-Number: 1-888-844-9904.

    The participant code will be posted on the Web page below: http://www.fsis.usda.gov/wps/portal/fsis/topics/international-affairs/us-codex-alimentarius/public-meetings.

    REGISTRATION:

    Attendees may register to attend the public meeting by emailing [email protected] by April 4, 2017. Early registration is encouraged because it will expedite entry into the building. The meeting will take place in a Federal building. Attendees should bring photo identification and plan for adequate time to pass through the security screening systems. Attendees who are not able to attend the meeting in person, but who wish to participate, may do so by phone, as discussed above.

    FOR FURTHER INFORMATION ABOUT THE 23rd SESSION OF THE CCFICS CONTACT:

    Mary Stanley, Director, Office of International Coordination, Food Safety and Inspection Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 2925, South Agriculture Building, Washington, DC 20250, Phone: (202) 720-0287, Fax: (202) 720-4929, Email: [email protected]

    FOR FURTHER INFORMATION ABOUT THE PUBLIC MEETING CONTACT:

    Kenneth Lowery, U.S. Codex Office, 1400 Independence Avenue SW., Room 4861, South Agriculture Building, Washington, DC 20250 Phone: (202) 690-4042, Fax: (202) 720-3157, Email: [email protected]

    SUPPLEMENTARY INFORMATION:

    Background

    Codex was established in 1963 by two United Nations organizations, the Food and Agriculture Organization and the World Health Organization. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to protect the health of consumers and ensure fair practices in the food trade.

    The CCFICS is responsible for:

    (a) Developing principles and guidelines for food import and export inspection and certification systems, with a view to harmonizing methods and procedures that protect the health of consumers, ensure fair trading practices, and facilitate international trade in foodstuffs;

    (b) Developing principles and guidelines for the application of measures by the competent authorities of exporting and importing countries to provide assurance, where necessary, that foodstuffs comply with requirements, especially statutory health requirements;

    (c) Developing guidelines for the utilization, as and when appropriate, of quality assurance systems to ensure that foodstuffs conform with requirements and to promote the recognition of these systems in facilitating trade in food products under bilateral/multilateral arrangements by countries;

    (d) Developing guidelines and criteria with respect to format, declarations and language of such official certificates as countries may require with a view towards international harmonization;

    (e) Making recommendations for information exchange in relation to food import/export control;

    (f) Consulting as necessary with other international groups working on matters related to food inspection and certification systems; and

    (g) Considering other matters assigned to it by the Commission in relation to food inspection and certification systems.

    The CCFICS is hosted by Australia. The U.S. attends CCFICS as a member country to the Codex.

    Issues To Be Discussed at the Public Meeting

    The following items on the Agenda for the 23rd Session of the CCFICS will be discussed during the public meeting:

    • Discussion paper on system comparability/equivalence;

    • Discussion paper on the use of electronic certificates by competent authorities and migration to paperless certification;

    • Discussion paper on third party certification (with broad parameters);

    • Discussion paper on consideration of emerging issues and future directions for the work of CCFICS;

    • Discussion paper on food integrity/food authenticity as emerging issues; and

    • Other business and future work.

    Each issue listed will be fully described in documents distributed, or to be distributed by the Secretariat before to the Committee Meeting. Members of the public may access or request copies of these documents (see ADDRESSES).

    Public Meeting

    At the April 6, 2017, public meeting, draft U.S. positions on the agenda items will be described and discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to Mary Stanley, U.S. Delegate for the 23rd Session of the CCFICS (see ADDRESSES). Written comments should state that they relate to activities of the 23rd Session of the CCFICS.

    Additional Public Notification

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

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

    USDA Non-Discrimination Statement

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

    How To File a Complaint of Discrimination

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

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

    Mail: U.S. Department of Agriculture, Director, Office of Adjudication, 1400 Independence Avenue SW., Washington, DC 20250-9410.

    Fax: (202) 690-7442.

    Email: [email protected].

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

    Done at Washington, DC on March 2, 2017. Paulo Almeida, Acting U.S. Manager for Codex Alimentarius.
    [FR Doc. 2017-04453 Filed 3-6-17; 8:45 am] BILLING CODE 3410-DM-P
    DEPARTMENT OF COMMERCE Office of Policy and Strategic Planning [Docket Number: 170302221-7221-01] Impact of Federal Regulations on Domestic Manufacturing AGENCY:

    Office of Policy and Strategic Planning, Department of Commerce.

    ACTION:

    Notice; request for information (RFI).

    SUMMARY:

    The Department of Commerce is seeking information on the impact of Federal permitting requirements on the construction and expansion of domestic manufacturing facilities and on regulations that adversely impact domestic manufacturers. As directed by President Trump's Memorandum of January 24, 2017, “Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing,” the Secretary of Commerce, in coordination with the Secretaries of Agriculture and Energy, the Administrator of the Environmental Protection Agency, the Director of the Office of Management and Budget, the Administrator of the Small Business Administration, and other appropriate agency heads, is conducting outreach to stakeholders concerning the impact of Federal regulations on domestic manufacturing, and is soliciting comments from the public concerning Federal actions to streamline permitting for the construction and expansion of domestic manufacturing facilities and to reduce regulatory burdens for domestic manufacturers. Responses to this RFI—which will be posted at http://www.regulations.gov—will inform the report of the Secretary of Commerce to the President, required under the Presidential Memorandum, setting forth a plan to streamline Federal permitting processes for domestic manufacturing and to reduce regulatory burdens affecting domestic manufacturers.

    DATES:

    Comments must be received by 5 p.m. Eastern time on March 31, 2017.

    ADDRESSES:

    The preferred method for submission of comments is via http://www.regulations.gov (at the home page, enter DOC-2017-0001 in the “Search” box, click the “Comment Now!” icon, complete the required fields, and enter or attach your comments). Alternatively, comments may be sent: Via mail carrier to The Office of Policy and Strategic Planning, Department of Commerce, H.C. Hoover Building Rm. 5863, 1401 Constitution Ave. NW., Washington, DC. 20230. All submissions, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, or names of other individuals, should not be included. Submissions will not be edited to remove any identifying or contact information. Do not submit confidential business information, or otherwise sensitive or protected information. Attachments to electronic comments will be accepted in Microsoft Word or Excel, or Adobe PDF formats only. Please do not submit additional materials. Comments containing references, studies, research, and other empirical data that are not widely published should include electronic copies of the referenced materials. All comments received in response to this RFI will be made available publicly at http://www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    For questions about this notice, contact: Carter Halfman, U.S. Department of Commerce, Office of Policy and Strategic Planning, at 202-482-7466. Please direct media inquiries to the Department of Commerce Office of Public Affairs at 202-482-4883, or [email protected]

    SUPPLEMENTARY INFORMATION:

    President Trump's Memorandum of January 24, 2017, “Streamlining Permitting and Reducing Regulatory Burdens for Domestic Manufacturing” (82 FR 8667) directs the Secretary of Commerce to conduct outreach to stakeholders concerning the impact of Federal regulations on domestic manufacturing. The Department of Commerce is soliciting comments from the public concerning Federal actions to streamline permitting and reduce regulatory burdens for domestic manufacturers. For the purposes of this effort, “domestic manufacturers” refers to private businesses located in the United States (and its territories) engaged in the mechanical, physical, or chemical transformation of materials, substances, or components into new products, consistent with the 2017 North American Industry Classification System (NAICS) definition of Sector 31-33: Manufacturing.

    Responses to this RFI will inform the Secretary's report to the President which will set forth guidelines for Federal permitting and regulatory agencies to streamline Federal permitting processes for domestic manufacturing and reduce regulatory burdens affecting domestic manufacturers. The plan will be coordinated with related activities under existing laws (e.g., FAST-41 1 ) and executive actions (e.g., Executive Order 13771 on “Reducing Regulation and Controlling Regulatory Costs,” (82 FR 9339, Jan. 30, 2017)).

    1 42 U.S.C. 4370m et seq.

    Request for Information

    Given the nature and importance of the Presidential Memorandum, the Secretary requests information from stakeholders about how the construction, operation, and expansion of domestic manufacturing facilities are affected by (1) the process of acquiring Federal permits required for the construction, expansion, or operation of such facilities and (2) the burdens of complying with Federal regulations for manufacturing facility construction, expansion, or operation.

    Through this RFI, the Department is seeking information from stakeholders (such as manufacturers, trade associations, and other interested parties) about the Federal permitting process and regulatory burdens affecting domestic manufacturing. The Secretary seeks information that will assist the Department in developing a proposal to reduce regulatory burdens and streamline or otherwise improve the permitting process by understanding the cumulative burden of federal regulations and permits and by improving efficiency, transparency, and certainty in the process.

    You may respond to any, all or none of the following questions/requests for information, and may address related topics. Please identify the questions or topic areas each of your comments addresses. These questions are directed towards domestic manufacturers and their stakeholders. Responses may include estimates. Please indicate where the response is an estimate. Respondents may organize their submissions in response to this RFI in any manner, and all responses that comply with the requirements listed in the DATES and ADDRESSES sections of this notice will be considered.

    General Information:

    a. NAICS code(s)

    b. What do you manufacture?

    c. Where are your facilities located?

    d. How many employees?

    e. Approximate sales revenue?

    Manufacturing Permitting Process

    1. How many permits from a Federal agency are required to build, expand or operate your manufacturing facilities? Which Federal agencies require permits and how long does it take to obtain them?

    2. Do any of the Federal permits overlap with (or duplicate) other federal permits or those required by State or local agencies? If the answer is yes, how many permits? From which Federal agencies?

    3. Briefly describe the most onerous part of your permitting process.

    4. If you could make one change to the Federal permitting process applicable to your manufacturing business or facilities, what would it be? How could the permitting process be modified to better suit your needs?

    5. Are there Federal, State, or local agencies that you have worked with on permitting whose practices should be widely implemented? What is it you like about those practices?

    Regulatory Burden/Compliance:

    1. Please list the top four regulations that you believe are most burdensome for your manufacturing business. Please identify the agency that issues each one. Specific citation of codes from the Code of Federal Regulations would be appreciated.

    2. How could regulatory compliance be simplified within your industry or sector?

    3. Please provide any other specific recommendations, not addressed by the questions above, that you believe would help reduce unnecessary Federal agency regulation of your business.

    Dated: March 2, 2017. Earl Comstock, Director of Policy and Strategic Planning.
    [FR Doc. 2017-04516 Filed 3-3-17; 11:15 am] BILLING CODE 3510-17-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-28-2017] Foreign-Trade Zone 163—Ponce, Puerto Rico; Application for Subzone; Caribe Rx Services, Inc.; Caguas, Puerto Rico

    An application has been submitted to the Foreign-Trade Zones Board (the Board) by CODEZOL, C.D., grantee of FTZ 163, requesting subzone status for the facility of Caribe Rx Services, Inc., located in Caguas, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on March 1, 2017.

    The proposed subzone (2.1 acres) is located at Road #1 Km. 39.9, Bo. Turabo, Caguas, Puerto Rico. The proposed subzone would be subject to the existing activation limit of FTZ 163. No authorization for production activity has been requested at this time. The proposed subzone encompasses the boundaries of FTZ 163—Site 14 which expires May 31, 2017.

    In accordance with the Board's regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary.

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 17, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 1, 2017.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: March 2, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04443 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-29-2017] Foreign-Trade Zone 163—Ponce, Puerto Rico; Application for Subzone; R.Ortiz Auto Distributors, Inc.; Caguas, Puerto Rico

    An application has been submitted to the Foreign-Trade Zones Board (the Board) by CODEZOL, C.D., grantee of FTZ 163, requesting subzone status for the facility of R.Ortiz Auto Distributors, Inc., located in Caguas, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR 400). It was formally docketed on March 1, 2017.

    The proposed subzone (1.8 acres) is located at Road #189 Km. 2.0, Caguax Industrial Park, Caguas, Puerto Rico. The proposed subzone would be subject to the existing activation limit of FTZ 163. No authorization for production activity has been requested at this time. The proposed subzone encompasses the boundaries of FTZ 163—Site 15 which expires May 31, 2017.

    In accordance with the Board's regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary.

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 17, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 1, 2017.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: March 2, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04437 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [B-15-2017] Foreign-Trade Zone (FTZ) 265—Conroe, Texas; Notification of Proposed Production Activity; Bauer Manufacturing LLC dba NEORig (Stationary Oil/Gas Drilling Rigs); Conroe, Texas

    The City of Conroe, Texas, grantee of FTZ 265, submitted a notification of proposed production activity to the FTZ Board on behalf of Bauer Manufacturing LLC dba NEORig (Bauer), located in Conroe, Texas. The notification conforming to the requirements of the regulations of the FTZ Board (15 CFR 400.22) was received on February 24, 2017.

    Bauer already has authority to produce pile drivers and leads, boring machinery, foundation construction equipment, foundation casings and related parts and sub-assemblies, tools and accessories for pile drivers, and stationary oil/gas drilling rigs and related subassemblies within Site 1 of FTZ 265. The current request would add foreign status materials/components to the scope of authority. Pursuant to 15 CFR 400.14(b), additional FTZ authority would be limited to the specific foreign-status materials/components described in the submitted notification (as described below) and subsequently authorized by the FTZ Board.

    Production under FTZ procedures could exempt Bauer from customs duty payments on the foreign-status materials/components used in export production. On its domestic sales, Bauer would be able to choose the duty rates during customs entry procedures that apply to the company's finished products previously approved by the FTZ Board (duty rate ranges from duty-free to 5%) for the foreign-status materials/components noted below and in the existing scope of authority. Customs duties also could possibly be deferred or reduced on foreign-status production equipment.

    The materials/components sourced from abroad include: V-belts (without textiles); V-belts (with textiles); steel structures for rigs; deadline anchors; filters for internal combustion engines; utility winches; hand winches; copper, iron and steel non-return check valves; safety/relief valves; blowout preventer stacks; tapered roller bearings; spherical roller bearings; cylindrical roller bearings; combined ball/roller bearings; combined ball and spherical roller bearings; combined ball and needle roller bearings; combined ball and cylindrical roller beatings; transformers with a capacity not exceeding 1KVA; telephones; CCTV systems; potentionmeters; fluorescent discharge lamps; optical fiber cables; and, hydraulic power units (duty rate ranges from duty-free to 6.6%).

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 17, 2017.

    A copy of the notification will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Elizabeth Whiteman at [email protected] or (202) 482-0473.

    Dated: March 2, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04441 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-30-2017] Foreign-Trade Zone 163—Ponce, Puerto Rico; Application for Subzone; Destilería Serrallés, Inc.; Ponce, Puerto Rico

    An application has been submitted to the Foreign-Trade Zones Board (the Board) by CODEZOL, C.D., grantee of FTZ 163, requesting subzone status for the facilities of Destilería Serrallés, Inc., located in Ponce, Puerto Rico. The application was submitted pursuant to the provisions of the Foreign-Trade Zones Act, as amended (19 U.S.C. 81a-81u), and the regulations of the Board (15 CFR part 400). It was formally docketed on March 1, 2017.

    The proposed subzone (5.8 acres) is located at Calle B Lots 5 and 6, Bo. Canas, Playa de Ponce, Ponce, Puerto Rico. The proposed subzone would be subject to the existing activation limit of FTZ 163. No authorization for production activity has been requested at this time. The proposed subzone encompasses the boundaries of FTZ 163—Site 16 which expires May 31, 2017.

    In accordance with the Board's regulations, Camille Evans of the FTZ Staff is designated examiner to review the application and make recommendations to the Executive Secretary.

    Public comment is invited from interested parties. Submissions shall be addressed to the Board's Executive Secretary at the address below. The closing period for their receipt is April 17, 2017. Rebuttal comments in response to material submitted during the foregoing period may be submitted during the subsequent 15-day period to May 1, 2017.

    A copy of the application will be available for public inspection at the Office of the Executive Secretary, Foreign-Trade Zones Board, Room 21013, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230-0002, and in the “Reading Room” section of the Board's Web site, which is accessible via www.trade.gov/ftz.

    For further information, contact Camille Evans at [email protected] or (202) 482-2350.

    Dated: March 2, 2017. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04436 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Foreign-Trade Zones Board [S-169-2016] Approval of Subzone Status; Brake Parts Inc.; Hazleton, Pennsylvania

    On December 1, 2016, the Executive Secretary of the Foreign-Trade Zones (FTZ) Board docketed an application submitted by the Eastern Distribution Center, Inc., grantee of FTZ 24, requesting subzone status subject to the existing activation limit of FTZ 24, on behalf of Brake Parts Inc., in Hazleton, Pennsylvania.

    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 Executive Secretary (15 CFR Sec. 400.36(f)), the application to establish Subzone 24E is approved, subject to the FTZ Act and the Board's regulations, including Section 400.13, and further subject to FTZ 24's 2,000-acre activation limit.

    Dated: March 2, 2016. Andrew McGilvray, Executive Secretary.
    [FR Doc. 2017-04442 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Sensors and Instrumentation Technical Advisory Committee; Notice of Partially Closed Meeting

    The Sensors and Instrumentation Technical Advisory Committee (SITAC) will meet on April 18, 2017, 9:30 a.m., in the Herbert C. Hoover Building, Room 3884, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on technical questions that affect the level of export controls applicable to sensors and instrumentation equipment and technology.

    Agenda Public Session 1. Welcome and Introductions. 2. Remarks from the Bureau of Industry and Security Management. 3. Industry Presentations. 4. New Business. Closed Session 5. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3).

    The open session will be accessible via teleconference to 20 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected] no later than April 11, 2017.

    A limited number of seats will be available during the public session of the meeting. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate distribution of public presentation materials to the Committee members, the Committee suggests that the materials be forwarded before the meeting to Ms. Springer.

    The Assistant Secretary for Administration, with the concurrence of the General Counsel, formally determined on January 12, 2017 pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d), that the portion of this meeting dealing with pre-decisional changes to the Commerce Control List and U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public.

    For more information contact Yvette Springer on (202) 482-2813.

    Dated: March 2, 2017. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2017-04461 Filed 3-6-17; 8:45 am] BILLING CODE P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Regulations And Procedures Technical Advisory Committee; Notice of Partially Closed Meeting

    The Regulations and Procedures Technical Advisory Committee (RPTAC) will meet March 30, 2017, 9:00 a.m., Room 3884, in the Herbert C. Hoover Building, 14th Street between Constitution and Pennsylvania Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on implementation of the Export Administration Regulations (EAR) and provides for continuing review to update the EAR as needed.

    Agenda Public Session 1. Opening remarks by the Chairman 2. Opening remarks by the Bureau of Industry and Security 3. Presentation of papers or comments by the Public 4. Export Enforcement update 5. Regulations update 6. Working group reports 7. Automated Export System update Closed Session 8. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3).

    The open session will be accessible via teleconference to 25 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected] no later than March 23, 2017.

    A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

    The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 15, 2017, pursuant to Section 10(d) of the Federal Advisory Committee Act, as amended (5 U.S.C. app. 2 § 10(d)), that the portion of the meeting dealing with pre-decisional changes to the Commerce Control List and the U.S. export control policies shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and 10(a)(3). The remaining portions of the meeting will be open to the public.

    For more information, call Yvette Springer at (202) 482-2813.

    Dated: March 2, 2017. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2017-04462 Filed 3-6-17; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Technical Advisory Committees; Notice of Recruitment of Private-Sector Members SUMMARY:

    Seven Technical Advisory Committees (TACs) advise the Department of Commerce on the technical parameters for export controls applicable to dual-use commodities and technology and on the administration of those controls. The TACs are composed of representatives from industry representatives, academic leaders and U.S. Government representing diverse points of view on the concerns of the exporting community. Industry representatives are selected from firms producing a broad range of goods, technologies, and software presently controlled for national security, non-proliferation, foreign policy, and short supply reasons or that are proposed for such controls, balanced to the extent possible among large and small firms.

    TAC members are appointed by the Secretary of Commerce and serve terms of not more than four consecutive years. The membership reflects the Department's commitment to attaining balance and diversity. TAC members must obtain secret-level clearances prior to appointment. These clearances are necessary so that members may be permitted access to the classified information needed to formulate recommendations to the Department of Commerce. Each TAC meets approximately four times per year. Members of the Committees will not be compensated for their services.

    The seven TACs are responsible for advising the Department of Commerce on the technical parameters for export controls and the administration of those controls within the following areas: Information Systems TAC: Control List Categories 3 (electronics), 4 (computers), and 5 (telecommunications and information security); Materials TAC: Control List Category 1 (materials, chemicals, microorganisms, and toxins); Materials Processing Equipment TAC: Control List Category 2 (materials processing); Regulations and Procedures TAC: The Export Administration Regulations (EAR) and Procedures for implementing the EAR; Sensors and Instrumentation TAC: Control List Category 6 (sensors and lasers); Transportation and Related Equipment TAC: Control List Categories 7 (navigation and avionics), 8 (marine), and 9 (propulsion systems, space vehicles, and related equipment) and the Emerging Technology and Research Advisory Committee: (1) The identification of emerging technologies and research and development activities that may be of interest from a dual-use perspective; (2) the prioritization of new and existing controls to determine which are of greatest consequence to national security; (3) the potential impact of dual-use export control requirements on research activities; and (4) the threat to national security posed by the unauthorized exports of technologies.

    To respond to this recruitment notice, please send a copy of your resume to Ms. Yvette Springer at [email protected]

    Deadline: This Notice of Recruitment will be open for one year from its date of publication in the Federal Register.

    FOR FURTHER INFORMATION CONTACT:

    Ms. Yvette Springer on (202) 482-2813.

    Dated: March 2, 2017. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2017-04459 Filed 3-6-17; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE Bureau of Industry and Security Emerging Technology and Research Advisory Committee; Notice of Partially Closed Meeting

    The Emerging Technology and Research Advisory Committee (ETRAC) will meet on March 23-24, 2017, 8:30 a.m., Room 3884, at the Herbert C. Hoover Building, 14th Street between Pennsylvania and Constitution Avenues NW., Washington, DC. The Committee advises the Office of the Assistant Secretary for Export Administration on emerging technology and research activities, including those related to deemed exports.

    Agenda Open Session 1. Welcome Remarks & Update of ETRAC activities 2. Update on Export Control Issues 3. Review: Emerging Technologies in the News: • Regulatory uncertainty and the associated business risk for emerging technologies” by Robert A. Hoerr Springer Science and Business Media B.V. • “Denied Access” Pentagon Betting on New Technologies to Foil Future Adversaries • “China's $9 billion effort to beat the U.S. in genetic testing” Washington Post December 30, 2016 • Tech Connect World Innovation Conference and Expo—May 14-17, 2017—Washington DC • “Encourage governments to need scientific advice” by ETRAC member William Colglazier Nature September 29, 2016 • 3D Graphene” TechConnect interviews • “Airborne Optics and Photonics' photonics.com 4. Discussion of recent export control and emerging technologies activities • Council on Government Relations—Research Compliance and Administration • Committee • Association of University Technology Managers- Global Issues session at AUTM Annual Meeting in March, 2017 • Advanced Design and Production Technologies at Sandia National Laboratories • JASON—: Scientific group that advises government on matters of science, technology and national security • The National Academies of Sciences, Engineering, Medicine—Dual Use Research of Concern: Options for Future Management—January 4, 2017 5. Discussion on Industry Sectors being reviewed by the ETRAC Electronics & Graphene Circuits Graphene metamaterials Robotics and Big Data Optoelectronics & Photonics Additive Manufacturing Advanced materials Autonomous Technology Hypersonics 6. Comments from the Public 7. Industry presentations Closed Session 8. Discussion of matters determined to be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)(1) and l0(a)(3).

    The open sessions will be accessible via teleconference to 25 participants on a first come, first serve basis. To join the conference, submit inquiries to Ms. Yvette Springer at [email protected] no later than, March 16, 2017.

    A limited number of seats will be available for the public session. Reservations are not accepted. To the extent that time permits, members of the public may present oral statements to the Committee. The public may submit written statements at any time before or after the meeting. However, to facilitate the distribution of public presentation materials to the Committee members, the Committee suggests that presenters forward the public presentation materials prior to the meeting to Ms. Springer via email.

    The Assistant Secretary for Administration, with the concurrence of the delegate of the General Counsel, formally determined on February 22, 2017, pursuant to Section l0(d) of the Federal Advisory Committee Act, as amended, that the portion of the meeting dealing with matters the of which would be likely to frustrate significantly implementation of a proposed agency action as described in 5 U.S.C. 552b(c)(9)(B) shall be exempt from the provisions relating to public meetings found in 5 U.S.C. app. 2 §§ 10(a)1 and 10(a) (3). The remaining portions of the meeting will be open to the public.

    For more information, call Yvette Springer at (202) 482-2813.

    Dated: March 2, 2017. Yvette Springer, Committee Liaison Officer.
    [FR Doc. 2017-04460 Filed 3-6-17; 8:45 am] BILLING CODE 3510-JT-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-489-829] Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from the Republic of Turkey (Turkey) is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Myrna Lobo or Alexander Cipolla, 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) 482-2371 or (202) 482-4956, respectively.

    SUPPLEMENTARY INFORMATION: Background

    This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on October 18, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    1See Steel Concrete Reinforcing Bar From Japan, Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair-Value Investigations, 81 FR 71697 (October 18, 2016) (Initiation Notice).

    2See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of steel concrete reinforcing bar from the Republic of Turkey” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

    The product covered by this investigation is rebar from Turkey. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    In accordance with the preamble to the Department's regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. However, because the instant investigation pertains to the less-than-fair-value investigation of rebar from Turkey, the Department preliminarily modified the scope language as it appeared in the Initiation Notice to remove the language pertaining to the countervailing duty investigation of rebar from Turkey. See the scope in Appendix I to this notice.

    3See Antidumping Duties; Countervailing Duties, 62 FR 27296, 27323 (May 19, 1997).

    4See Initiation Notice.

    Methodology

    The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

    All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

    In this investigation, the Department calculated estimated weighted-average dumping margins for Habas Sinai ve Tibbi Gazlar Istihsal Endustrisis A.S. (Habas) and Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S. (Icdas) that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others' rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged values for the merchandise under consideration.5

    5 With two respondents under examination, the Department normally calculates (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged U.S. sale quantities for the merchandise under consideration. The Department then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, the Department based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see the All-Others' Rate Calculation Memorandum.

    Preliminary Determination

    The Department preliminarily determines that the following estimated weighted-average dumping margins exist:

    Exporter/producer Estimated
  • weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Cash
  • deposit rate
  • (adjusted for
  • subsidy
  • offset(s))
  • (percent)
  • Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S 5.29 5.15 Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S 7.07 6.90 All-Others 6.20 6.03
    Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin.

    The Department normally adjusts cash deposits for estimated antidumping duties by the amount of export subsidies countervailed in a companion countervailing duty (CVD) proceeding, when CVD provisional measures are in effect. Accordingly, where the Department preliminarily made an affirmative determination for countervailable export subsidies, the Department has offset the estimated weighted-average dumping margin by the appropriate CVD rate.6 Any such adjusted cash deposit rate may be found in the Preliminary Determination section above.

    6 See Memorandum to the File, “Antidumping Duty Investigation of Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Determinatio Calculation Memorandum for Habas Sinai ve Tibbi Gazlar Istihsal Endustrisi A.S.,” dated concurrently with this Notice; See also Memorandum to the File, “Antidumping Duty Investigation of Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Determination Margin Calculation for Icdas Celik Enerji Tersane ve Ulasim Sanayi A.S.,” dated concurrently with this Notice; See also Memorandum to the File, “Antidumping Duty Investigation of Steel Concrete Reinforcing Bar From the Republic of Turkey: Preliminary Determination Calculation for the `All Others' Rate,” dated concurrently with this Notice.

    Should provisional measures in the companion CVD investigation expire prior to the expiration of provisional measures in this LTFV investigation, the Department will direct CBP to begin collecting estimated antidumping duty cash deposits unadjusted for countervailed export subsidies at the time that the provisional CVD measures expire.

    These suspension of liquidation instructions will remain in effect until further notice.

    Disclosure

    The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Verification

    As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its preliminary determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.7 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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.

    7See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    Final Determination

    Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1) provide that the Department will issue the final determination within 75 days after the date of its preliminary determination. Accordingly, the Department will make its final determination no later than 75 days after the signature date of this preliminary determination.

    International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

    Notification to Interested Parties

    This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise subject to this investigation is steel concrete reinforcing bar imported in either straight length or coil form (rebar) regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test.

    The subject merchandise includes rebar that has been further processed in the subject country or a third country, including but not limited to cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the rebar.

    Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test.

    The subject merchandise is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise may also enter under other HTSUS numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.

    HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VI. Date of Sale VII. Product Comparisons VIII. Export Price and Constructed Export Price IX. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Price X. Adjustment to Cash Deposit Rate for Export Subsidies XI. Currency Conversion XII. Conclusion
    [FR Doc. 2017-04416 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-010] Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Preliminary Results of Antidumping Duty Administrative Review and Preliminary Determination of No Shipments; 2014-2016 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 crystalline silicon photovoltaic products (“solar products”) from the People's Republic of China (“PRC”). The period of review (“POR”) is July 31, 2014 through January 31, 2016. The administrative review covers one mandatory respondent, Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. (“Trina”), which we have preliminarily determined to treat as a single entity with the additional affiliated companies identified below. The Department preliminarily finds that Trina sold subject merchandise in the United States at prices below normal value (“NV”) during the POR. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Jeff Pedersen, AD/CVD Operations, Office IV, Enforcement & Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482-2769.

    SUPPLEMENTARY INFORMATION: Scope of the Order

    The merchandise covered by the 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.1 Merchandise covered by the order is currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under subheadings 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 this investigation is dispositive.

    1 For a complete description of the scope of the order, see “Decision Memorandum for Preliminary Results of Antidumping Duty Administrative Review: Certain Crystalline Silicon Photovoltaic Products from the People's Republic of China; 2014-2016” from James Maeder, Senior Director, Office I for Antidumping and Countervailing Operations, to Ronald K. Lorentzen, Deputy Assistant Secretary for Enforcement and Compliance, issued concurrently with and hereby adopted by this notice (“Preliminary Decision Memorandum”).

    Preliminary Determination of No Shipments

    Based on an analysis of U.S. Customs and Border Protection (“CBP”) information, and comments provided by Shanghai JA Solar Technology Co., Ltd. (“JA Solar”), the Department preliminarily determines that JA Solar had no shipments during the POR. For additional information regarding this determination, see the Preliminary Decision Memorandum.

    Consistent with an announced refinement to its assessment practice in non-market economy (“NME”) cases, the Department is not rescinding this review, in part, but intends to complete the review with respect to the companies for which it has preliminarily found no shipments and issue appropriate instructions to CBP based on the final results of the review.2

    2See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694, 65694-95 (October 24, 2011) and the “Assessment Rates” section, below.

    Preliminary Affiliation and Single Entity Determination

    Based on record evidence, the Department preliminarily finds that the mandatory respondent Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science & Technology Co., Ltd. is affiliated with the following four companies pursuant to section 771(33)(F) of the Act: (1) Yancheng Trina Solar Energy Technology Co., Ltd.; (2) Changzhou Trina Solar Yabang Energy Co., Ltd.; (3) Turpan Trina Solar Energy Co., Ltd.; and (4) Hubei Trina Solar Energy Co., Ltd. In addition, based on the information presented in this review, we preliminarily find that these six companies should be treated as a single entity pursuant to 19 CFR 351.401(f). For additional information, see the Preliminary Decision Memorandum and Trina Collapsing Memorandum.3

    3See the December 18, 2015 Memoranda from Jeff Pedersen to Abdelali Elouaradia concerning “Affiliation and Single Entity Status” (“Trina Collapsing Memorandum”).

    Use of Partial Facts Available (“FA”)

    Section 776(a) of the Act provides that the Department shall apply FA if (1) necessary information is not on the record, or (2) an interested party or any other person (A) withholds information that has been requested, (B) fails to provide information within the deadlines established, or in the form and manner requested by the Department, subject to subsections (c)(1) and (e) of section 782 of the Act, (C) significantly impedes a proceeding, or (D) provides information that cannot be verified as provided by section 782(i) of the Act. Trina was unable to obtain FOPs from tollers of two inputs. Because this information is necessary and not available on the record, the Department is applying FA with respect to the FOPs in accordance with section 776(a)(1) of the Act.

    Separate Rates

    The Department preliminarily determines that information placed on the record by the mandatory respondent Trina, as well as by seven other separate rate applicants, demonstrates that these companies are entitled to separate rate status. For additional information, see the Preliminary Decision Memorandum.

    Rate for Separate-Rate Companies Not Individually Examined

    The statute and the Department's regulations do not address the establishment of a rate to be applied to respondents not selected for individual examination when the Department limits its examination in an administrative review pursuant to section 777A(c)(2)(B) of the Act. Generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in an investigation, for guidance when calculating the rate for respondents which we did not individually examine in an administrative review. Section 735(c)(5)(A) of the Act articulates a preference that we not calculate an all-others rate using rates which are zero, de minimis or based entirely on facts available. Accordingly, the Department's practice has been to average the weighted-average dumping margins for the examined companies, excluding rates that are zero, de minimis, or based entirely on facts available.4 In these preliminary results, the Department has calculated a rate for the sole mandatory respondent, Trina that is not zero, de minimis, or based entirely on facts available. Accordingly, we assigned the weighted-average dumping margin for Trina to the non-individually examined companies to which we granted separate rates status. The separate rate companies are listed in the “Preliminary Results of Review” section of this notice. For additional information, see the Preliminary Decision Memorandum.

    4See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews and Rescission of Reviews in Part, 73 FR 52823, 52824 (September 11, 2008), and accompanying Issues and Decision Memorandum at Comment 16.

    Methodology

    The Department conducted this administrative review in accordance with section 751(a)(1)(B) of the Act. The Department calculated constructed export prices in accordance with section 772 of the Act. Given that the PRC is a NME country, within the meaning of section 771(18) of the Act, the Department calculated NV in accordance with section 773(c) of the Act.

    For a full description of the methodology underlying the preliminary results of this review, see the Preliminary Decision Memorandum. The Preliminary Decision Memorandum is a public document and is made available to the public via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (“ACCESS”). ACCESS is available to registered users at http://access.trade.gov, and is available to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be found at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    Preliminary Results of Review

    The Department preliminarily determines that the following weighted-average dumping margins exist for the POR:

    Exporter Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Changzhou Trina Solar Energy Co., Ltd./Trina Solar (Changzhou) Science and Technology Co., Ltd./Yancheng Trina Solar Energy Technology Co., Ltd./Changzhou Trina Solar Yabang Energy Co., Ltd./Turpan Trina Solar Energy Co., Ltd./Hubei Trina Solar Energy Co., Ltd 14.70 BYD (Shangluo) Industrial Co., Ltd 14.70 Chint Solar (Zhejiang) Co., Ltd 14.70 Hefei JA Solar Technology Co., Ltd 14.70 Perlight Solar Co., Ltd 14.70 Shenzhen Sungold Solar Co., Ltd 14.70 Sunny Apex Development Ltd 14.70 Wuxi Suntech Power Co., Ltd 14.70
    Disclosure and Public Comment

    The Department intends to disclose to parties the calculations performed for these preliminary results of review within five days of the date of publication of this notice in the Federal Register in accordance with 19 CFR 351.224(b). Interested parties may submit case briefs no later than 30 days after the date of publication of these preliminary results of review.5 Rebuttal briefs may be filed no later than five days after case briefs are due and may respond only to arguments raised in the case briefs.6 A table of contents, list of authorities used, and an executive summary of issues should accompany any briefs submitted to the Department. The summary should be limited to five pages total, including footnotes.7

    5See 19 CFR 351.309(c)(ii).

    6See 19 CFR 351.309(d).

    7See 19 CFR 351.309(c)(2), (d)(2).

    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.8 Requests should contain the party's name, address, and telephone number, the number of participants in the hearing, and a list of the issues to be discussed at the hearing. Oral arguments at the hearing will be limited to issues raised in the briefs. 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 date and time to be determined.9 Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date of the hearing.

    8See 19 CFR 351.310(c).

    9See 19 CFR 351.310(d).

    All submissions, with limited exceptions, must be filed electronically using ACCESS.10 An electronically filed document must be received successfully in its entirety by the Department's electronic records system, ACCESS, 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.11

    10See generally 19 CFR 351.303.

    11See 19 CFR 351.303 (for general filing requirements); Antidumping and Countervailing Duty Proceedings: Electronic Filing Procedures; Administrative Protective Order Procedures, 76 FR 39263 (July 6, 2011).

    Unless otherwise extended, the Department intends to issue the final results of this administrative review, which will include the results of its analysis of issues raised in any briefs, within 120 days of publication of these preliminary results, pursuant to section 751(a)(3)(A) of the Act.

    Assessment Rates

    Upon issuance of the final results of this review, the Department will determine, and CBP shall assess, antidumping duties on all appropriate entries covered by this review.12 The Department intends to issue assessment instructions to CBP 15 days after the publication date of the final results of this review. For each individually examined respondent in this review whose weighted-average dumping margin in the final results of review is not zero or de minimis (i.e., less than 0.5 percent), the Department intends to calculate importer-specific assessment rates, in accordance with 19 CFR 351.212(b)(1).13 Where the respondent reported reliable entered values, the Department intends to calculate importer-specific ad valorem assessment rates by aggregating the amount of dumping calculated for all U.S. sales to the importer and dividing this amount by the total entered value of the sales to the importer.14 Where the importer did not report entered values, the Department calculates an importer-specific assessment rates by dividing the amount of dumping for reviewed sales to the importer- by the total sales quantity associated with those transactions. In addition, the Department will calculate an estimated ad valorem importer-specific assessment rate to determine whether this rate is de minimis, however, the Department will direct CBP to assess importer-specific assessment rates based on the resulting per-unit rates.15 Where an importer-specific ad valorem assessment rate is not zero or de minimis, the Department will instruct CBP to collect the appropriate duties at the time of liquidation. Where either the respondent's weighted average dumping margin is zero or de minimis, or an importer-specific ad valorem assessment rate is zero or de minimis, the Department will instruct CBP to liquidate appropriate entries without regard to antidumping duties.16

    12See 19 CFR 351.212(b)(1).

    13See Antidumping Proceedings: Calculation of the Weighted Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012) (“Final Modification”).

    14See 19 CFR 351.212(b)(1).

    15Id.

    16See Final Modification, 77 FR at 8103.

    Pursuant to Departmental practice, for entries that were not reported in the U.S. sales database submitted by an exporter individually examined during this review, the Department will instruct CBP to liquidate such entries at the rate for the PRC-wide entity.17 Because no party requested a review of the PRC-wide entity, the entity is not under review and the entity's rate (i.e., 165.04 percent) is not subject to change.18 Additionally, 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 CBP case number will be liquidated at the rate for the PRC-wide entity.

    17See Non-Market Economy Antidumping Proceedings: Assessment of Antidumping Duties, 76 FR 65694 (October 24, 2011), for a full discussion of this practice.

    18See Certain Crystalline Silicon Photovoltaic Products From the People's Republic of China: Final Determination of Sales at Less Than Fair Value, 79 FR 76970 (December 23, 2014).

    In accordance with section 751(a)(2)(C) of the Act, 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 antidumping duties, where applicable.

    Cash Deposit Requirements

    The Department will instruct CBP to require a cash deposit for antidumping duties equal to the weighted-average amount by which the normal value exceeds U.S. price. The following cash deposit requirements will be effective for shipments of the subject merchandise from the PRC entered, or withdrawn from warehouse, for consumption on or after the publication date of this notice, as provided by section 751(a)(2)(C) of the Act: (1) For the exporters listed above, the cash deposit rate will be equal to the weighted-average dumping margin established in the final results of this review (except, if the rate is de minimis (i.e., less than 0.5 percent), 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 have separate rates, the cash deposit rate will continue to be the exporter-specific rate published for the most recently completed segment of this proceeding; (3) for all PRC exporters of subject merchandise which have not been found to be entitled to a separate rate, the cash deposit rate will be the rate for the PRC-wide entity (i.e., 165.04 percent) 19 and (4) for all non-PRC exporters of subject merchandise that have not received their own rate, the cash deposit rate will be the rate applicable to the PRC exporter that supplied that non-PRC exporter. These deposit requirements, when imposed, shall remain in effect until further notice.

    19See Final Determination at 76973.

    Notification to Importers

    This notice also serves as a preliminary reminder to importers of their responsibility under 19 CFR 351.402(f)(2) to file a certificate regarding the reimbursement of antidumping duties and/or countervailing 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 and/or countervailing duties has occurred, and the subsequent assessment of double antidumping duties and/or increase the amount of antidumping duties by the amount of the countervailing duties.

    Notification to Interested Parties

    We are issuing and publishing these results in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213 and 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 1. Summary 2. Background 3. Period of Review 4. Extension of Preliminary Results 5. Scope of the Order 6. Preliminary Determination of No Shipments 7. Selection of Respondents 8. Single Entity Treatment 9. Discussion of the Methodology a. Non-Market Economy Country b. Separate Rates c. Rate for Non-Examined, Separate Rate Respondents d. Application of Facts Available e. Surrogate Country Selection f. Date of Sale g. Fair Value Comparisons h. U.S. Price i. Normal Value j. Adjustments for Countervailable Subsidies k. Currency Conversion 10. Recommendation
    [FR Doc. 2017-04420 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-588-876] Steel Concrete Reinforcing Bar From Japan: Preliminary Affirmative Determination of Sales at Less Than Fair Value AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from Japan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016. The estimated dumping margins of sales at LTFV are listed in the “Preliminary Determination” section of this notice. Interested parties are invited to comment on this preliminary determination.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    David Lindgren, 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) 482-3870.

    SUPPLEMENTARY INFORMATION:

    Background

    This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on October 18, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum, dated concurrently with this determination and hereby adopted by this notice.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed Preliminary Decision Memorandum and the electronic version are identical in content.

    1See Steel Concrete Reinforcing Bar From Japan, Taiwan and the Republic of Turkey: Initiation of Less-Than-Fair Value Investigations, 81 FR 71697 (October 18, 2016) (Initiation Notice).

    2See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Steel Concrete Reinforcing Bar From Japan” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

    The product covered by this investigation is rebar from Japan. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    In accordance with the preamble to the Department's regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. However, because the investigation pertains to rebar from Japan, the Department preliminarily modified the scope language as it appeared in the Initiation Notice to remove the language pertaining to the scope of the countervailing duty investigation of rebar from Turkey. See the scope in Appendix I to this notice.

    3See Antidumping Duties; Countervailing Duties; Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    4See Initiation Notice.

    Methodology

    The Department is conducting this investigation in accordance with section 731 of the Act. Both mandatory respondents, Jonan Steel Corporation (Jonan) and Kyoei Steel Ltd. (Kyoei), failed to participate in this investigation by not responding to the Deparment's initial questionnaire.5 As a result, pursuant to section 776(a) and (b) of the Act and 19 CFR 351.308, the Department has preliminarily relied upon facts otherwise available, with adverse inferences, to assign an estimated weighted-average dumping margin to the Jonan and Kyoei. For a full description of the methodology underlying our preliminary conclusions, see the Preliminary Decision Memorandum.

    5See Preliminary Decision Memorandum.

    All-Others Rate

    Sections 733(d)(1)(A)(ii) and 735(c)(5)(A) of the Act provide that, in the preliminary determination, the Department shall determine an estimated all-others rate for all exporters and producers not individually investigated, which shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

    Pursuant to section 735(c)(5)(B) of the Act, if the estimated weighted-average dumping margins established for all exporters and producers individually examined are zero, de minimis or determined based entirely under section 776 of the Act, the Department may use any reasonable method to establish the estimated dumping margin for all other producers or exporters.

    As noted above, we determined the dumping margin for the individually examined companies Jonan and Kyoei under section 776 of the Act. Consequently, the only available dumping margins for this preliminary determination are found in the petition and are margins upon which we initiated this investigation. Pursuant to section 735(c)(5)(B) of the Act, the Department's practice under these circumstances has been to calculate the “all-others”' rate as a simple average of these margins from the petition.6 For a full description of the methodology underlying our conclusions, see the Preliminary Decision Memorandum.

    6See, e.g., Notice of Preliminary Determination of Sales at Less Than Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 FR 21909, 21912 (April 23, 2008), unchanged in Notice of Final Determination of Sales at Less Than Fair Value: Sodium Nitrite From the Federal Republic of Germany, 73 FR 38986, 38987 (July 8, 2008), and accompanying Issues and Decision Memorandum at Comment 2; see also Notice of Final Determination of Sales at Less Than Fair Value: Raw Flexible Magnets From Taiwan, 73 FR 39673, 39674 (July 10, 2008); Steel Threaded Rod From Thailand: Preliminary Determination of Sales at Less Than Fair Value and Affirmative Preliminary Determination of Critical Circumstances, 78 FR 79670, 79671 (December 31, 2013), unchanged in Steel Threaded Rod From Thailand: Final Determination of Sales at Less Than Fair Value and Affirmative Final Determination of Critical Circumstances, 79 FR 14476, 14477 (March 14, 2014).

    Preliminary Determination

    The Department preliminarily determines that rebar from Japan is being, or is likely to be, sold in the United States at LTFV, pursuant to section 733 of the Act, and that the following weighted-average dumping margins exist:

    Exporter/producer Weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Jonan Steel Corporation 209.46 Kyoei Steel Ltd 209.46 All-Others 206.43
    Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of all entries of subject merchandise as described in the “scope of the investigation” section of this notice entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register, as discussed below.7 Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the dumping margins, as indicated in the chart above, as follows: (1) The rate for the mandatory respondents listed above will be the respondent-specific rates we determined in this preliminary determination; (2) if the exporter is not a mandatory respondent identified above, but the producer is, the rate will be the specific rate established for the producer of the subject merchandise; and (3) the rate for all other producers or exporters will be the “all-others” rate. This suspension of liquidation instruction will remain in effect until further notice.8

    7See Appendix I.

    8See Modification of Regulations Regarding the Practice of Accepting Bonds During the Provisional Measures Period in Antidumping and Countervailing Duty Investigations, 76 FR 61042 (October 3, 2011).

    Disclosure

    Normally, the Department discloses to interested parties the calculations performed in connection with a preliminary determination within five days of its public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). However, because the Department preliminarily applied AFA to both Jonan and Kyoei, in accordance with section 776 of the Act, there are no calculations to disclose.

    Verification

    Because the mandatory respondents in this investigation did not provide information requested by the Department and the Department preliminarily determines each of the mandatory respondents to have been uncooperative, verification will not be conducted.

    Public Comment

    Interested parties are invited to comment on this preliminary determination. Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than 30 days after the date of publication of this notice, and rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.9 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. All documents must be filed electronically using ACCESS. An electronically filed document must be received successfully in its entirety by ACCESS by 5 p.m. Eastern Standard Time on the date the document is due.

    9See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice.10 Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230,11 at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    10See 19 CFR 351.310(c).

    11Id.

    Final Determination

    In accordance with Section 735(a)(1) of the Act and 19 CFR 351.210(b)(1), we will make the final determination no later than 75 days after the signature date of this preliminary determination.

    International Trade Commission Notification

    In accordance with section 733(f) of the Act, we are notifying the International Trade Commission (ITC) of our preliminary determination. If our final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after our final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

    This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise subject to this investigation is steel concrete reinforcing bar imported in either straight length or coil form (rebar) regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test.

    The subject merchandise includes rebar that has been further processed in the subject country or a third country, including but not limited to cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the rebar.

    Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test.

    The subject merchandise is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise may also enter under other HTSUS numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.

    HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Scope of the Investigation V. Use of Facts Available with Adverse Inferences A. Application of Facts Available B. Use of Adverse Inferences C. Selection and Corroboration of the AFA Rate VI. All-Others Rate VII. Verification VIII. Conclusion
    [FR Doc. 2017-04415 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-580-810 and A-583-815] Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan: Final Results of the Expedited Fourth Sunset Reviews of the Antidumping Duty Orders AGENCY:

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

    DATES:

    Effective March 7, 2017.

    SUMMARY:

    As a result of these sunset reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty orders on welded ASTM A-312 stainless steel pipe from South Korea and Taiwan would be likely to lead to continuation or recurrence of dumping. The magnitude of the dumping margins likely to prevail is indicated in the “Final Results of Sunset Review” section of this notice.

    FOR FURTHER INFORMATION CONTACT:

    Jacqueline Arrowsmith, AD/CVD Operations, Office VII, Enforcement and Compliance, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-5255.

    SUPPLEMENTARY INFORMATION:

    Background

    The antidumping duty orders on welded ASTM A-312 stainless steel pipe from South Korea and Taiwan were published on December 30, 1992.1 On November 1, 2016, the Department published the notice of initiation of the sunset reviews of the antidumping duty orders on certain welded ASTM A-312 stainless steel pipe from South Korea and Taiwan pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).2

    1See Antidumping Duty Order and Clarification of Final Determination: Certain Welded Stainless Steel Pipes From Korea, 57 FR 62301 (December 30, 1992) and Notice of Amended Final Determination and Antidumping Duty Order: Certain Welded Stainless Steel Pipe From the Republic of Korea, 60 FR 10064 (February 23, 1995); see also Amended Final Determination and Antidumping Duty Order: Certain Welded Stainless Steel Pipe From Taiwan, 57 FR 62300 (December 30, 1992).

    2See Initiation of Five-Year (“Sunset”) Reviews, 81 FR 75808 (November 1, 2016) (Sunset Initiation).

    In accordance with 19 CFR 351.218(d)(1)(i) and (ii), the Department received a notice of intent to participate in these sunset reviews from Bristol Metals LLC,3 Felker Brothers Corporation, Marcegaglia USA, and Outokumpu Stainless Pipe, Inc. (Domestic Interested Parties), within 15 days after the date of publication of the Sunset Initiation. Petitioners claimed interested party status under section 771(9)(C) of the Act, as domestic producers of the domestic like product.

    3 Bristol Metals was the petitioner during the Less Than Fair Value Investigation. See “Letter from Schagrin Associates to the Honorable Penny Pritzker, Secretary to Commerce, Welded ASTM A-312 stainless steel pipes from Korea, Fourth Sunset Review: Substantive Response to Notice of Initiation,” dated December 1, 2016 at 2. See also “Letter from Schagrin Associates to the Honorable Penny Pritzker, Secretary to Commerce, Welded ASTM A-312 stainless steel pipes from Taiwan Fourth Sunset Review: Substantive Response to Notice of Initiation,” dated November 8, 2016 at 2.

    On December 1, 2016, the Department received complete substantive responses to the notices of initiation from Domestic Interested Parties within the 30-day deadline specified in 19 CFR 351.218(d)(3)(i). The Department received no substantive response from any respondent interested parties. As a result, the Department conducted an expedited, i.e., 120-day, sunset review of this order pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2). On January 17, 2017, Domestic Interested Parties submitted a letter clarifying which U.S. Harmonized Tariff Schedule (HTSUS) numbers were included in the import data provided in Exhibit 1 of its substantive responses.4

    4See Letter from Schagrin Associates to the Honorable Penny Pritzker, “Welded ASTM A-312 stainless steel pipes from Korea and Taiwan, Fourth Sunset Review: Clarification of Substantive Response to Notice of Initiation,” dated January 17, 2017.

    Scope of the Orders South Korea

    The products covered by the order are shipments of welded austenitic stainless steel pipe (WSSP) from Korea that meets the standards and specifications set forth by the American Society for Testing and Materials (ASTM) for the welded form of chromium-nickel pipe designated ASTM A-312. WSSP is produced by forming stainless steel flat-rolled products into a tubular configuration and welding along the seam. WSSP is a commodity product generally used as a conduit to transmit liquids or gases. Major applications for WSSP include, but are not limited to, digester lines, blow lines, pharmaceutical lines, petrochemical stock lines, brewery process and transport lines, general food processing lines, automotive paint lines and paper process machines.

    Imports of these products are currently classifiable under the following HTSUS subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065 and 7306.40.5085. Although the HTSUS subheadings include both pipes and tubes, the scope of the order is limited to welded austenitic stainless steel pipes. The HTSUS subheadings are provided for convenience and customs purposes. The written description remains dispositive.

    Taiwan

    The merchandise subject to the order is welded austenitic stainless steel pipe that meets the standards and specifications set forth by the American Society for Testing and Materials (ASTM) for the welded form of chromium-nickel pipe designated ASTM A-312. The merchandise covered by the scope of the order also includes austenitic welded stainless steel pipes made according to standards of other nations, which are comparable to ASTM A-312.

    WSSP is produced by forming stainless steel flat-rolled products into a tubular configuration and welding along the seam. WSSP is a commodity product generally used as a conduit to transmit liquids or gases. Major applications for WSSP include, but are not limited to, digester lines, blow lines, pharmaceutical lines, petrochemical stock lines, brewery process and transport lines, general food processing lines, automotive paint lines and paper process machines. Imports of these products are currently classifiable under the following HTSUS subheadings: 7306.40.5005, 7306.40.5015, 7306.40.5040, 7306.40.5065 and 7306.40.5085. Although the HTSUS subheadings include both pipes and tubes, the scope of the order is limited to welded austenitic stainless steel pipes. The HTSUS subheadings are provided for convenience and customs purposes. The written description remains dispositive.

    Analysis of Comments Received

    All issues raised in these reviews are addressed in the Issues and Decision Memorandum,5 including the likelihood of continuation or recurrence of dumping in the event of revocation, and the magnitude of dumping margins likely to prevail if the orders were revoked. Parties can find a complete discussion of all issues raised in this review and the corresponding recommendations in the Issues and Decision Memorandum, which 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 in room B8024 of the main Commerce building. In addition, a complete version of the Issues and Decision Memorandum can be accessed directly on the Internet at http://trade.gov/enforcement/. The signed and electronic versions of the Decision Memorandum are identical in content.

    5See “Issues and Decision Memorandum: Final Results of Expedited Sunset Reviews of the Antidumping Duty Orders on Welded ASTM A-312 Stainless Steel Pipe From South Korea and Taiwan, dated concurrently with this Federal Register notice.

    Final Results of Sunset Review

    Pursuant to sections 752(c)(1) and (3) of the Act, we determine that revocation of the antidumping duty order on Welded ASTM A-312 Stainless Steel Pipe from South Korea and the antidumping duty order on Welded ASTM A-312 Stainless Steel Pipe Taiwan would be likely to lead to continuation or recurrence of dumping up to the following weighted-average margins:

    Country Weighted-
  • average
  • margin
  • (percent)
  • South Korea 17.14 Taiwan 31.90
    Notification to Interested Parties

    This notice serves as the only reminder to parties subject to the administrative protective order (APO) of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.305(a). Timely written notification of the 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.

    The Department is issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary For Enforcement & Compliance.
    [FR Doc. 2017-04421 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-859] Steel Concrete Reinforcing Bar From Taiwan: Preliminary Affirmative Determination of Sales at Less Than Fair Value, Postponement of Final Determination, and Extension of Provisional Measures AGENCY:

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

    SUMMARY:

    The Department of Commerce (the Department) preliminarily determines that steel concrete reinforcing bar (rebar) from Taiwan is being, or is likely to be, sold in the United States at less than fair value (LTFV). The period of investigation (POI) is July 1, 2015, through June 30, 2016.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Jun Jack Zhao or Kathryn Wallace, 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) 482-1396 or (202) 482-6251, respectively.

    SUPPLEMENTARY INFORMATION: Background

    This preliminary determination is made in accordance with section 733(b) of the Tariff Act of 1930, as amended (the Act). The Department published the notice of initiation of this investigation on October 18, 2016.1 For a complete description of the events that followed the initiation of this investigation, see the Preliminary Decision Memorandum.2 A list of topics included in the Preliminary Decision Memorandum is included as Appendix II to this notice. The Preliminary Decision Memorandum is a public document and is on file electronically via Enforcement and Compliance's Antidumping and Countervailing Duty Centralized Electronic Service System (ACCESS). ACCESS is available to registered users at https://access.trade.gov, and to all parties in the Central Records Unit, Room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly at http://enforcement.trade.gov/frn/. The signed and the electronic versions of the Preliminary Decision Memorandum are identical in content.

    1See Steel Concrete Reinforcing Bar From Japan, Taiwan, and the Republic of Turkey: Initiation of Less-Than Fair Value Investigations, 81 FR 71697 (October 18, 2016) (Initiation Notice).

    2See Memorandum, “Decision Memorandum for the Preliminary Determination in the Less-Than-Fair-Value Investigation of Steel Concrete Reinforcing Bar From Taiwan” dated concurrently with, and hereby adopted by, this notice (Preliminary Decision Memorandum).

    Scope of the Investigation

    The product covered by this investigation is rebar from Taiwan. For a complete description of the scope of this investigation, see Appendix I.

    Scope Comments

    In accordance with the preamble to the Department's regulations,3 the Initiation Notice set aside a period of time for parties to raise issues regarding product coverage (i.e., scope).4 No interested party commented on the scope of the investigation as it appeared in the Initiation Notice. However, because the investigation pertains to rebar from Taiwan, the Department preliminarily modified the scope language as it appeared in the Initiation Notice to remove the language pertaining to the scope of the countervailing duty investigation of rebar from Turkey. See the scope in Appendix I to this notice.

    3See Antidumping Duties; Countervailing Duties, Final Rule, 62 FR 27296, 27323 (May 19, 1997).

    4See Initiation Notice.

    Methodology

    The Department is conducting this investigation in accordance with section 731 of the Act. The Department has calculated export prices in accordance with section 772(a) of the Act. Normal value (NV) is calculated in accordance with section 773 of the Act. For a full description of the methodology underlying the preliminary determination, see the Preliminary Decision Memorandum.

    All-Others Rate

    Sections 733(d)(1)(ii) and 735(c)(5)(A) of the Act provide that in the preliminary determination the Department shall determine an estimated all-others rate for all exporters and producers not individually examined. This rate shall be an amount equal to the weighted average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 776 of the Act.

    In this investigation, the Department calculated estimated weighted-average dumping margins for Power Steel Co., Ltd. (Power Steel) and Lo-Toun Steel and Iron Works Co., Ltd. (Lo-Toun) that are not zero, de minimis, or based entirely on facts otherwise available. The Department calculated the all-others' rate using a weighted average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged values for the merchandise under consideration.5 For further discussion of this calculation, see the memorandum entitled “Steel Concrete Reinforcing Bar From Taiwan: Calculation of the Preliminary Margin for All Other Companies,” dated concurrently with this notice.

    5 With two respondents under examination, the Department normally calculates (A) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents; (B) a simple average of the estimated weighted-average dumping margins calculated for the examined respondents; and (C) a weighted-average of the estimated weighted-average dumping margins calculated for the examined respondents using each company's publicly-ranged U.S. sale quantities for the merchandise under consideration. The Department then compares (B) and (C) to (A) and selects the rate closest to (A) as the most appropriate rate for all other producers and exporters. See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010). As complete publicly ranged sales data was available, the Department based the all-others rate on the publicly ranged sales data of the mandatory respondents. For a complete analysis of the data, please see the All-Others' Rate Calculation Memorandum.

    Preliminary Determination

    The Department preliminarily determines that the following estimated weighted-average dumping margins exist:

    Exporter/manufacturer Estimated
  • weighted-
  • average
  • dumping
  • margin
  • (percent)
  • Power Steel Co., Ltd 3.48 Lo-Toun Steel and Iron Works Co., Ltd 29.47 All Others 5.49
    Suspension of Liquidation

    In accordance with section 733(d)(2) of the Act, the Department will direct U.S. Customs and Border Protection (CBP) to suspend liquidation of entries of subject merchandise, as described in Appendix I, entered, or withdrawn from warehouse, for consumption on or after the date of publication of this notice in the Federal Register. Further, pursuant to section 733(d)(1)(B) of the Act and 19 CFR 351.205(d), the Department will instruct CBP to require a cash deposit equal to the estimated weighted-average dumping margin or the estimated all-others rate, as follows: (1) The cash deposit rate for the respondents listed above will be equal to the company-specific estimated weighted-average dumping margins determined in this preliminary determination; (2) if the exporter is not a respondent identified above, but the producer is, then the cash deposit rate will be equal to the company-specific estimated weighted-average dumping margin established for that producer of the subject merchandise; and (3) the cash deposit rate for all other producers and exporters will be equal to the all-others estimated weighted-average dumping margin.

    Disclosure

    The Department intends to disclose its calculations and analysis performed to interested parties in this preliminary determination within five days of any public announcement or, if there is no public announcement, within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b).

    Verification

    As provided in section 782(i)(1) of the Act, the Department intends to verify the information relied upon in making its final determination.

    Public Comment

    Case briefs or other written comments may be submitted to the Assistant Secretary for Enforcement and Compliance no later than seven days after the date on which the last verification report is issued in this investigation. Rebuttal briefs, limited to issues raised in case briefs, may be submitted no later than five days after the deadline date for case briefs.6 Pursuant to 19 CFR 351.309(c)(2) and (d)(2), parties who submit case briefs or rebuttal briefs in this investigation 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.

    6See 19 CFR 351.309; see also 19 CFR 351.303 (for general filing requirements).

    Pursuant to 19 CFR 351.310(c), interested parties who wish to request a hearing, limited to issues raised in the case and rebuttal briefs, must submit a written request to the Assistant Secretary for Enforcement and Compliance, U.S. Department of Commerce, within 30 days after the date of publication of this notice. Requests should contain the party's name, address, and telephone number, the number of participants, whether any participant is a foreign national, and a list of the issues to be discussed. If a request for a hearing is made, the Department intends to hold the hearing at the U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230, at a time and date to be determined. Parties should confirm by telephone the date, time, and location of the hearing two days before the scheduled date.

    Postponement of Final Determination and Extension of Provisional Measures

    Section 735(a)(2) of the Act provides that a final determination may be postponed until no later than 135 days after the date of the publication of the preliminary determination if, in the event of an affirmative preliminary determination, a request for such postponement is made by exporters who account for a significant proportion of exports of the subject merchandise, or in the event of a negative preliminary determination, a request for such postponement is made by the petitioner. Section 351.210(e)(2) of the Department's regulations requires that a request by exporters for postponement of the final determination be accompanied by a request for extension of provisional measures from a four-month period to a period not more than six months in duration.

    On February 16, 2017, and February 21, 2017, pursuant to 19 CFR 351.210(e), Power Steel and Lo-Toun requested that the Department postpone the final determination and that provisional measures be extended to a period not to exceed six months.7 In accordance with section 735(a)(2)(A) of the Act and 19 CFR 351.210(b)(2)(ii), because: (1) The preliminary determination is affirmative; (2) the requesting exporters account for a significant proportion of exports of the subject merchandise; and (3) no compelling reasons for denial exist, the Department is postponing the final determination and extending the provisional measures from a four-month period to a period not greater than six months. Accordingly, the Department will make its final determination no later than 135 days after the date of publication of this preliminary determination.

    7See Letter from Power Steel, “Re: Steel Concrete Reinforcing Bar from Taiwan: DOC Preliminary Determination Extension,” dated February 16, 2017; see also Letter from Lo-Toun, “Steel Concrete Reinforcing Bar From Taiwan: Lo-Toun's Request to Postpone the Final Determination” (February 21, 2017).

    International Trade Commission Notification

    In accordance with section 733(f) of the Act, the Department will notify the International Trade Commission (ITC) of its preliminary determination. If the final determination is affirmative, the ITC will determine before the later of 120 days after the date of this preliminary determination or 45 days after the final determination whether these imports are materially injuring, or threaten material injury to, the U.S. industry.

    Notification to Interested Parties

    This determination is issued and published in accordance with sections 733(f) and 777(i)(1) of the Act and 19 CFR 351.205(c).

    Dated: February 28, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance. Appendix I Scope of the Investigation

    The merchandise subject to this investigation is steel concrete reinforcing bar imported in either straight length or coil form (rebar) regardless of metallurgy, length, diameter, or grade or lack thereof. Subject merchandise includes deformed steel wire with bar markings (e.g., mill mark, size, or grade) and which has been subjected to an elongation test.

    The subject merchandise includes rebar that has been further processed in the subject country or a third country, including but not limited to cutting, grinding, galvanizing, painting, coating, or any other processing that would not otherwise remove the merchandise from the scope of the investigation if performed in the country of manufacture of the rebar.

    Specifically excluded are plain rounds (i.e., nondeformed or smooth rebar). Also excluded from the scope is deformed steel wire meeting ASTM A1064/A1064M with no bar markings (e.g., mill mark, size, or grade) and without being subject to an elongation test.

    The subject merchandise is classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) primarily under item numbers 7213.10.0000, 7214.20.0000, and 7228.30.8010. The subject merchandise may also enter under other HTSUS numbers including 7215.90.1000, 7215.90.5000, 7221.00.0017, 7221.00.0018, 7221.00.0030, 7221.00.0045, 7222.11.0001, 7222.11.0057, 7222.11.0059, 7222.30.0001, 7227.20.0080, 7227.90.6030, 7227.90.6035, 7227.90.6040, 7228.20.1000, and 7228.60.6000.

    HTSUS numbers are provided for convenience and customs purposes; however, the written description of the scope remains dispositive.

    Appendix II List of Topics Discussed in the Preliminary Decision Memorandum I. Summary II. Background III. Period of Investigation IV. Postponement of Final Determination and Extension of Provisional Measures V. Scope of the Investigation VI. Discussion of the Methodology A. Determination of the Comparison Method B. Results of the Differential Pricing Analysis VII. Date of Sale VIII. Product Comparisons IX. Export Price X. Normal Value A. Home Market Viability B. Level of Trade C. Cost of Production (COP) Analysis 1. Calculation of COP 2. Test of Comparison Market Sales Prices 3. Results of the COP Test D. Calculation of NV Based on Comparison Market Prices XI. Currency Conversion XII. Conclusion
    [FR Doc. 2017-04414 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-583-853] Certain Crystalline Silicon Photovoltaic Products From Taiwan: Preliminary Results of Antidumping Duty Administrative Review and Partial Rescisssion of Antidumping Duty Administrative Review; 2014-2016 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 crystalline silicon photovoltaic products (solar products) from Taiwan. The period of review (“POR”) is July 31, 2014, through January 31, 2016. This administrative review covers 14 exporters of the subject merchandise, including two mandatory respondents, Motech Industries, Inc. (“Motech”) and Sino-American Silicon Products Inc. (“SAS”). The Department preliminarily determines SAS and Motech made sales of subject merchandise at less than normal value during the POR. Additionally, we are rescinding this administrative review with respect to 18 companies that timely withdrew their request for administrative review. Interested parties are invited to comment on these preliminary results.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Magd Zalok or Thomas Martin, 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) 482-4162 or (202) 482-3936, respectively.

    SUPPLEMENTARY INFORMATION:

    Background

    On February 3, 2016, the Department notified interested parties of the opportunity to request an administrative review of orders, findings, or suspended investigations with anniversaries in February 2016, including the antidumping duty (“AD”) order on solar products from Taiwan.1 On February 29, 2016, SolarWorld Americas Inc. (“Petitioner”), as well as various exporters and exporters requested that the Department conduct an administrative review of certain exporters covering the POR. On April 7, 2016, the Department published a notice initiating an AD administrative review of solar products from the Taiwan covering 32 companies/company groupings for the POR.2

    1See Antidumping or Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity To Request Administrative Review, 81 FR 5712 (February 3, 2016).

    2See Initiation of Antidumping and Countervailing Duty Administrative Reviews, 81 FR 20324 (April 7, 2016) (Initiation Notice).

    In the Initiation Notice, the Department stated that if it limited the number of respondents for individual examination, then it intended to select respondents based on volume data contained in responses to its quantity and value (“Q&V”) questionnaire.3 On April 12, 2016, the Department issued Q&V questionnaires to all 32 companies.4 We received Q&V questionnaire responses from 14 companies 5 named in the Initiation Notice. The remaining 18 companies 6 withdrew their requests for administrative review, pursuant to 19 CFR 351.213(d)(1). Because these 18 companies timely withdrew their requests for administrative review pursuant to 19 CFR 351.213(d)(1), and no other party requested a review of these companies, we are rescinding the administrative review with respect to these companies.

    3Id. at 20324.

    4 The Department explained in the Initiation Notice that the units used to measure the imported quantities of solar cells and solar modules in the CBP data are reported in “piece” units and it would not be meaningful to sum the number of imported solar cells and the number of imported solar modules in attempting to determine the largest Taiwan exporters of subject merchandise by volume. Id. Therefore, the Department stated that it would issue Q&V questionnaires to determine the volume of subject merchandise shipped to the United States by Taiwanese exporters/producers. Id.

    5 AU Optronics Corporation, EEPV CORP., E-TON Solar Tech. Co., Ltd., Gintech Energy Corporation, Inventec Energy Corporation, Inventec Solar Energy Corporation, Kyocera Mexicana S.A. de C.V., Motech Industries, Inc., Sino-American Silicon Products Inc., Solartech Energy Corporation, Sunengine Corporation Ltd., Sunrise Global Solar Energy, TSEC Corporation, and Win Win Precision Technology Co., Ltd.

    6 Baoding Jiasheng Photovoltaic Technology Co. Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co. Ltd., Boviet Solar Technology Co., Ltd., Canadian Solar Inc., Canadian Solar International, Ltd., Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Vina Solar Technology Co., Ltd., Yingli Energy (China) Co., Ltd., Yingli Green Energy Holding Company Limited, and Yingli Green Energy International Trading Company Limited.

    On May 18, 2016, the Department selected Motech and SAS as mandatory respondents.7

    7See memorandum from Thomas Martin, Senior International Trade Compliance Analyst, Office IV, AD/CVD Operations, Enforcement and Compliance to Abdelali Elouaradia, Director, Office IV, AD/CVD Operations, Enforcement and Compliance regarding “2014-2016 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan: Respondent Selection,” dated May 18, 2016 at 4-5.

    From May 20, 2016, through February 23, 2017, the Department issued questionnaires to, and received timely responses from from the two mandatory respondents.8 Petitioner commented on these responses between July 8, 2016, and December 5, 2016.

    8See Letters from Motech to the Department dated June 21, July 11, July 15, August 12, September 19, September 23, October 24, November 15, 2016; January 18, 2017, February 14, 2017 and February 23, 2017; Letters from SAS and Solartech to the Department dated June 20, July 12, July 18, October 25, and November 8, 2016; January 9, January 12, January 24, and February 10, 2017.

    On October 12, 2016, the Department extended the deadline for issuing the preliminary results of this administrative review to February 28, 2017.9

    9See Memorandum from Magd Zalok, International Trade Compliance Analyst, Office IV, Antidumping and Countervailing Duty Operations through Abdelali Elouaradia, Director, Office IV, Antidumping and Countervailing Duty Operations, to Christian Marsh, Deputy Assistant Secretary for Antidumping and Countervailing Duty Operations, regarding “Crystalline Silicon Photovoltaic Products from Taiwan: Extension of Deadline for Preliminary Results of Antidumping Duty Administrative Review,” dated October 12, 2016.

    On December 12, 2016, we determined that SAS and Solartech Energy Corp. (“Solartech”), an affiliated entity involved in the production, sales and distribution of the products covered by this administrative review, are affiliated, pursuant to section 771(33)(E) of the Act.10 In addition, based on the evidence provided in SAS' and Solartech's questionnaire responses and 19 CFR 351.401(f), we preliminarily determined that SAS and Solartech (hereinafter “SAS-Solartech”) should be collapsed and treated as a single entity in this administrative review.11 This finding was based in part on the determination that Solartech has production facilities for similar or identical products that would not require substantial retooling in order to restructure manufacturing priorities, pursuant to 19 CFR 351.401(f)(1). Additionally, our finding was based on the determination that the level of common ownership, management overlap, and intertwined operations between SAS and Solartech may result in a significant potential for manipulation of price or production of subject merchandise, pursuant to 19 CFR 351.401(f)(2).12

    10See, Memorandum To Abdelali Elouaradia, Director, Office IV, Enforcement and Compliance, From Magd Zalok, International Trade Analyst, Office IV, Through Robert Bolling, Program Manager, Office IV—Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan: Sin-American Silicon Products Inc. Preliminary Affiliation and Collapsing Memorandum, dated December 12, 2016 (the “Collapsing Entity Memorandum”).

    11Id.

    12Id.

    SAS-Solartech and Petitioner submitted comments in response to the Department's January 18, 2017, request for comments for consideration in these preliminary results of review on February 9, 2017, and February 10, 2017, respectively.13

    13See Letter from SAS-Solartech to Acting Secretary of Commerce, “Re: Certain Crystalline Silicon Phtovoltaic Products from Taiwan: Resubmission of Comments Regarding the Department's Upcoming Preliminary Results,” dated February 9, 2017; Letter from Petitioner to Acting Secretary of Commerce, “Re: Certain Crystalline Silicon Phtovoltaic Products from Taiwan: Resubmission of Petitioner's Pre-Preliminary Comments,” dated February 10, 2017.

    Partial Rescission of Administrative Review

    On February 29, 2016, the Department received multiple timely requests for an administrative review of the AD order on solar products from Taiwan. In response to timely-filed withdrawal requests, we are rescinding this administrative review with respect to 18 companies 14 pursuant to 19 CFR 351.213(d)(1).15 Accordingly, the companies subject to the instant review are: AU Optronics Corporation, EEPV CORP., E-TON Solar Tech. Co., Ltd., Gintech Energy Corporation, Inventec Energy Corporation, Inventec Solar Energy Corporation, Kyocera Mexicana S.A. de C.V., Motech, SAS, Solartech, Sunengine Corporation Ltd., Sunrise Global Solar Energy, TSEC Corporation, and Win Win Precision Technology Co., Ltd., of which the Department has selected Motech and SAS-Solartech as the mandatory respondents.

    14 Baoding Jiasheng Photovoltaic Technology Co. Ltd., Baoding Tianwei Yingli New Energy Resources Co., Ltd., Beijing Tianneng Yingli New Energy Resources Co. Ltd., Boviet Solar Technology Co., Ltd., Canadian Solar Inc., Canadian Solar International, Ltd., Canadian Solar Manufacturing (Changshu), Inc., Canadian Solar Manufacturing (Luoyang), Inc., Canadian Solar Solution Inc., Hainan Yingli New Energy Resources Co., Ltd., Hengshui Yingli New Energy Resources Co., Ltd., Lixian Yingli New Energy Resources Co., Ltd., Shenzhen Yingli New Energy Resources Co., Ltd., Tianjin Yingli New Energy Resources Co., Ltd., Vina Solar Technology Co., Ltd., Yingli Energy (China) Co., Ltd., Yingli Green Energy Holding Company Limited, and Yingli Green Energy International Trading Company Limited.

    15See footnote 6 above.

    Scope of the Order

    The merchandise covered by this order is crystalline silicon photovoltaic cells, and 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.16 Merchandise covered by this order is currently classified in the Harmonized Tariff Schedule of the United States (“HTSUS”) under subheadings 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 is dispositive.

    16 For a complete description of the scope of the products under review, see Memorandum from James Maeder, Senior Director, Office I, Antidumping and Countervailing Duty Operations, to Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance, “Decision Memorandum for Preliminary Results of the 2014-2016 Antidumping Duty Administrative Review of Certain Crystalline Silicon Photovoltaic Products from Taiwan,” dated concurrently with, and hereby adopted by this notice (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 available to all parties in the Central Records Unit, room B8024 of the main Department of Commerce building. In addition, a complete version of the Preliminary Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn/. The signed and electronic versions of the Preliminary Decision Memorandum are identical in content.

    Methodology

    The Department is conducting this review in accordance with section 751(a) 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.17 A list of topics included in the Preliminary Decision Memorandum is included as an Appendix to this notice.

    17See Preliminary Decision Memorandum.

    Preliminary Results of Review

    As a result of this review, we preliminarily determine the following weighted-average dumping margins for the period July 31, 2014 through January 31, 2016:

    Manufacturer/exporter Weighted-average margin
  • (percent)
  • Sino-American Silicon Products Inc./Solartech Energy Corp 3.50 Motech Industries, Inc 4.20 AU Optronics Corporation 4.09 EEPV CORP 4.09 E-TON Solar Tech. Co., Ltd 4.09 Gintech Energy Corporation 4.09 Inventec Energy Corporation 4.09 Inventec Solar Energy Corporation 4.09 Kyocera Mexicana S.A. de C.V. 4.09 Sunengine Corporation Ltd 4.09 Sunrise Global Solar Energy 4.09 TSEC Corporation 4.09 Win Win Precision Technology Co., Ltd 4.09

    For the rate for non-selected respondents in an administrative review, generally, the Department looks to section 735(c)(5) of the Act, which provides instructions for calculating the all-others rate in a market economy investigation. Under section 735(c)(5)(A) of the Act, the all-others rate is normally “an amount equal to the weighted-average of the estimated weighted-average dumping margins established for exporters and producers individually investigated, excluding any zero or de minimis margins, and any margins determined entirely {on the basis of facts available}.” With two respondents, we normally calculate (A) a weighted-average of the dumping margins calculated for the mandatory respondents; (B) a simple average of the dumping margins calculated for the mandatory respondents; and (C) a weighted-average of the dumping margins calculated for the mandatory respondents using each company's publicly-ranged values for the merchandise under consideration. We compare (B) and (C) to (A) and select the rate closest to (A) as the most appropriate rate for all other companies.18 Accordingly, we have applied a rate of 4.09 percent to the non-selected companies, as set forth in the chart above.19

    18See Ball Bearings and Parts Thereof From France, Germany, Italy, Japan, and the United Kingdom: Final Results of Antidumping Duty Administrative Reviews, Final Results of Changed-Circumstances Review, and Revocation of an Order in Part, 75 FR 53661, 53663 (September 1, 2010).

    19See Memorandum from Thomas Martin to the File, “Calculation of the Rate for Non-Selected Respondents,” dated February 28, 2017.

    Assessment Rates

    Upon completion of the administrative review, the Department shall determine, and U.S. Customs and Border Protection (“CBP”) shall assess, antidumping duties on all appropriate entries. The Department intends to issue assessment instructions to CBP 15 days after the date of publication of the final results of this review.

    For any individually examined respondents whose weighted-average dumping margin is above de minimis (i.e., 0.50 percent), we will calculate importer-specific ad valorem duty assessment rates based on the ratio of the total amount of dumping calculated for the importer's examined sales to the total entered value of those same sales in accordance with 19 CFR 351.212(b)(1).20 For entries of subject merchandise during the POR produced by each respondent for which it did not know its merchandise was destined for the United States, we will instruct CBP to liquidate un-reviewed entries at the all-others rate if there is no rate for the intermediate company involved in the transaction.21 We will instruct CBP to assess antidumping duties on all appropriate entries covered by this review when the importer-specific assessment rate calculated in the final results of this review is above de minimis. Where either the respondent's weighted-average dumping margin is zero or de minimis, 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.

    20 In these preliminary results, the Department applied the assessment rate calculation methodology adopted in Antidumping Proceedings: Calculation of the Weighted-Average Dumping Margin and Assessment Rate in Certain Antidumping Proceedings: Final Modification, 77 FR 8101 (February 14, 2012).

    21See Antidumping and Countervailing Duty Proceedings: Assessment of Antidumping Duties, 68 FR 23954 (May 6, 2003).

    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.

    Cash Deposit Requirements

    The following deposit requirements will be effective upon publication of the notice of final results of administrative review for all shipments of solar products from Taiwan entered, or withdrawn from warehouse, for consumption on or after the date of publication of the final results of this administrative review, as provided for by section 751(a)(2)(C) of the Act: (1) The cash deposit rate for the companies under review will be the rate established in the final results of this review (except, if the rate is zero or de minimis, no cash deposit will be required); (2) for merchandise exported by manufacturers or exporters not covered in this review but covered in a prior segment of the proceeding, the cash deposit rate will continue to be the company-specific rate published for the most recently completed segment of this proceeding in which the manufacturer or exporter participated; (3) if the exporter is not a firm covered in this review, a prior review, or the less-than-fair-value investigation, but the manufacturer is, the cash deposit rate will be the rate established for the most recently completed segmet of the proceeding for the manufacturer of the merchandise; and (4) the cash deposit rate for all other manufacturers or exporters will continue to be 19.50 percent ad valorem, the all-others rate established in the less-than-fair-value investigation.22 These cash deposit requirements, when imposed, shall remain in effect until further notice.

    22See Certain Crystalline Silicon Photovoltaic Products: Final Determination of Sales at Less Than Fair Value, 79 FR 76966 (December 23, 2014).

    Disclosure and Public Comment

    The Department intends to disclose the calculations used in our analysis to interested parties in this review within five days of the date of publication of this notice in accordance with 19 CFR 351.224(b). Interested parties are invited to comment on the preliminary results of this review. Pursuant to 19 CFR 351.309(c)(1)(ii), interested parties may submit case briefs no later than 30 days after the date of publication of this notice. Rebuttal briefs, limited to issues raised in the case briefs, may be filed no later than five days after the time limit for filing case briefs.23 Parties who submit case briefs or rebuttal briefs in this proceeding are requested to submit with each brief: (1) A statement of the issue, (2) a brief summary of the argument, and (3) a table of authorities.24 Executive summaries should be limited to five pages total, including footnotes.25 Case and rebuttal briefs should be filed using ACCESS.26

    23See 19 CFR 351.309(d)(1).

    24See 19 CFR 351.309(c)(2) and (d)(2).

    25Id.

    26See 19 CFR 351.303.

    Pursuant to 19 CFR 351.310(c), any interested party may request a hearing within 30 days of the publication of this notice in the Federal Register. If a hearing is requested, the Department will notify interested parties of the hearing schedule. Interested parties who wish to request a hearing, or to participate if one is requested, must submit a written request to the Assistant Secretary for Enforcement and Compliance, filed electronically via ACCESS within 30 days after the date of publication of this notice. Requests should contain: (1) The party's name, address, and telephone number; (2) the number of participants; and (3) a list of the issues to be discussed. Issues raised in the hearing will be limited to those raised in the respective case and rebuttal briefs.

    We intend to issue the final results of this administrative review, including the results of our analysis of issues raised by the parties in the written comments, within 120 days of publication of these preliminary results in the Federal Register, unless otherwise extended.27

    27See section 751(a)(3)(A) of the Act.

    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 Department's presumption that reimbursement of antidumping duties occurred and the subsequent assessment of double antidumping duties.

    These preliminary results of administrative review are issued and published in accordance with sections 751(a)(1) and 777(i)(1) of the Act and 19 CFR 351.213(h)(1).

    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. Selection of Respondents 5. Affiliation and Collapsing of Affiliates 6. Unexamined Respondents 7. Discussion of Methodology 8. Product Comparisons 9. Date of Sale 10. Export Price/Constructed Export Price 11. Normal Value 12. Revisions to SAS-Solartech's Reported Home Market Sales 13. Cost of Production Analysis 14. Calculation of NV Based on Comparison-Market Prices 15. Currency Conversions 16. Conclusion
    [FR Doc. 2017-04413 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE International Trade Administration [A-570-822, A-583-820] Certain Helical Spring Lock Washers From the People's Republic of China and Taiwan: Final Results of the Expedited Fourth Five-Year Sunset Reviews of the Antidumping Duty Orders AGENCY:

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

    SUMMARY:

    As a result of these reviews, the Department of Commerce (the Department) finds that revocation of the antidumping duty orders on certain helical spring lock washers (lock washers) from the People's Republic of China (PRC) and Taiwan would likely lead to a continuation or recurrence of dumping at the margins identified in the “Final Results of Review” section of this notice.

    DATES:

    Effective March 7, 2017.

    FOR FURTHER INFORMATION CONTACT:

    Joseph Shuler, AD/CVD Operations, Office I, Enforcement and Compliance, International Trade Administration, U.S. Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone (202) 482-1293.

    SUPPLEMENTARY INFORMATION: Background

    On November 1, 2016, the Department published the notice of initiation of the fourth sunset review of the antidumping duty orders on lock washers from Taiwan and the PRC pursuant to section 751(c) of the Tariff Act of 1930, as amended (the Act).1 On November 4, 2016, the Department received a notice of intent to participate in both of these reviews from Shakeproof Assembly Components Division of Illinois Tool Works Inc. (the petitioner), within the deadline specified in 19 CFR 351.218(d)(1)(i). The petitioner claimed interested party status for both of these reviews under section 771(9)(C) of the Act, as a producer of the domestic like product.

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

    On December 1, 2016, the Department received a complete substantive response from the petitioner for both reviews, within the deadline specified in 19 CFR 351.218(d)(3)(i). We received no substantive responses from any respondent interested parties. As a result, pursuant to section 751(c)(3)(B) of the Act and 19 CFR 351.218(e)(1)(ii)(C)(2), the Department conducted expedited sunset reviews of these antidumping duty orders.

    Scope of the Orders

    The products covered by the orders are lock washers of carbon steel, of carbon alloy steel, or of stainless steel, heat-treated or non-heat-treated, plated or non-plated, with ends that are off-line. Lock washers subject to the orders are currently classifiable under subheadings 7318.21.0000, 7318.21.0030, and 7318.21.0090 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheading is provided for convenience and customs purposes, the written description of the scope of this proceeding is dispositive.2

    2 A full description of the scope of the order is contained in the Memorandum from Senior Director, Office I, James Maeder to Acting Assistant Secretary Ronald K. Lorentzen, “Issues and Decision Memorandum for the Final Results of the Expedited Sunset Reviews of the Antidumping Duty Orders on Certain Helical Spring Lock Washers From the People's Republic of China (PRC) and Taiwan,” dated concurrently with and hereby adopted by this notice (Issues and Decision Memorandum).

    Analysis of Comments Received

    All issues raised in these reviews, including the likelihood of continuation or recurrence of dumping and the magnitude of the margins likely to prevail if the orders were revoked, are addressed in the Issues and Decision Memorandum. 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 Decision Memorandum can be accessed directly on the Internet at http://enforcement.trade.gov/frn.

    Final Results of Sunset Reviews

    Pursuant to sections 751(c)(1) and 752(c)(1), (2), and (3) of the Act, we determine that revocation of the antidumping duty orders on lock washers from the PRC and Taiwan would be likely to lead to continuation or recurrence of dumping up to the weighted-average margin percentages:

    Country Weighted-
  • average
  • margins
  • (percent)
  • PRC 189.81 Taiwan 31.93
    Notification to Interested Parties

    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 the return or destruction of APO materials or conversion to judicial protective orders is hereby requested. Failure to comply with the regulations and terms of an APO is a violation which is subject to sanction.

    We are issuing and publishing these final results and notice in accordance with sections 751(c), 752(c), and 777(i)(1) of the Act and 19 CFR 351.218.

    Dated: March 1, 2017. Ronald K. Lorentzen, Acting Assistant Secretary for Enforcement and Compliance.
    [FR Doc. 2017-04419 Filed 3-6-17; 8:45 am] BILLING CODE 3510-DS-P
    DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XC667 Endangered Species; File No. 17304 AGENCY:

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

    ACTION:

    Notice; receipt of application for a permit modification.

    SUMMARY:

    Notice is hereby given that Kristen Hart, Ph.D., U.S. Geological Survey, 3205 College Ave., Davie, Florida 33314, has requested a modification to scientific research Permit No. 17302-02.

    DATES:

    Written, telefaxed, or email comments must be received on or before April 6, 2017.

    ADDRESSES:

    The modification request and related documents are available for review by selecting “Records Open for Public Comment” from the Features box on the Applications and Permits for Protected Species (APPS) home page, https://apps.nmfs.noaa.gov, and then selecting File No. 17304 mod 4 from the list of available applications. These documents are also available upon written request or by appointment in the Permits and Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone (301) 427-8401; fax (301) 713-0376.

    Written comments on this application should be submitted to the Chief, Permits and Conservation Division, at the address listed above. Comments may also be submitted by facsimile to (301) 713-0376, or by email to [email protected] Please include the File No. in the subject line of the email comment.

    Those individuals requesting a public hearing should submit a written request to the Chief, Permits and Conservation Division at the address listed above. The request should set forth the specific reasons why a hearing on this application would be appropriate.

    FOR FURTHER INFORMATION CONTACT:

    Erin Markin or Amy Hapeman, (301) 427-8401.

    SUPPLEMENTARY INFORMATION:

    The subject modification to Permit No. 17304-02, issued on September 20, 2013 (78 FR 59657) is requested under the authority of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.) and the regulations governing the taking, importing, and exporting of endangered and threatened species (50 CFR 222-226).

    Permit No. 17304-02 authorizes the permit holder to capture by hand, strike nets, dip net, tangle net, or trawl up to 100 green (Chelonia mydas), 20 hawksbill (Eretmochely imbricata), 300 Kemp's ridley (Lepidochelys kempii), and 300 loggerhead (Caretta caretta) sea turtles annually in the Gulf of Mexico from the Florida/Alabama border to the Louisiana/Texas border to determine the distribution, seasonal movements, vital rates and habitat use of sea turtles. Each turtle may be biologically sampled, marked, and/or tagged prior to release. The permit holder requests authorization to: (1) Expand the research area to include waters from the Louisiana/Texas border to the Texas/Mexico border; and (2) increase the number of green sea turtles taken from 100 to 200 animals annually. The permit is valid through September 30, 2018.

    Dated: March 1, 2017. Julia Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service.
    [FR Doc. 2017-04390 Filed 3-6-17; 8:45 am] BILLING CODE 3510-22-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-390-001.

    Applicants: Questar Overthrust Pipeline, LLC.

    Description: Questar Overthrust Pipeline, LLC submits tariff filing per 154.205(b): Statement of Negotiated Rates Version 7.1.0 to be effective 3/1/2017 under RP17-390 Filing Type: 600.

    Filed Date: 02/21/2017.

    Accession Number: 20170221-5280.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 06, 2017.

    Docket Numbers: RP17-409-000.

    Applicants: Natural Gas Pipeline Company of America.

    Description: Natural Gas Pipeline Company of America LLC submits tariff filing per 154.204: Discount-Type Adjustments for Negotiated Rate Agreements to be effective 3/23/2017 under RP17-409 Filing Type: 570.

    Filed Date: 02/21/2017.

    Accession Number: 20170221-5151.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 06, 2017.

    Docket Numbers: RP17-410-000.

    Applicants: Eastern Shore Natural Gas Company.

    Description: Eastern Shore Natural Gas Company submits tariff filing per 154.203: Filing to Comply with Order in Docket Nos. CP15-18-000, 001 to be effective 3/1/2017 under RP17-410 Filing Type: 580.

    Filed Date: 02/21/2017.

    Accession Number: 20170221-5160.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 06, 2017.

    Docket Numbers: RP17-411-000.

    Applicants: Tallgrass Interstate Gas Transmission, L.

    Description: Tallgrass Interstate Gas Transmission, LLC submits tariff filing per 154.204: NRA Rate 2017/2/28 Green Plains to be effective 3/1/2017 under RP17-411 Filing Type: 570.

    Filed Date: 02/21/2017.

    Accession Number: 20170221-5276.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 06, 2017.

    Docket Numbers: RP16-1173-001.

    Applicants: First ECA Midstream LLC.

    Description: First ECA Midstream LLC submits tariff filing per 154.203: Compliance to 103 to be effective 3/23/2017 under RP16-1173 Filing Type: 580.

    Filed Date: 02/22/2017.

    Accession Number: 20170222-5108.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 06, 2017.

    Docket Numbers: RP17-363-001.

    Applicants: Eastern Shore Natural Gas Company.

    Description: Eastern Shore Natural Gas Company submits tariff filing per 154.203: Correction of Metadata to be effective 3/1/2017 under RP17-363 Filing Type: 580.

    Filed Date: 02/23/2017.

    Accession Number: 20170223-5151.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, March 07, 2017.

    Docket Numbers: RP17-413-000.

    Applicants: UGI Sunbury, LLC.

    Description: Request for Waiver of Annual Retainage Adjustment Filing of UGI Sunbury, LLC under RP17-413.

    Filed Date: 02/23/2017.

    Accession Number: 20170223-5084.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, March 07, 2017.

    Docket Numbers: RP17-414-000.

    Applicants: Algonquin Gas Transmission, LLC.

    Description: Algonquin Gas Transmission, LLC submits tariff filing per 154.204: Negotiated Rate—Boston Gas to BBPC—793199 & 793201 to be effective 3/1/2017 under RP17-414 Filing Type: 570.

    Filed Date: 02/23/2017.

    Accession Number: 20170223-5127.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, March 07, 2017.

    Docket Numbers: RP17-415-000.

    Applicants: Texas Eastern Transmission, LP.

    Description: Texas Eastern Transmission, LP submits tariff filing per 154.204: Negotiated Rate—Chevron release to ConocoPhillips—8945011 to be effective 3/1/2017 under RP17-415 Filing Type: 570.

    Filed Date: 02/23/2017.

    Accession Number: 20170223-5128.

    Comment Date: 5:00 p.m. Eastern Time on Tuesday, March 07, 2017.

    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. 2017-04411 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. ID-7646-002] Balfour, Scott C.; Notice of Filing

    Take notice that on February 28, 2017, Scott C. Balfour, submitted for filing, an application for authority to hold interlocking positions, pursuant to section 305(b) of the Federal Power Act, 16 USCS 825d(b) (2016) and section 45.8 of the Federal Energy Regulatory Commission's (Commission) Rules of Practice and Procedure, 18 CFR part 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: March 1, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04417 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 14800-000] Lock 9 Hydro Partners; Notice of Preliminary Permit Application Accepted for Filing and Soliciting Comments and Motions To Intervene

    On September 1, 2016, Lock 9 Hydro Partners filed an application for a preliminary permit, pursuant to section 4(f) of the Federal Power Act (FPA), proposing to study the feasibility of the Valley View Hydroelectric Station Project (project) to be located at the Kentucky River Authority's Lock and Dam 9 on the Kentucky River in Jessamine and Madison Counties, Kentucky. The sole purpose of a preliminary permit, if issued, is to grant the permit holder priority to file a license application during the permit term. A preliminary permit does not authorize the permit holder to perform any land-disturbing activities or otherwise enter upon lands or waters owned by others without the owners' express permission.

    The proposed project would consist of the following: (1) The existing 242-foot-long, 35-foot-high concrete lock and dam; (2) the existing 343-acre reservoir having a storage capacity of 6,550-acre-feet; (3) twelve proposed 50-foot-long, 63-inch-diameter siphoning penstocks encased in concrete; (4) six submersible generating units, each fed by two penstocks, located within the auxiliary section of the dam with a total combined capacity of 3.36 megawatts; (5) a proposed 30-foot-long, 48-foot-wide on-shore building to house project controls; and (6) a proposed 2,000-foot-long, 12.47 kilovolt transmission line. The estimated annual generation of the project would be 12.9 gigawatt-hours.

    Applicant Contact: Mr. David Brown Kinloch, Lock 9 Hydro Partners, 414 S. Wenzel Street, Louisville, KY 40204; phone: (502) 589-0975.

    FERC Contact: Navreet Deo; phone: (202) 502-6304.

    Deadline for filing comments, motions to intervene, competing applications (without notices of intent), or notices of intent to file competing applications: 60 days from the issuance of this notice. Competing applications and notices of intent must meet the requirements of 18 CFR 4.36.

    The Commission strongly encourages electronic filing. Please file comments, motions to intervene, notices of intent, and competing applications using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-14800-000.

    More information about this project, including a copy of the application, can be viewed or printed on the “eLibrary” link of Commission's Web site at http://www.ferc.gov/docs-filing/elibrary.asp. Enter the docket number (P-14800-000) in the docket number field to access the document. For assistance, contact FERC Online Support.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04378 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1940-029] Wisconsin Public Service Corporation; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Type of Application: Major New License.

    b. Project No.: 1940-029.

    c. Date filed: March 28, 2016.

    d. Applicant: Wisconsin Public Service Corporation.

    e. Name of Project: Tomahawk Hydroelectric Project.

    f. Location: The existing project is located on the Wisconsin River in Lincoln County, Wisconsin. The project does not affect federal lands.

    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: Todd Jastremski, Asset Manager Hydro Operations, We Energies, 800 Industrial Park Drive, Iron Mountain, MI 49801, Telephone (906) 779-4099.

    i. FERC Contact: Lee Emery, Telephone (202) 502-8379, and email [email protected].

    j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary prescriptions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected], (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-1940-029.

    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. This application has been accepted for filing and is now ready for environmental analysis.

    l. The existing Tomahawk Hydroelectric Project consists of: (1) A 27-foot-high and 2,968-foot-long reinforced concrete and embankment dam that includes a: (a) 400-foot-long saddle dike, (b) 1,400-foot-long detached embankment, (c) 400-foot-long earthen embankment, (d) 125-foot-long concrete non-overflow slab and buttress section, (e) 267-foot-long concrete gated spillway section, (f) 9-foot-long concrete sluice gate section, (g) 300-foot-long right embankment, and (h) 67-foot-long concrete and brick masonry powerhouse housing two generating units with a total installed capacity of 2.6 megawatts; (2) a 67.5-foot-wide, 18 foot-high intake and ten 6-foot-wide sections of steel trashracks with clear bar spacing of 2.5 inches that is integral with the powerhouse; (3) Lake Mohawksin, the project reservoir with a surface area of 2,773 acres and 1,367 acre-feet of usable storage at the maximum full pool elevation of 1,435.5 feet National Geodetic Vertical Datum; (4) two 27.25-foot-long, 31.75-foot-wide, 9.25-foot-high draft tubes that discharges into a 34-foot-long, 60-foot-wide tailrace; (5) a 100-foot-long, 24.9 kilovolt transmission power line; and (6) appurtenant facilities. The project is estimated to generate an average of 9,836 megawatt-hours annually.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.

    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    o. Procedural Schedule: The application will be processed according to the following revised Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate.

    Milestone Target date Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions April, 2017. Commission issues EA September, 2017. Comments on EA October, 2017. Modified terms and conditions December, 2017.

    p. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice.

    q. A license applicant must file no later than 60 days following the date of issuance of the notice of acceptance and ready for environmental analysis provided for in 5.22: (1) A copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04375 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 1966-054] Wisconsin Public Service Corporation; Notice of Application Accepted for Filing, Soliciting Motions To Intervene and Protests, Ready for Environmental Analysis, and Soliciting Comments, Recommendations, Preliminary Terms and Conditions, and Preliminary Fishway Prescriptions

    Take notice that the following hydroelectric application has been filed with the Commission and is available for public inspection.

    a. Type of Application: Major New License.

    b. Project No.: 1966-054.

    c. Date filed: March 28, 2016.

    d. Applicant: Wisconsin Public Service Corporation.

    e. Name of Project: Grandfather Falls Hydroelectric Project.

    f. Location: The existing project is located on the Wisconsin River in Lincoln County, Wisconsin. The project does affect federal lands. There are non-reservation federal lands within the Project Boundary. One Bureau of Land Management (BLM)-owned island (0.1 acres) is located in the tailrace of the project boundary.

    g. Filed Pursuant to: Federal Power Act 16 U.S.C. 791(a)-825(r).

    h. Applicant Contact: Todd Jastremski, Asset Manager Hydro Operations, We Energies, 800 Industrial Park Drive, Iron Mountain, MI 49801, Telephone (906) 779-4099.

    i. FERC Contact: Lee Emery, Telephone (202) 502-8379, and email [email protected].

    j. Deadline for filing motions to intervene and protests, comments, recommendations, preliminary terms and conditions, and preliminary prescriptions: 60 days from the issuance date of this notice; reply comments are due 105 days from the issuance date of this notice.

    The Commission strongly encourages electronic filing. Please file motions to intervene, protests, comments, recommendations, preliminary terms and conditions, and preliminary fishway prescriptions using the Commission's eFiling system at http://www.ferc.gov/docs-filing/efiling.asp. Commenters can submit brief comments up to 6,000 characters, without prior registration, using the eComment system at http://www.ferc.gov/docs-filing/ecomment.asp. You must include your name and contact information at the end of your comments. For assistance, please contact FERC Online Support at [email protected]. (866) 208-3676 (toll free), or (202) 502-8659 (TTY). In lieu of electronic filing, please send a paper copy to: Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426. The first page of any filing should include docket number P-1966-054.

    The Commission's Rules of Practice require all intervenors filing documents with the Commission to serve a copy of that document on each person on the official service list for the project. Further, if an intervenor files comments or documents with the Commission relating to the merits of an issue that may affect the responsibilities of a particular resource agency, they must also serve a copy of the document on that resource agency.

    k. This application has been accepted for filing and is now ready for environmental analysis.

    l. The existing Grandfather Falls Hydroelectric Project consists of: (1) A 36-foot-high and 762-foot-long reinforced concrete dam consisting of a 52-foot-long masonry retaining wall, a 263-foot-long concrete spillway section, a 147-foot-long non-overflow masonry dam, and a 300-foot-long rockfill embankment; (2) a 108-foot-long, 12-foot-wide timber (concrete pier supported) canal bridge that crosses the upstream end of the canal, three intake canal embankments totaling 3,400 feet in length, a 4,000-foot-long, 300-foot-wide intake canal, and a 55.5-foot-wide intake structure; (3) an existing 340-acre reservoir at elevation 1,397.1 National Geodetic Vertical Datum (NGVD) and a gross storage capacity of 2,200 acre-feet with the pool elevation maintained between 1,396.1 and 1,397.1 feet NGVD; (4) two 55.5-foot-wide, 30.5-foot-high trashracks with clear bar spacing of 2.5 inches; (5) an 11-foot-diameter, 1,317-foot-long wood-stave penstock that transitions into a 30-foot-long steel penstock and a 13.5-foot-diameter 1,310-foot-long wood-stave penstock that transitions into a 30-foot-long steel penstock; (6) a 51-foot-diameter surge tank with a 37.87-foot-high internal riser and a 39-foot-diameter surge tank with a 33.43-foot-high internal riser that are connected to the steel portion of the penstocks; (7) a 67-foot-wide, 53-foot-long, 46-foot-high concrete and masonry powerhouse containing two generating units with a total installed capacity of 17.24 megawatts (MW); (8) a 50-foot-long, 60-foot-wide bedrock excavated tailrace; (9) a 300-foot-long, 46 kilovolt overhead transmission power line; and (10) appurtenant facilities. The project is estimated to generate an average of 72,031.72 megawatt-hours annually.

    m. A copy of the application is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site at http://www.ferc.gov using the “eLibrary” link. Enter the docket number excluding the last three digits in the docket number field to access the document. For assistance, contact FERC Online Support. A copy is also available for inspection and reproduction at the address in item h above.

    Register online at http://www.ferc.gov/docs-filing/esubscription.asp to be notified via email of new filings and issuances related to this or other pending projects. For assistance, contact FERC Online Support.

    n. Anyone may submit comments, a protest, or a motion to intervene in accordance with the requirements of Rules of Practice and Procedure, 18 CFR 385.210, .211, and .214. In determining the appropriate action to take, the Commission will consider all protests or other comments filed, but only those who file a motion to intervene in accordance with the Commission's Rules may become a party to the proceeding. Any comments, protests, or motions to intervene must be received on or before the specified comment date for the particular application.

    All filings must (1) bear in all capital letters the title “PROTEST”, “MOTION TO INTERVENE”, “COMMENTS,” “REPLY COMMENTS,” “RECOMMENDATIONS,” “PRELIMINARY TERMS AND CONDITIONS,” or “PRELIMINARY FISHWAY PRESCRIPTIONS;” (2) set forth in the heading the name of the applicant and the project number of the application to which the filing responds; (3) furnish the name, address, and telephone number of the person protesting or intervening; and (4) otherwise comply with the requirements of 18 CFR 385.2001 through 385.2005. All comments, recommendations, terms and conditions or prescriptions must set forth their evidentiary basis and otherwise comply with the requirements of 18 CFR 4.34(b). Agencies may obtain copies of the application directly from the applicant. A copy of any protest or motion to intervene must be served upon each representative of the applicant specified in the particular application. A copy of all other filings in reference to this application must be accompanied by proof of service on all persons listed in the service list prepared by the Commission in this proceeding, in accordance with 18 CFR 4.34(b) and 385.2010.

    o. Procedural Schedule: The application will be processed according to the following revised Hydro Licensing Schedule. Revisions to the schedule may be made as appropriate.

    Milestone Target date Filing of recommendations, preliminary terms and conditions, and preliminary fishway prescriptions April, 2017. Commission issues EA September, 2017. Comments on EA or EIS October, 2017. Modified terms and conditions December, 2017.

    p. Final amendments to the application must be filed with the Commission no later than 30 days from the issuance date of this notice.

    q. A license applicant must file no later than 60 days following the date of issuance of the notice of acceptance and ready for environmental analysis provided for in § 5.22: (1) A copy of the water quality certification; (2) a copy of the request for certification, including proof of the date on which the certifying agency received the request; or (3) evidence of waiver of water quality certification.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04376 Filed 3-6-17; 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: ER10-1959-006; ER15-2014-003; ER15-2013-005; ER15-2020-004; ER15-2018-003; ER15-2022-003; ER15-2026-003; ER17-105-002; ER17-104-002; ER17-556-001; ER10-2432-012; ER10-2435-012; ER10-2440-010; ER10-71-004; ER10-2444-012; ER10-2446-010; ER10-2449-010; ER13-2308-005; ER12-2510-007; ER12-2512-007; ER12-2513-007; ER10-3286-011; ER10-3299-010; ER10-3310-012; ER11-2489-009; ER12-726-007; ER12-2639-007; ER11-3620-010; ER12-1431-008; ER12-1434-008; ER12-1432-008; ER12-1435-008; ER13-2102-006; ER14-1439-006; ER15-1019-005; ER10-2628-005; ER11-3959-007.

    Applicants: Lower Mount Bethel Energy, LLC, Brunner Island, LLC, Talen Energy Marketing, LLC, Talen Montana, LLC, Martins Creek, LLC, Montour, LLC, Susquehanna Nuclear, LLC, Broadview Energy JN, LLC, Broadview Energy KW, LLC, Grady Wind Energy Center, LLC, Bayonne Plant Holding, L.L.C., Camden Plant Holding, L.L.C., Dartmouth Power Associates Limited Partnership, Elmwood Park Power, LLC, Newark Bay Cogeneration Partnership, L.P., Pedricktown Cogeneration Company LP, York Generation Company LLC, Sapphire Power Marketing LLC, Brandon Shores LLC, H.A. Wagner LLC, Raven Power Marketing LLC, Millennium Power Partners, LP, New Athens Generating Company, LLC, New Harquahala Generating Company, LLC, Hatchet Ridge Wind, LLC, Spring Valley Wind LLC, Ocotillo Express LLC, Lyonsdale Biomass, LLC, ReEnergy Ashland LLC, ReEnergy Fort Fairfield LLC, ReEnergy Livermore Falls LLC, ReEnergy Stratton LLC, ReEnergy Black River LLC, TrailStone Power, LLC, Fowler Ridge IV Wind Farm LLC, Lost Creek Wind, LLC, Post Rock Wind Power Project, LLC.

    Description: Notice of Non-Material Change in Status of the Riverstone MBR Entities.

    Filed Date: 2/27/17.

    Accession Number: 20170227-5242.

    Comments Due: 5 p.m. ET 3/20/17.

    Docket Numbers: ER16-2100-001; ER16-2101-001.

    Applicants: Gila River Power LLC.

    Description: Second Supplement to June 30, 2016 and October 3, 2016 Updated Market Power Analysis for Southwest Region of Gila River Power LLC, et. al.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5360.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-468-002.

    Applicants: Ohio Valley Electric Corporation.

    Description: Compliance filing: Errata to December 1 Amendment Filing to be effective 10/14/2016.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5246.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1057-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Revisions to OA Sched 1, sec 7.9 and OATT Att K-Appx, sect 7.9 RE Residual ARR to be effective 5/1/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5235.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1060-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: PSCo-TSGT-JM Shafer IA 114 0.1.0 to be effective 2/28/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5248.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1061-000.

    Applicants: Midcontinent Independent System Operator, Inc.

    Description: § 205(d) Rate Filing: 2017-02-28_Submittal of pro forma Pseudo-Tie Agreement & assoc. tariff revisions to be effective 3/15/2017.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5287.

    Comments Due: 5 p.m. ET 3/21/17.

    Docket Numbers: ER17-1063-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Queue Position AB2-057, Original Service Agreement No. 4648 to be effective 1/31/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5087.

    Comments Due: 5 p.m. ET 3/22/17.

    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: March 1, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04409 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-62-000] Gulf South Pipeline Company, LP; Notice of Intent To Prepare a Supplemental Environmental Assessment for the Amended Coastal Bend Header Project and Request for Comments on Environmental Issues

    The staff of the Federal Energy Regulatory Commission (FERC or Commission) will prepare an environmental assessment (EA) that will discuss the environmental impacts of the amendment to the Coastal Bend Header Project (Project) involving construction and operation of facilities by Gulf South Pipeline Company, LP (Gulf South) in southeastern Texas. The Commission will use this EA in its decision-making process to determine whether the amendment to the Project is in the public convenience and necessity.

    This notice announces the opening of the scoping process the Commission will use to gather input from the public and interested agencies on the Project. Your input during the scoping process will help the Commission staff determine what issues need to be evaluated in the EA. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or lessen environmental impacts. Please note that the scoping period will close on March 31, 2017.

    Further details on how to submit written comments are in the Public Participation section of this notice. If you sent comments on this project to the Commission before the opening of this docket on November 5, 2014, you will need to file those comments in Docket No. CP17-62-000 to ensure they are considered as part of this proceeding.

    This notice is being sent to the Commission's current environmental mailing list for this Project and includes landowners affected by the amended Project. State and local government officials are asked to notify their constituents of this planned Project and encourage them to comment on their areas of concern.

    A fact sheet prepared by the FERC entitled “An Interstate Natural Gas Facility on My Land? What Do I Need to Know?” is available for viewing on the FERC Web site (www.ferc.gov). This fact sheet addresses a number of typically asked questions, including the use of eminent domain and how to participate in the Commission's proceedings.

    Public Participation

    You can make a difference by providing us with your specific comments or concerns about the Project. Your comments should focus on the potential environmental effects, reasonable alternatives, and measures to avoid or minimize environmental impacts. The more specific your comments, the more useful they will be. To ensure that your comments are timely and properly recorded, please send your comments so the Commission receives them in Washington, DC on or before March 31, 2017.

    For your convenience, there are three methods you can use to submit your comments to the Commission. In all instances, please reference the Project docket number (CP17-62-000) with your submission. The Commission encourages electronic filing of comments and has expert staff available to assist you at (202) 502-8258 or [email protected]

    1. You can file your comments electronically using the eComment feature located on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. This is an easy method for interested persons to submit brief, text-only comments on a project;

    2. You can file your comments electronically using the eFiling feature located on the Commission's Web site (www.ferc.gov) under the link to Documents and Filings. With eFiling, you can provide comments in a variety of formats by attaching them as a file with your submission. New eFiling users must first create an account by clicking on “eRegister.” You must select the type of filing you are making. If you are filing a comment on a particular project, please select “Comment on a Filing”; or

    3. You can file a paper copy of your comments by mailing them to the following address: Kimberly D. Bose, Secretary, Federal Energy Regulatory Commission, 888 First Street NE., Room 1A, Washington, DC 20426.

    Summary of the Planned Project and Proposed Amendment

    On June 12, 2015, Gulf South Pipeline Company, LP (Gulf South) filed an application with the FERC for the Coastal Bend Header Project (Project), pursuant to Section 7(c) of the Natural Gas Act and Part 157 of the Commission's regulations for a Certificate of Public Convenience and Necessity (Certificate) in Docket No. CP15-517-000. The EA for the Project was placed into the public record on January 29, 2016. On June 20, 2016, the Commission issued an Order Issuing Certificate (Order) to Gulf South authorizing the Project, and Gulf South accepted the Order on June 21, 2016 pursuant to Section 157.20(a) of the Commission's Regulations.

    Gulf South has been authorized to construct 64 miles of 36-inch diameter pipeline in Wharton and Brazoria Counties, Texas, a new compressor station in Wharton County along the new pipeline, and two new compressor stations and upgrades at two compressor stations along Gulf South's existing Index 129 pipeline in Fort Bend, Harris, Polk, and Sabine Counties, Texas. The new pipeline would enable delivery of 1.54 billion cubic feet per day (bcf/d) of natural gas to the proposed Freeport Liquefied Natural Gas (LNG) Export Terminal near Freeport, Texas. Gulf South's planned in-service date for Project facilities is spring 2018.

    On September 25, 2015, Gulf South filed a Stipulation and Agreement of Settlement in its recent rate case, in Docket No. RP15-65-000 (Settlement), which was approved by the Commission on December 18, 2015. In order to accommodate volumes associated with the Project and volumes associated with contractual modifications by Gulf South's existing shipper, CenterPoint Energy Resources Corporation, in the Settlement that occurred after the filing of the Project, Gulf South was required to increase the size of the currently certificated gas-fired turbine compressor unit at its Magasco Compressor Station in Sabine County, Texas.

    On February 22, Gulf South filed a Section 7(c) application to amend its Order issued by the Commission on June 20, 2016. In this amendment, Gulf South now seeks Commission authorization to incorporate a modification to the compressor unit to be installed at the Magasco Compressor Station, which is located along Gulf South's Index 129 legacy system. Gulf South is proposing to install a Solar Titan 130 compressor unit, rather than a Solar Mars 100 compressor unit as proposed in the June 2015 FERC application and approved in the June 20, 2016 Order. The Solar Titan 130 compressor unit is capable of generating approximately 20,482 brake-horsepower (bhp) of compression, which is an increase of approximately 4,734 bhp compared to the previously authorized Solar Mars 100 compressor unit. Gulf South also proposes to modify the emergency generator from an 800 bhp unit to a 691 bhp unit.

    The location of the Magasco Compressor Station and the approved pipeline facilities are depicted in the figures in Appendix 1.1

    1 The appendices referenced in this notice are not being printed in the Federal Register. Copies of 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.

    Land Requirements for Construction

    Gulf South does not propose any additional modifications to the station yard piping and ancillary equipment that would be installed along with the compressor unit. Therefore, there would be no change in land requirements for the Project.

    The EA Process

    The National Environmental Policy Act (NEPA) requires the Commission to take into account the environmental impacts that could result from an action whenever it considers the issuance of a Certificate of Public Convenience and Necessity. NEPA also requires us 2 to discover and address concerns the public may have about proposals. This process is referred to as scoping. The main goal of the scoping process is to focus the analysis in the EA on the important environmental issues. By this notice, the Commission requests public comments on the scope of the issues to address in the EA. All comments received will be considered during the preparation of the EA.

    2 “Us,” “we,” and “our” refer to the environmental staff of the Commission's Office of Energy Projects.

    In the EA we will discuss impacts that could occur as a result of the construction and operation of the planned Project under these general headings:

    • Geology and soils;

    • water resources;

    • wetlands and vegetation;

    • fish and wildlife including migratory birds;

    • threatened and endangered species;

    • land use, recreation, and visual resources;

    • air quality and noise;

    • cultural resources;

    • reliability and safety; and

    • cumulative environmental impacts.

    We will also evaluate reasonable alternatives to the proposed Project modification including the no action alternative, and make recommendations on how to minimize or avoid impacts on affected resources.

    The supplemental EA will present our independent analysis of the issues. The EA will be available in the public record through eLibrary. Depending on the comments received during the scoping process, we may also publish and distribute the EA to the public for an allotted comment period. We will consider all comments on the EA before making our recommendations to the Commission. To ensure we have the opportunity to consider and address your comments, please carefully follow the instructions in the Public Participation section beginning on page 5.

    With this notice, we are asking agencies with jurisdiction by law and/or special expertise with respect to the environmental issues related to this Project to formally cooperate with us in the preparation of the EA.3 Agencies that would like to request cooperating agency status should follow the instructions for filing comments provided under the Public Participation section of this notice.

    3 The Council on Environmental Quality regulations addressing cooperating agency responsibilities are at Title 40, Code of Federal Regulations, Part 1501.6.

    Consultations Under Section 106 of the National Historic Preservation Act

    In accordance with the Advisory Council on Historic Preservation's regulations for Section 106 of the National Historic Preservation Act, we are using this notice to initiate consultation with the Texas Historical Commission which has been given the role of the State Historic Preservation Officer (SHPO) for Texas, and to solicit the SHPO's view and those of other government agencies, interested Indian tribes, and the public on the Project's potential effects on historic properties.4 We will define the Project-specific Area of Potential Effects in consultation with the SHPO as the Project is further developed. Our environmental document for the Project will document our findings of the impacts on historic properties and summarize the status of consultations under Section 106.

    4 The Advisory Council on Historic Preservation regulations are at Title 36, Code of Federal Regulations, Part 800. Those regulations define historic properties as any prehistoric or historic district, site, building, structure, or object included in or eligible for inclusion in the National Register for Historic Places.

    Currently Identified Environmental Issues

    The proposed increase of 4,734 bhp in compression at Magasco Compressor Station would have a potential impact on air quality and noise emissions.

    Environmental Mailing List

    The environmental mailing list includes federal, state, and local government representatives and agencies; elected officials; environmental and public interest groups; Native American Tribes; other interested parties; and local libraries and newspapers. This list also includes all identified landowners who own homes within one-half-mile of the Magasco Compressor Station, and anyone who submits comments on the Project. We will update the environmental mailing list as the analysis proceeds to ensure that we send the information related to this environmental review to all individuals, organizations, and government entities interested in and/or potentially affected by the proposed Project.

    When an EA is published for distribution, copies will be sent to the environmental mailing list for public review and comment. If you would prefer to receive a paper copy of the document instead of the CD version, or would like to remove your name from the mailing list, please return the attached Information Request (Appendix 2).

    Becoming an Intervenor

    In addition to involvement in the supplemental EA scoping process, you may want to become an “intervenor,” which is an official party to the Commission's proceeding. Intervenors play a more formal role in the process and are able to file briefs, appear at hearings, and be heard by the courts if they choose to appeal the Commission's final ruling. An intervenor formally participates in the proceeding by filing a request to intervene. Instructions for becoming an intervenor are in the User's Guide under the “e-filing” link on the Commission's Web site.

    Additional Information

    Additional information about the Project is available from the Commission's Office of External Affairs, at (866) 208-FERC, or on the FERC Web site (www.ferc.gov) using the eLibrary link. Click on the eLibrary link, click on “General Search” and enter the docket number, excluding the last three digits in the Docket Number field (i.e., CP17-62). Be sure you have selected an appropriate date range. For assistance, please contact FERC Online Support at [email protected] or toll free at (866) 208-3676, or for TTY, contact (202) 502-8659. The eLibrary link also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rulemakings.

    In addition, the Commission offers a free service called eSubscription which allows you to keep track of all formal issuances and submittals in specific dockets. This can reduce the amount of time you spend researching proceedings by automatically providing you with notification of filings, document summaries, and direct links to the documents. Go to www.ferc.gov/esubscribenow.htm.

    Finally, Gulf South has established a Web site for the Project at http://www.gulfsouthpl.com/ExpansionProjects.aspx?id=4294967425. The Web site includes a description of the Project, permitting schedules and calendars, frequently asked questions and responses, and links to related press releases and news articles. You can also request additional information directly from Gulf South at (844) 211-6282 or by clicking on the following link on the Gulf South Web site that will take you to an online submittal form: http://www.gulfsouthpl.com/ExpansionProjects.aspx?ekfrm=4294967452.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04379 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP16-496-000] Tennessee Gas Pipeline Company, L.L.C.; Notice of Schedule for Environmental Review of the Lone Star Project

    On August 19, 2016, Tennessee Gas Pipeline Company, L.L.C. (Tennessee) filed an application in Docket No. CP16-496-000 requesting a Certificate of Public Convenience and Necessity pursuant to Section 7(c) of the Natural Gas Act to construct and operate certain natural gas pipeline facilities. The proposed project is known as the Lone Star Project (Project), and would allow Tennessee to provide firm incremental transportation service of up to 300 million cubic feet per day to the Corpus Christi Liquefaction, LLC facility currently under construction in San Patricio County, Texas.

    On September 1, 2016 the Federal Energy Regulatory Commission (Commission or FERC) issued its Notice of Application for the Project. Among other things, that notice alerted agencies issuing federal authorizations of the requirement to complete all necessary reviews and to reach a final decision on a request for a federal authorization within 90 days of the date of issuance of the Commission staff's Environmental Assessment (EA) for the Project. This instant notice identifies the FERC staff's planned schedule for the completion of the EA for the Project.

    Schedule for Environmental Review Issuance of EA—May 26, 2017 90-day Federal Authorization Decision Deadline—August 24, 2017

    If a schedule change becomes necessary, additional notice will be provided so that the relevant agencies are kept informed of the Project's progress.

    Project Description

    Tennessee proposes to construct and operate the following facilities as part of the Project: (1) A new 10,915 horsepower compressor station (CS 3A) in San Patricio County, Texas; and (2) a new 20,500 horsepower compressor station (CS 11A) in Jackson County, Texas. The proposed facilities would be on Tennessee's existing Line 100. Tennessee proposes to begin construction of the Project by January 2018 and to place the facilities in service by January 1, 2019.

    Background

    On October 12, 2016, the Commission issued a Notice of Intent to Prepare an Environmental Assessment for the Proposed Lone Star Project and Request for Comments on Environmental Issues (NOI). The NOI was sent to affected landowners; federal, state, and local government agencies; elected officials; environmental and public interest groups; Native American tribes; other interested parties; and local libraries and newspapers. In response to the NOI, the Commission received comments from local residents and the U.S. Environmental Protection Agency. The primary issues raised by commenters are impacts associated with the proposed CS 11A site location and alternative site locations, air quality and noise impacts, nighttime lighting, surface water and groundwater impacts, industrialization and impacts on property values, environmental justice, and pipeline safety.

    Additional Information

    In order to receive notification of the issuance of the EA and to keep track of all formal issuances and submittals in specific dockets, the Commission offers a free service called eSubscription. 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.

    Additional information about the Project is available from the Commission's Office of External Affairs at (866) 208-FERC or on the FERC Web site (www.ferc.gov). Using the “eLibrary” link, select “General Search” from the eLibrary menu, enter the selected date range and “Docket Number” excluding the last three digits (i.e., CP16-496), and follow the instructions. For assistance with access to eLibrary, the helpline can be reached at (866) 208-3676, TTY (202) 502-8659, or at [email protected] The eLibrary link on the FERC Web site also provides access to the texts of formal documents issued by the Commission, such as orders, notices, and rule makings.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04373 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. CP17-62-000] Gulf South Pipeline Company, LP; Notice of Application

    Take notice that on February 22, 2017, Gulf South Pipeline Company, LP (Gulf South), 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, filed an application pursuant to section 7(c) of the Natural Gas Act (NGA) requesting authorization to amend its certificate of public convenience and necessity issued by the Commission, in Docket No. CP15-517-000 for the Coastal Bend Header Project.

    Specifically, Gulf South requests to amend its certificate to (i) install a gas-fired Solar Titan 130 turbine compressor unit in place of the currently certificated gas-fired Solar Mars 100 turbine compressor unit at the Magasco Compressor Station, located in Sabine County, Texas, increasing the horsepower from 15,748 hp to 20,482 hp and (ii) modify the emergency generator from an 800 brake-horsepower (bhp) unit to a 691 bhp unit. This amendment will not require any additional workspace or land disturbance beyond what has been approved by the Commission. The estimated cost of the amendment is approximately $3 million, all as more fully set forth in the application which is on file with the Commission and open to public inspection. The filing is available for review at the Commission in the Public Reference Room or may be viewed on the Commission's Web site 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, (886) 208-3676 or TYY, (202) 502-8659.

    Any questions regarding this application may be directed to Kathy D. Fort, Manager, Certificates & Tariffs, Gulf South Pipeline Company, LP, 9 Greenway Plaza, Suite 2800, Houston, Texas 77046, by telephone at (713) 479-8252, or by email to [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 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 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 seven 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 7 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 22, 2017.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04374 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings

    Take notice that the Commission has received the following Natural Gas Pipeline Rate and Refund Report filings:

    Filings Instituting Proceedings

    Docket Numbers: RP17-416-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.204: Negotiated Rate Service Agreement—BP Energy Company to be effective 4/1/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5006.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-417-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.204: Updated Initial Retainage Rate 3-1-2017 to be effective 3/1/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5009.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-418-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Rockies Express Pipeline LLC submits tariff filing per 154.204: Neg Rate 2017-02-24 ConocoPhillips to be effective 2/24/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5067.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-419-000.

    Applicants: El Paso Natural Gas Company, L.L.C.

    Description: El Paso Natural Gas Company, L.L.C. submits tariff filing per 154.601: Negotiated Rate Agreement Update (Pioneer Mar 2017) to be effective 3/1/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5085.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-420-000.

    Applicants: TransColorado Gas Transmission Company L.

    Description: TransColorado Gas Transmission Company LLC submits tariff filing per 154.601: Negotiated Rate Agreement Update (Conoco 2017) to be effective 3/1/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5086.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-421-000.

    Applicants: Dominion Carolina Gas Transmission, LLC.

    Description: Dominion Carolina Gas Transmission, LLC submits tariff filing per 154.203: DCGT—2016 Annual Peak Day Capacity Report.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5112.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-422-000.

    Applicants: Rockies Express Pipeline LLC.

    Description: Rockies Express Pipeline LLC submits tariff filing per 154.204: Neg Rate 2017-02-24 BP for 2-25 to be effective 2/25/2017.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5161.

    Comment Date: 5:00 p.m. Eastern Time on Wednesday, March 08, 2017.

    Docket Numbers: RP17-423-000.

    Applicants: EQT Energy, LLC, EQT Production Company, Stone Energy Corporation.

    Description: Joint Petition of EQT Energy, LLC, et. al. for Limited Waivers and Request for Expedited Action.

    Filed Date: 02/24/2017.

    Accession Number: 20170224-5190.

    Comment Date: 5:00 p.m. Eastern Time on Friday, March 03, 2017.

    Docket Numbers: RP17-424-000.

    Applicants: Kern River Gas Transmission Company.

    Description: Kern River Gas Transmission Company submits tariff filing per 154.204: 2017 Daggett Surcharge to be effective 4/1/2017.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5092.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    Docket Numbers: RP17-425-000.

    Applicants: Equitrans, L.P.

    Description: Equitrans, L.P. submits tariff filing per 154.204: Assignment of Stone Energy to EQT Energy to be effective 2/27/2017.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5109.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    Docket Numbers: RP17-426-000.

    Applicants: LA Storage, LLC.

    Description: LA Storage, LLC submits tariff filing per 154.203: LA Storage Annual Adjustment of Fuel Retainage Percentage to be effective 3/1/2017.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5122.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    Docket Numbers: RP17-427-000.

    Applicants: Golden Pass Pipeline LLC.

    Description: Golden Pass Pipeline LLC submits tariff filing per 154.203: Golden Pass Pipeline 2016 Annual Operational Purchases and Sales Report.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5147.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    Docket Numbers: RP17-428-000.

    Applicants: Tallgrass Interstate Gas Transmission, L.

    Description: Tallgrass Interstate Gas Transmission, LLC submits tariff filing per 154.204: FL&U Percentage and Electric Power Charge Periodic Rate Adjustment to be effective 4/1/2017.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5166.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    Docket Numbers: RP17-429-000.

    Applicants: Golden Pass Pipeline LLC.

    Description: Golden Pass Pipeline LLC submits tariff filing per 154.203: Golden Pass Pipeline 2017 Annual Retainage Report to be effective 4/1/2017.

    Filed Date: 02/27/2017.

    Accession Number: 20170227-5185.

    Comment Date: 5:00 p.m. Eastern Time on Monday, March 13, 2017.

    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: March 1, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04412 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket No. NJ17-10-000] City of Dover, Delaware; Notice of Filing

    Take notice that on February 17, 2017, the City of Dover, Delaware submitted its tariff filing: City of Dover, Delaware Revised Rate Schedule to be effective June 1, 2017.

    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 Applicant and all the parties in this proceeding.

    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 10, 2017.

    Dated: March 1, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04418 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #2

    Take notice that the Commission received the following electric corporate filings:

    Docket Numbers: EC17-49-000.

    Applicants: GridLiance West Transco LLC.

    Description: Response to February 10, 2017 Deficiency Letter of GridLiance West Transco LLC.

    Filed Date: 2/21/17.

    Accession Number: 20170221-5185.

    Comments Due: 5 p.m. ET 3/14/17.

    Docket Numbers: EC17-71-000.

    Applicants: Broadview Energy JN, LLC, Broadview Energy KW, LLC.

    Description: Supplement to January 27, 2017 Application for Authorization for Disposition of Jurisdictional Facilities of Broadview Energy JN, LLC, et al.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5367.

    Comments Due: 5 p.m. ET 3/10/17.

    Take notice that the Commission received the following electric rate filings:

    Docket Numbers: ER11-2395-000.

    Applicants: Westar Energy, Inc.

    Description: Report Filing: Westar TFR Refund Report in Compliance with DAA Audit Report to be effective N/A.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5149.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1066-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendment to Service Agreement No. 2267, Queue No. U2-059 re: Assignment to EPP to be effective 7/31/2009.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5145.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1067-000.

    Applicants: Public Service Company of Colorado.

    Description: § 205(d) Rate Filing: PSCo-TSGT-E&P-405-0.1.0-NOC to be effective 3/2/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5165.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1068-000.

    Applicants: PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: Amendments to 10 Service Agreements re: MAIT Assignments to be effective 11/4/2003.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5167.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1069-000.

    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: MAIT and Penelec submit Operating and Interconnection Agreement SA No. 4578 to be effective 2/1/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5177.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1070-000.

    Applicants: Monument Valley Solar Lessee, LLC.

    Description: Baseline eTariff Filing: Baseline new to be effective 3/30/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5182.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1071-000.

    Applicants: Duke Energy Progress, LLC.

    Description: § 205(d) Rate Filing: DEP-Amended RS No. 199 Wholesale Depreciation Rates to be effective 11/26/2015.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5187.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1072-000.

    Applicants: Mid-Atlantic Interstate Transmission, LLC, PJM Interconnection, L.L.C.

    Description: § 205(d) Rate Filing: MAIT and Met-Ed submit Operating and Interconnection Agreement SA No. 4577 to be effective 2/1/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5207.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1073-000.

    Applicants: ISO New England Inc.

    Description: Eleventh Forward Capacity Auction Results of ISO New England Inc.

    Filed Date: 2/28/17.

    Accession Number: 20170228-5371.

    Comments Due: 5 p.m. ET 4/14/17.

    Docket Numbers: ER17-1074-000.

    Applicants: Luning Energy LLC.

    Description: Compliance filing: Compliance 2017 to be effective 1/2/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5244.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1075-000.

    Applicants: Portland General Electric Company.

    Description: § 205(d) Rate Filing: EIM OATT Filing to be effective 5/1/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5250.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1076-000.

    Applicants: Duke Energy Carolinas, LLC, Duke Energy Florida, LLC, Duke Energy Progress, LLC.

    Description: § 205(d) Rate Filing: OATT Attachment C-1 and C-3 Amendment to be effective 5/1/2017.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5262.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1077-000.

    Applicants: Wisconsin Public Service Corporation.

    Description: § 205(d) Rate Filing: Revised Market Based Rate Tariff to be effective 2/25/2016.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5267.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1078-000.

    Applicants: Wisconsin River Power Company.

    Description: § 205(d) Rate Filing: Revised Market Based Rate Tariff to be effective 2/25/2016.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5277.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1079-000.

    Applicants: Wisconsin Electric Power Company.

    Description: § 205(d) Rate Filing: Wisconsin Electric Market Based Rate Tariff O819 Filing to be effective 2/25/2016.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5280.

    Comments Due: 5 p.m. ET 3/22/17.

    Docket Numbers: ER17-1080-000.

    Applicants: Combined Locks Energy Center, LLC.

    Description: § 205(d) Rate Filing: Revised Market Based Rate Tariff to be effective 2/25/2016.

    Filed Date: 3/1/17.

    Accession Number: 20170301-5281.

    Comments Due: 5 p.m. ET 3/22/17.

    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: March 1, 2017. Nathaniel J. Davis, Sr., Deputy Secretary.
    [FR Doc. 2017-04410 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Project No. 13318-003] Swan Lake North Pumped Storage Project; Notice of Meeting

    Commission staff will meet with representatives of the Klamath Tribes (Tribes) regarding the proposed Swan Lake North Pumped Storage Project (Project No. 13318-003). The meeting will be held at the location and time listed below:

    Klamath Tribes, Tribal Administration Building, 501 Chiloquin Blvd., Chiloquin, OR 97624, Phone: (541) 783-2219, Thursday, March 30, 2017, 1:00 p.m. PDT

    Members of the public, intervenors, agencies, and the applicant, in the referenced proceeding may attend this meeting; however, participation will be limited to only tribal representatives and Commission staff. If the Tribes decide to disclose information about a specific location which could create a risk or harm to an archeological site or Native American cultural resource, the public will be excused for that portion of the meeting.1 If you plan to attend this meeting, please contact Dr. Frank Winchell at the Federal Energy Regulatory Commission. He can be reached at (202) 502-6104.

    1 Protection from public disclosure involving this kind of specific information is based upon 18 CFR 4.32(b)(3)(ii) of the Commission's regulations implementing the Federal Power Act.

    Dated: March 1, 2017. Kimberly D. Bose, Secretary.
    [FR Doc. 2017-04377 Filed 3-6-17; 8:45 am] BILLING CODE 6717-01-P
    ENVIRONMENTAL PROTECTION AGENCY [FRL-9959-96-OAR] Notice Regarding Withdrawal of Obligation To Submit Information AGENCY:

    Environmental Protection Agency.

    ACTION:

    Notice.

    SUMMARY:

    The Environmental Protection Agency (EPA) is providing notice that it is withdrawing its requests that owners and operators in the oil and natural gas industry provide information on equipment and emissions at existing oil and gas operations.

    FOR FURTHER INFORMATION CONTACT:

    Peter Tsirigotis, Director, Sector Policies & Programs Division, Office of Air Quality Planning & Standards, Office of Air & Radiation, Mail code D205-01, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, Research Triangle Park, NC 27709; 1-888-372-8696; [email protected]

    SUPPLEMENTARY INFORMATION:

    In 2016, EPA sent letters to more than 15,000 owners and operators in the oil and gas industry, requiring them to provide information. The information request comprised two parts: An “operator survey” that asked for basic information on the numbers and types of equipment at onshore oil and gas production facilities in the United States, and a “facility survey” asking for more detailed information on sources of methane emissions and emissions control devices or practices in use by a representative sampling of facilities in several segments of the oil and gas industry. EPA is withdrawing both parts of the information request.

    The withdrawal is occurring because EPA would like to assess the need for the information that the agency was collecting through these requests, and reduce burdens on businesses while the Agency assesses such need. This also comes after the Agency received a letter on March 1, 2017 from nine state Attorneys General and the Governors of Mississippi and Kentucky, expressing concern with the burdens on businesses imposed by the pending requests. EPA takes these concerns seriously and is committed to strengthening its partnership with the states.

    The withdrawal was effective upon announcement on March 2, 2017. As such, owners and operators—including those who have received an extension to their due dates for providing the information—are no longer required to respond.

    Dated: March 2, 2017. E. Scott Pruitt, Administrator.
    [FR Doc. 2017-04458 Filed 3-2-17; 4:15 pm] BILLING CODE 6560-50-P
    FEDERAL COMMUNICATIONS COMMISSION [DA 17-181] Disability Advisory Committee; Announcement of Members and Date of First Meeting AGENCY:

    Federal Communications Commission.

    ACTION:

    Notice.

    SUMMARY:

    This document announces the meeting date, time and agenda of the first meeting of the second term of its Disability Advisory Committee (“DAC” or “Committee”). The meeting is open to the public. During this meeting, members of the Committee will discuss: The roles and responsibilities of the Committee and its members; issues that the Committee will address; recommended subcommittees, subcommittee membership and meeting schedule, and the tasks for which each subcommittee will be responsible; and any other topics related to the DAC's work that may arise.

    DATES:

    The Committee's next meeting will take place on Tuesday, March 21, 2017, 9:00 a.m. to 1:30 p.m. (EST), at the headquarters of the Federal Communications Commission (FCC).

    ADDRESSES:

    Federal Communications Commission, 445 12th Street SW., Washington, DC 20554, in the Commission Meeting Room.

    FOR FURTHER INFORMATION CONTACT:

    Elaine Gardner, Consumer and Governmental Affairs Bureau, (202) 418-0581 (voice) email: [email protected]

    SUPPLEMENTARY INFORMATION:

    On December 2, 2014, in document DA 14-1737, published at 79 FR 73309, December 10, 2014, the FCC announced the establishment and process for appointment of members of the DAC, an advisory committee, to provide advice and recommendations to the FCC on a wide array of disability matters. The DAC's first term expired on December 29, 2016. On September 6, 2016, the FCC's Consumer and Governmental Affairs Bureau in document DA 16-1011, published at 81 FR 66020, September 26, 2016, announced the anticipated renewal of the DAC and solicited applications for membership for the DAC's second term, which runs from December 30, 2016, through December 29, 2018. On January 5, 2017, in document DA 17-19, announcement of the members selected for the renewed second term of the DAC was made. As authorized by Federal Advisory Committee Act, the Committee has established subcommittees, and the Commission has invited additional individuals and organizations who are not members of the full Committee to participate on these subcommittees. For the second term of the DAC, subcommittees are established to focus on emergency communications, relay/equipment distribution, technology transitions, and video programming.

    The March 21, 2017 meeting will be led by the new DAC co-chairs: Lise Hamlin, Director of Public Policy of the Hearing Loss Association of America, and Sam Joehl, Principal Technical Consultant of the SSB BART Group. In addition, initial subcommittee meetings may be held following the meeting of the full DAC.

    A reserved amount of time will be available on the agenda for comments and inquiries from the public. The public may comment or ask questions of presenters via the email address [email protected], and may view the meeting through and webcast with open captioning at www.fcc.gov/live. These comments or questions may be addressed during the public comment period.

    During its first meeting, members of the Committee will clarify the Committee's roles and responsibilities and begin to define, clarify, and prioritize issues that the Committee and its subcommittees will address.

    The meeting site is fully accessible to people using wheelchairs or other mobility aids. Sign language interpreters, open captioning, and assistive listening devices will be provided on site. Other reasonable accommodations for people with disabilities are available upon request. If making a request for an accommodation, please include a description of the accommodation you will need and tell us how to contact you if we need more information. Make your request as early as possible by sending an email to [email protected] or calling the Consumer and Governmental Affairs Bureau at 202-418-0530 (voice), 202-418-0432 (TTY). Last minute requests will be accepted, but may be impossible to fill. The meeting will be webcast with open captioning, at: www.fcc.gov/live.

    To request materials in accessible formats for people with disabilities (Braille, large print, electronic files, audio format), send an email to [email protected] or call the Consumer and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-0432 (TTY).

    Federal Communications Commission. D'wana Terry, Acting Deputy Chief, Consumer and Governmental Affairs Bureau.
    [FR Doc. 2017-04408 Filed 3-6-17; 8:45 am] BILLING CODE 6712-01-P
    FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION Sunshine Act Notice March 3, 2017. Time and Date:

    10:00 a.m., Thursday, March 16, 2017.

    Place:

    The Richard V. Backley Hearing Room, Room 511N, 1331 Pennsylvania Avenue NW., Washington, DC 20004 (enter from F Street entrance).

    Status:

    Open.

    Matters to be Considered:

    The Commission will consider and act upon the following in open session: Secretary of Labor v. Bussen Quarries, Inc., Docket No. CENT 2015-385. (Issues include whether the Judge erred in concluding that the operator had violated the mandatory standard governing the requirement to use fall protection.)

    Any person attending this meeting who requires special accessibility features and/or auxiliary aids, such as sign language interpreters, must inform the Commission in advance of those needs. Subject to 29 CFR 2706.150(a)(3) and 2706.160(d).

    Contact Person for More Info:

    Emogene Johnson (202) 434-9935/(202) 708-9300 for TDD, Relay/1-800-877-8339 for toll free.

    Phone Number for Listening to Argument:

    1-(866) 867-4769, Passcode: 129-339.

    Sarah L. Stewart, Deputy General Counsel.
    [FR Doc. 2017-04572 Filed 3-3-17; 4:15 pm] BILLING CODE 6735-01-P
    FEDERAL RESERVE SYSTEM Formations of, Acquisitions by, and Mergers of Bank Holding Companies

    The companies listed in this notice have applied to the Board for approval, pursuant to the Bank Holding Company Act of 1956 (12 U.S.C. 1841 et seq.) (BHC Act), Regulation Y (12 CFR part 225), and all other applicable statutes and regulations to become a bank holding company and/or to acquire the assets or the ownership of, control of, or the power to vote shares of a bank or bank holding company and all of the banks and nonbanking companies owned by the bank holding company, including the companies listed below.

    The applications listed below, as well as other related filings required by the Board, are available for immediate inspection at the Federal Reserve Bank indicated. The applications will also be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing on the standards enumerated in the BHC Act (12 U.S.C. 1842(c)). If the proposal also involves the acquisition of a nonbanking company, the review also includes whether the acquisition of the nonbanking company complies with the standards in section 4 of the BHC Act (12 U.S.C. 1843). Unless otherwise noted, nonbanking activities will be conducted throughout the United States.

    Unless otherwise noted, comments regarding each of these applications must be received at the Reserve Bank indicated or the offices of the Board of Governors not later than March 29, 2017.

    A. Federal Reserve Bank of Chicago (Colette A. Fried, Assistant Vice President) 230 South LaSalle Street, Chicago, Illinois 60690-1414:

    1. First Busey Corporation, Champaign, Illinois; to acquire 100 percent of First Community Financial Partners, Inc., Joliet, Illinois, and thereby indirectly acquire First Community Financial Bank, Plainfield, Illinois.

    B. Federal Reserve Bank of St. Louis (David L. Hubbard, Senior Manager) P.O. Box 442, St. Louis, Missouri 63166-2034. Comments can also be sent electronically to [email protected]:

    1. Miles Bancshares, Inc., Advance, Missouri; to acquire up to 5.31 percent of the voting shares of UBT Bancshares, Inc., Marysville, Kansas, and thereby indirectly acquire United Bank & Trust, Marysville, Kansas.

    Board of Governors of the Federal Reserve System, March 1, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-04314 Filed 3-6-17; 8:45 am] BILLING CODE 6210-01-P
    FEDERAL RESERVE SYSTEM Change in Bank Control Notices; Acquisitions of Shares of a Bank or Bank Holding Company

    The notificants listed below have applied under the Change in Bank Control Act (12 U.S.C. 1817(j)) and § 225.41 of the Board's Regulation Y (12 CFR 225.41) to acquire shares of a bank or bank holding company. The factors that are considered in acting on the notices are set forth in paragraph 7 of the Act (12 U.S.C. 1817(j)(7)).

    The notices are available for immediate inspection at the Federal Reserve Bank indicated. The notices also will be available for inspection at the offices of the Board of Governors. Interested persons may express their views in writing to the Reserve Bank indicated for that notice or to the offices of the Board of Governors. Comments must be received not later than March 20, 2017.

    Federal Reserve Bank of Minneapolis (Jacquelyn K. Brunmeier, Assistant Vice President) 90 Hennepin Avenue, Minneapolis, Minnesota 55480-0291:

    1. Alerus Financial Employee Stock Ownership Plan, Grand Forks, North Dakota; to acquire additional shares of Alerus Financial Corporation, Grand Forks, North Dakota, and indirectly acquire additional shares of Alerus Financial, National Association, Grand Forks, North Dakota.

    Board of Governors of the Federal Reserve System, March 2, 2017. Yao-Chin Chao, Assistant Secretary of the Board.
    [FR Doc. 2017-04449 Filed 3-6-17; 8:45 am] BILLING CODE 6210-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [Docket Number CDC-2017-0015, NIOSH-295] Health Risks to Workers Associated With Occupational Exposures to Peracetic Acid; Request for Information AGENCY:

    National Institute for Occupational Safety and Health (NIOSH) of the Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS).

    ACTION:

    Request for information.

    SUMMARY:

    The National Institute for Occupational Safety and Health of the Centers for Disease Control and Prevention intends to evaluate the scientific and technical data on occupational exposures to peracetic acid (CAS #79-21-0, also known as peroxyacetic acid and PAA). NIOSH is requesting information on the following: (1) Workplace exposure data for peracetic acid, (2) possible health effects observed in workers exposed to peracetic acid, (3) workplaces and products in which peracetic acid may be found, (4) description of work tasks and scenarios with a potential for exposure to peracetic acid, (5) reports and findings from in vitro and in vivo toxicity studies with peracetic acid, (6) data applicable to the quantitative risk assessment of health effects associated with acute, subchronic and chronic workplace exposures to peracetic acid, (7) sampling and analytical methods for peracetic acid, and (8) control measures, including engineering controls, work practices, and personal protective equipment (PPE), that are being used in workplaces where there is potential for exposure to peracetic acid.

    DATES:

    Electronic or written comments must be received by June 5, 2017.

    ADDRESSES:

    You may submit comments, identified by CDC-2017-0015 and docket number NIOSH-295, by any of the following methods:

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

    Mail: National Institute for Occupational Safety and Health, NIOSH Docket Office, 1090 Tusculum Avenue, MS C-34, Cincinnati, Ohio 45226-1998.

    Instructions: All information received in response to this notice must include the agency name and docket number [CDC-2017-0015; NIOSH-295]. All relevant comments received will be posted without change to www.regulations.gov, including any personal information provided. For access to the docket to read background documents or comments received, go to www.regulations.gov.

    FOR FURTHER INFORMATION CONTACT:

    G. Scott Dotson, NIOSH, Education and Information Division, Robert A. Taft Laboratories, 1090 Tusculum Avenue, Cincinnati, OH 45226, (513) 533-8540 (not a toll free number).

    SUPPLEMENTARY INFORMATION:

    Peracetic acid is a peroxide-based molecule used extensively as an antimicrobial agent in many commercial applications. It is routinely used as a sterilant during the cleaning of endoscopes and other medical devices, as a disinfectant in food processing, as a bleaching agent, and in the synthesis of other chemicals [NAS 2010; Pechacek et al. 2015]. The chemical and physical properties of peracetic acid make the molecule highly reactive, unstable, and volatile. Peracetic acid has a pungent, vinegar-like odor [NAS 2010].

    Peracetic acid is formed from a sulfuric acid-catalyzed chemical reaction between acetic acid and hydrogen peroxide [NAS 2010]. Peracetic acid solutions typically consist of a mixture of peracetic acid, acetic acid, and hydrogen peroxide in various concentrations. NAS [2010] reported that technical or commercial peracetic acid products contain peracetic acid, acetic acid, and hydrogen peroxide in solution. Concentrations of peracetic acid in these products vary, but do not exceed 40%. Peracetic acid products containing more than 15% peracetic acid demonstrate excessive reactivity, instability, and some degree of explosiveness [Pechacek et al. 2015].

    Acute exposure to peracetic acid is irritating to the eyes, respiratory tract, and skin. Peracetic acid is a strong sensory irritant considered to be more potent than acetic acid or hydrogen peroxide [NAS 2010]. Cristofari-Margquand et al. [2007] indicated that healthcare workers experienced asthma associated with workplace exposures to peracetic acid. No data on human lethality due to exposure to peracetic acid were identified. Lethal exposures in animals caused hemorrhage, edema, and pulmonary consolidation [NAS 2010].

    NIOSH does not have a recommended exposure limit (REL) for peracetic acid. The Occupational Safety and Health Administration (OSHA) has not established a permissible exposure limit (PEL). The California Division of Occupational Safety and Health (CalOSHA) has not established a PEL for peracetic acid. The American Conference of Governmental Industrial Hygienists (ACGIH®) has established a threshold limit value (TLV®)—short term exposure limit (STEL) of 1.24 mg/m3 (0.4 ppm) to protect workers against irritation of eyes, skin, and the upper respiratory tract [ACGIH® 2016]. The National Advisory Committee for Acute Exposure Guideline Levels for Hazardous Substances (NAC/AEGL Committee) has established AEGL values for peracetic acid [NAS 2010]. AEGL values are threshold exposure limits for the general public and are applicable to emergency exposure periods ranging from 10 minutes to 8 hours [NAS 2001]. AEGL-1 represents an airborne concentration above which exposures could cause notable discomfort, irritation, or certain asymptomatic non-sensory effects. AEGL-2 represents an airborne concentration above which exposures could cause irreversible or other serious, long lasting adverse effects or an impaired ability to escape. AEGL-3 represents an airborne concentration above which exposures could cause life-threatening effects or death. Table 1 summarizes the AEGL values for peracetic acid.

    Table 1—AEGL Values for Peracetic Acid * 10 minute 30 minute 60 minute 4 hour 8 hour AEGL-1 0.52 mg/m 3 (0.17 ppm) 0.52 mg/m 3 (0.17 ppm) 0.52 mg/m 3 (0.17 ppm) 0.52 mg/m 3 (0.17 ppm) 0.52 mg/m 3 (0.17 ppm). AEGL-2 1.6 mg/m 3 (0.5 ppm) 1.6 mg/m 3 (0.5 ppm) 1.6 mg/m 3 (0.5 ppm) 1.6 mg/m 3 (0.5 ppm) 1.6 mg/m 3 (0.5 ppm). AEGL-3 60 mg/m 3 (19 ppm) 30 mg/m 3 (9.6 ppm) 15 mg/m 3 (4.8 ppm) 6.3 mg/m 3 (2 ppm) 4.1 mg/m 3 (1.3 ppm). * NAS [2010].

    In May 2015, NIOSH published a notice in the Federal Register [80 FR 24930] announcing the availability of and a request for comments for the draft immediately dangerous to life or health (IDLH) values and support technical documents, entitled Immediately Dangerous to Life or Health (IDLH) Value Profiles, for 14 chemicals including peracetic acid. The proposed IDLH value for peracetic acid was 1.7 mg/m3 (0.55 ppm) [draft NIOSH 2015]. The proposed recommendation was based on sensory irritation in human volunteers reported in Fraser and Thorbinson [1986]. Due to subsequent requests from the public, a supplemental notice was published in the Federal Register [81 FR 53147] announcing that NIOSH was seeking further comments on the draft IDLH Value Profile for peracetic acid. The public comments indicated that (1) the proposed IDLH value was overprotective, (2) the data available for peracetic acid are of low quality, and (3) issues exist with the sampling and analysis of air samples for peracetic acid in the workplace. Based on these comments, NIOSH is re-evaluating the proposed IDLH value for peracetic acid.

    Research efforts are needed to characterize the acute and chronic health effects of occupational exposures to peracetic acid. These efforts include: (1) Epidemiological and field studies designed to assess workplace exposures to peracetic acid, (2) in vivo and in vitro studies designed to characterize the acute, sub-chronic, and chronic effects of peracetic acid, (3) quantitative risk assessment(s) intended to characterize the increased risks associated with workplace exposures to peracetic acid, (4) evaluation of workplace controls, including engineering controls, administrative controls, and PPE, (5) development of analytical methods to accurately collect and analyze air samples of peracetic acid under various conditions (e.g., task-based monitoring, full-shift monitoring, real-time monitoring).

    Background: The purpose of the RFI is to seek information relevant to assessing the risk of occupational exposures to peracetic acid.

    Information Needs: Additional data and information are needed to assist NIOSH in characterizing and assessing the health risk of occupational exposures to peracetic acid. Information is needed on: (1) Workplace exposure data for peracetic acid, (2) possible health effects observed in workers exposed to peracetic acid, (3) workplaces and products in which peracetic acid may be found, (4) description of work tasks and scenarios with a potential for exposure to peracetic acid, (5) reports and findings from in vitro and in vivo toxicity studies with peracetic acid, (6) data applicable to the quantitative risk assessment of health effects associated with acute, subchronic and chronic workplace exposures to peracetic acid, (7) sampling and analytical methods for peracetic acid, and (8) control measures, including engineering controls, work practices, and personal protective equipment (PPE), that are being used in workplaces where there is potential for exposure to peracetic acid.

    References ACGIH® (American Conference of Governmental Industrial Hygienists) [2016]. Annual TLVs® (Threshold Limit 4 Values) and BEIs® (Biological Exposure Indices) booklet. Cincinnati, OH: ACGIH® Signature Publications. Cristofari-Marquand E, Kacel M, Milhe F, Magnan A, Lehucher-Michel MP [2007]. Asthma caused by peracetic acid-hydrogen peroxide mixture. J Occup Health 49(2):155-158. Fraser JAL, Thorbinson A [1986]. Fogging trials with Tenneco Organics Limited (30th June, 1986) at Collards Farm. Solvay Interox. Warington, United Kingdom. NAS (National Academies of Science) [2001]. Standing operating procedures for developing acute exposure guidelines levels for hazardous chemicals. Washington, DC: National Academy Press. [https://www.epa.gov/sites/production/files/2015-09/documents/sop_final_standing_operating_procedures_2001.pdf]. NAS [2010]. Chapter 7: peracetic acid-acute exposure guideline levels. In: acute exposure guideline levels for selected airborne chemicals: volume 8. [http://www.epa.gov/opptintr/aegl/pubs/peracetic_acid_final_volume8_2010.pdf]. NIOSH (National Institute for Occupational Safety and Health) [draft 2015]. Immediately dangerous to life or health (IDLH) value profile for peracetic acid. External review draft (Dated: March 2015). [https://www.cdc.gov/niosh/docket/review/docket156a/pdfs/g1-013-peracetic-acid-cas-79-21-0.pdf]. Pechacek N, Osorio M, Caudill J, Peterson B [2015]. Evaluation of the toxicity data for peracetic acid in deriving occupational exposure limits: A minireview. Toxicology Letters 233: 45-57. Dated: March 1, 2017. Frank Hearl, Chief of Staff, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention.
    [FR Doc. 2017-04319 Filed 3-6-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention Disease, Disability, and Injury Prevention and Control Special Emphasis Panel (SEP): Initial Review

    In accordance with Section 10(a)(2) of the Federal Advisory Committee Act (Pub. L. 92-463), the Centers for Disease Control and Prevention (CDC) announces a meeting for the initial review of applications in response to Funding Opportunity Announcement (FOA) DP15-0020301SUPP17, Supplement to Enhance Laboratory and Statistical Support of the Population Registry of Diabetes in Youth.

    TIME AND DATE:

    11:00 a.m.-2:00 p.m., EDT, March 29, 2017 (Closed).

    PLACE:

    Teleconference.

    STATUS:

    The meeting will be closed to the public in accordance with provisions set forth in Section 552b(c) (4) and (6), Title 5 U.S.C., and the Determination of the Director, Management Analysis and Services Office, CDC, pursuant to Public Law 92-463.

    MATTERS FOR DISCUSSION:

    The meeting will include the initial review, discussion, and evaluation of applications received in response to “Supplement to Enhance Laboratory and Statistical Support of the Population Registry of Diabetes in Youth”, FOA DP15-0020301SUPP17.

    CONTACT PERSON FOR MORE INFORMATION:

    Jaya Raman Ph.D., Scientific Review Officer, CDC, 4770 Buford Highway, Mailstop F80, Atlanta, Georgia 30341, Telephone: (770) 488-6511, [email protected] delegated the authority to sign Federal Register notices pertaining to announcements of meetings and other committee management activities, for both the Centers for Disease Control and Prevention and the Agency for Toxic Substances and Disease Registry.

    Elaine L. Baker, Director, Management Analysis and Services Office, Centers for Disease Control and Prevention.
    [FR Doc. 2017-04354 Filed 3-6-17; 8:45 am] BILLING CODE 4163-18-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Center for Complementary and 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; NIH Health Care Systems Research Collaboratory—Coordinating Center (U24).

    Date: April 6, 2017.

    Time: 12:00 p.m. to 2:00 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: Viatcheslav A. Soldatenkov, Ph.D., Scientific Review Officer, Office of Scientific Review, Division of Extramural Activities, NCCIH/NIH, 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: March 1, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04325 Filed 3-6-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health National Institute of Allergy and Infectious Diseases; 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 Allergy and Infectious Diseases Special Emphasis Panel; NIH Support for Conferences and Scientific Meetings (Parent R13).

    Date: March 20-22, 2017.

    Time: 8:30 a.m. to 5:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: National Institutes of Health, 5601 Fishers Lane, Rockville, MD 20892 (Telephone Conference Call).

    Contact Person: J. Bruce Sundstrom, Ph.D., Scientific Review Officer, Scientific Review Program, Division of Extramural Activities, Room 3G11A, National Institutes of Health/NIAID, 5601 Fishers Lane, MSC 9823, Bethesda, MD 20892-9823, 240-669-5045, [email protected]

    This notice is being published less than 15 days prior to the meeting due to the urgent need to meet timing limitations imposed by the intramural research review cycle.

    (Catalogue of Federal Domestic Assistance Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93.856, Microbiology and Infectious Diseases Research, National Institutes of Health, HHS)
    Dated: March 1, 2017. Natasha M. Copeland, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04326 Filed 3-6-17; 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 Initial Review Group, Biobehavioral and Behavioral Sciences Subcommittee.

    Date: June 14, 2017.

    Time: 7:00 a.m. to 6:00 p.m.

    Agenda: To review and evaluate grant applications.

    Place: Washington Plaza Hotel, 10 Thomas Circle NW., Washington, DC 20005.

    Contact Person: Marita R. Hopmann, Ph.D., Scientific Review Officer, Scientific Review Branch, Eunice Kennedy Shriver National Institute of Child Health and Human Development, 6710B Bethesda Drive, Bethesda, MD 20892, (301) 435-6911, [email protected]

    (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: March 1, 2017. Michelle Trout, Program Analyst, Office of Federal Advisory Committee Policy.
    [FR Doc. 2017-04324 Filed 3-6-17; 8:45 am] BILLING CODE 4140-01-P
    DEPARTMENT OF HOMELAND SECURITY Coast Guard [Docket Number USCG-2017-0033] Waterway Suitability Assessment for Construction of a Liquefied Natural Gas Facility; Jacksonville, FL AGENCY:

    Coast Guard, DHS.

    ACTION:

    Notice and request for comments.

    SUMMARY:

    The Coast Guard Sector Jacksonville received a Letter of Intent (LOI) and Waterways Suitability Assessment (WSA) for a Liquefied Natural Gas (LNG) facility construction project in Jacksonville, Florida. The LOI and WSA for Eagle LNG were submitted by Rodino, Inc. The Coast Guard requests comments on the proposed construction of this LNG facility, as defined by 33 CFR 127.005.

    DATES:

    Comments and related material must be received by the Coast Guard on or before April 6, 2017.

    ADDRESSES:

    You may submit comments identified by docket number USCG-2017-0033 using the Federal eRulemaking Portal at http://www.regulations.gov. See the “Public Participation and Request for Comments” portion of the SUPPLEMENTARY INFORMATION section for further instructions on submitting comments.

    FOR FURTHER INFORMATION CONTACT:

    For information about this document: call or email Lieutenant Allan Storm, Sector Jacksonville, Waterways Management Division, U.S. Coast Guard; telephone (904) 714-7616, email [email protected]

    I. Background and Purpose

    Under 33 CFR 127.007(a), an owner or operator intending to build a new facility handling LNG, or an owner or operator planning new construction to expand or modify marine terminal operations in an existing facility handling LNG, where the construction, expansion, or modification would result in an increase in the size and/or frequency of LNG marine traffic on the waterway associated with a proposed facility or modification to an existing facility, must submit an LOI to the Captain of the Port (COTP) of the zone in which the facility is or will be located. Eagle LNG submitted an LOI and WSA on November 25, 2014, and a Follow-on WSA on November 10, 2016.

    Under 33 CFR 127.009, after receiving an LOI, the COTP issues a Letter of Recommendation (LOR) as to the suitability of the waterway for LNG marine traffic to the appropriate jurisdictional authorities. The LOR is based on a series of factors outlined in 33 CFR 127.009 that relate to the physical nature of the affected waterway and issues of safety and security associated with LNG marine traffic on the affected waterway.

    The purpose of this